What is a newly qualified driver
A person driving within the first 2 years of passing their driving test.
The impact of penalty points on a new driver.
If a new driver accumulates 6 or more penalty points within the first 2 years of passing their driving test they are at risk of having their driving licence automatically revoked by the DVLA.
What does revocation mean
Revocation of a driving licence means that the driver will revert to learner driver status and have to take both their theory and practical tests again. There could be many months delay before they are able to secure a full driving licence due to the wait times to do a practical driving test. There is no guarantee they will pass again either.
Which road traffic offences could lead to a potential revocation?
Driving whilst using a mobile phone offence – 6 points
Driving without insurance – 6 penalty points
Two low level speeding offences – 3 penalty points each totalling 6 points
Are the only points that count those that have been obtained since passing a driving test
No. If a newly qualified driver has points on their licence when they were a provisional licence holder these may carry over and count towards the 6 points if they were committed in the 3 years prior to the date of any points on the newly qualified drivers licence.
How does a new driver avoid a revocation
By taking the matter to court and trying to persuade the court to impose a discretionary disqualification instead of points. Any road traffic offences that carry penalty points have an alternative of a discretionary disqualification.
Would it be hard to persuade the court to impose a discretionary disqualification instead of points
The purpose of the revocation provisions is to ensure new drivers drive carefully and do not break road traffic laws. Normally it would be seen as trying to circumvent the purpose of the legislation if the court imposed a discretionary disqualification instead of points so a new driver’s licence is not revoked. However, it is always a possibility and will very much depend on the nature of the offence and the personal circumstances of the driver.
Can a new driver’s licence be revoked more than once?
No.
Will points be wiped off a driving licence once the new driver passes a driving test again?
No. The points will remain on their driving licence after a revocation so if they accumulate 12 or more points within a 3 year period, date of offence to date of offence, they will then fall foul of the totting provisions and face a minimum 6 months driving disqualification.
Purpose of the legislation.
Road safety and to try and ensure new drivers adhere to the rules of the road as soon as they pass their test.
