6 points in first 2 years, opps!

[SoulKiss]

Originally Posted by Webber

I don't want to phone them really in case they have over looked it and then tell me im having it revoked. But this my be wishful thinking :/

Who have greater authority? The Courts or the DVLA?

Even if THEY have made a mistake, if the law says you should have lost it, you wouldn't have it - ie, go out driving and you are driving without a license, whether you physically have it or not.

I mentioned the word ignorance on purpose, as in, ignorance is no defence in the eyes of the law.

Better to find out you are banned now than when stood at the side of the road chatting to a nice policeman who is doing Insurance, MOT and License checks.

[kaivalagi]

Has anyone said you are banned from riding / your licence will be revoked? As far as I am aware the DVLA should have revoked the licence and you shouldn't have had it back...the direct gov site does word things as if it is a clear cut revocation and not at the discretion of anyone.

edit: Speak to a traffic lawyer to find out if this sort of thing is discretional or not...? Or ring the DVLA...your call

[SoulKiss]

Originally Posted by kaivalagi

Has anyone said you are banned from riding / your licence will be revoked? As far as I am aware the DVLA should have revoked the licence and you shouldn't have had it back...the direct gov site does word things as if it is a clear cut revocation and not at the discretion of anyone.

edit: Speak to a traffic lawyer to find out if this sort of thing is discretional or not...?

See above.

You are expected to know (as the OP does know) the law with respect to points.

Just because you don't question this possible mistake would not make you innocent of driving without a license.

"It says on the equipment in the car that you don't have a licence sir, so we are going to confiscate the vehicle as you obviously cannot drive it home. We are taking it to the pound, where if you want it back you should come prepared to jusp through some hoops. Oh and bring a big wad of cash with you. Oh and some lube..."

[kaivalagi]

Reading into some of the traffic lawyer advice sites they all state an automatic process will revoke the licence, I suspect you will receive a letter in the post shortly

e.g. from here: http://www.pattersonlaw.co.uk/New-Dr...-The-Rules.php
"If you take a fixed penalty of 6 points and a £200 fine then your licence will be revoked automatically. The dvla will be told about the points by the police and they will then write to you and tell you your licence is revoked. If you carry on driving you will be committing further offences and could put yourself at risk of a 6 month totting up ban."

[SoulKiss]

Originally Posted by kaivalagi

reading into some of the traffic lawyer advice sites they all state an automatic process will revoke the licence, i suspect you will receive a letter in the post shortly

e.g. From here: http://www.pattersonlaw.co.uk/new-dr...-the-rules.php
"if you take a fixed penalty of 6 points and a £200 fine then your licence will be revoked automatically. the dvla will be told about the points by the police and they will then write to you and tell you your licence is revoked. if you carry on driving you will be committing further offences and could put yourself at risk of a 6 month totting up ban."

+1

Originally Posted by www.drivingban.co.uk

• new drivers act
  
  your licence is revoked if you amass 6 penalty points within the first 2 years ....

The above link contains the following info

Originally Posted by www.drivingban.co.uk

I have received 6 points but I've not been told that my licence has been revoked. Can I continue driving?

In the normal course of events the DVLA would write to you giving you 5 days notice of revocation. If you have not received such a letter, it is quite feasible that it has simply got lost in the post and revocation has been imposed without your knowledge. You should check with the DVLA to establish the status of your licence. If it has been revoked and you continue to drive, you not only commit the offence of driving otherwise than in accordance with your licence, but this would also invalidate your insurance which would lead to a further prosecution.

Don't we have a "QUICKEST BAN" T-shirt? Sept to Feb --a whole 5 months and looses not one but two licenses.

Joking aside,hard luck but that is the cost or consequence of education regarding speed.

I think you just need to call DVLA and have them explain to you what is the process. Its a straight forward, 'i got 6 points and lost my licence' question, and just listen to what they say. Maybe ask for an address to send a letter to if your job requires you to drive, they may be leanient and waive a ban/licence revoke but keep the 6 points on it. But really you just need to call them.

Lots of different issues here.

New drivers act = 6 points in first two years means start again, by applying for provisional, theory and test. (Time and money).

Young drivers act = If lose license as above and you are under 21 you may not get all entitlements (mainly vocational) after passing a retest.

If you take car or bike test you should get the other back too. But every case is reviewed on its merits, allegedly.

Has the licence thats come back pink = full or Provisional = green?
Ive known asomeone to have 15 points and after speaking with Swansea was told if DVLA-court dont ban them, they can drive on BUT 15 points is really last chance saloon any stop worth one point can result in a ban. As mentioned above DVLA will contact you and if they revoke your licence, whether you hold it and drive on or return it as requested you are a unlicenced if stopped.

[keith_d]

Originally Posted by Urbanfireblade

I think you just need to call DVLA and have them explain to you what is the process. Its a straight forward, 'i got 6 points and lost my licence' question, and just listen to what they say. Maybe ask for an address to send a letter to if your job requires you to drive, they may be leanient and waive a ban/licence revoke but keep the 6 points on it. But really you just need to call them.

That decision would be made by the magistrates, not the DVLA. I know someone who escaped a totting up ban because his employer wrote that he needed his car for work. If you need to go that route you should speak to a lawyer who specialises in this area.

[kaivalagi]

Originally Posted by keith_d

If you need to go that route you should speak to a lawyer who specialises in this area.

+1

The 6 point ban process for new drivers is a DVLA based thing, not something the magistrates have any say in, so it would be in the DVLAs power to revoke or not. Totting up or excess speeding bans etc are in the power of a magistrates though. That's why I think the DVLA will be in touch very soon and not give any leeway...we shall see, might go in the OPs favour, stranger things have happened

Like has been mentioned several times over, if in doubt and wanting to know speak to a traffic lawyer...all we are doing is speculating on what we've read and heard