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The Road Traffic (New Drivers) Act 1995 established a two-year probationary
period for newly qualified drivers. The accumulation of six or more penalty
points by a new driver before the end of a period of two years commencing from
the date upon which a driver first passed a driving test will result in the
revocation of the licence. The driver effectively reverts back to being a
provisional licence holder and will require to pass another driving test in
order to restore entitlement to drive.
Do not underestimate the complexity of these provisions. The obvious scenario is
when a driver accrues six penalty points relating to offence(s) committed within
the two year probationary period. It does not matter that they may fall to be
disposed out-with the two years as road traffic legislation tends to operate
from date of offence to date of offence. It is clear that these points will lead
to the revocation of our new driver’s licence.
Matters become more complicated when offences have been committed before the
grant of a full licence. If an offender receives six penalty points as a
provisional licence holder, he is free to sit and hopefully pass his driving
test. There is no revocation as the six points were imposed in relation to an
offence committed prior to the grant of his full entitlement to drive. Put
simply, there is no licence to revoke at this stage. However, should there be
any further indiscretion during the probationary period, then this will trigger
the New Driver provisions as the number of penalty points to be taken into
consideration exceeds the magic six.
Similarly if a driver receives three points for a minor speeding charge as a
provisional licence holder, he has no latitude for any further offences once a
full licence is obtained as three more points, within the two year probationary
period, will invoke the New Driver provisions.
In the event a disqualification is imposed in relation to a separate offence
during the first two years, live penalty points can still lead to revocation
notwithstanding the ban as the points stand alone and are counted independently.
It should be noted that the probationary period comes to an end upon
successfully passing the retest and therefore you can only be a New Driver once.
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ml@theroadtrafficlawyer.com |
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