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Penalty Points and the New Drivers Act

By: Garry Crystal - Updated: 8 Dec 2018 | comments*Discuss
 
New Drivers Revoked Driving Licence

The New Drivers Act is a probationary period that applies to all drivers who sat their driving test after 1st June 1997. This act means that drivers who amass six or more penalty points within two years of passing their test can have their licence revoked.

The Introduction of the New Drivers Act

The New Drivers Act is part of the Road Traffic Act 1995. In effect this is a probationary period that is placed on new drivers who passed their driving test after 1st June 1997. Any new driver who builds up six or more Penalty Points on their licence within two years of passing their test will have their Licence Automatically Revoked. If a new driver already has penalty points on their provisional driving licence this will also be taken into account. This probationary period is designed to keep the roads safer and to make new drivers aware of the consequences that come with driving offences.

Penalty Points Gained on a Provisional Licence

The New Drivers Act has a two year time limit after a driving test has been passed. But points on a provisional licence are taken into account towards the maximum six points limit. This means that if a driver already has points on a provisional licence they will count towards the minimum six points revocation. Any points on a licence after passing a driving test will be added to the provisional licence penalty points. This means one offence carrying three penalty points after a test has been passed can be added to three penalty points on a provisional licence.

Discretion and the New Drivers Act

Under the stipulations of the New Drivers Act there is no room for discretion. Certain driving offences and the penalties imposed can be subject to the courts discretion. But no discretion will be given for new drivers who have amassed six or more points on their licence within the stipulated time frame. Revocation of the licence will be automatic, and the courts, police or the DVLA will have no say in the matter.

Informing a Driver that Their Licence has Been Revoked

There is no need for a new driver to be given warning that their licence has been revoked. This means that DVLA can automatically revoke a licence even if there is no court appearance. Prior warning that a licence is being revoked is also not necessary. The DVLA will assume that drivers are aware of this road traffic act.

Steps Towards Getting a Driving Licence Back

If a licence has been revoked under the New Drivers Act the driver will be required to apply once again for a provisional driving licence. Drivers will be required to pass both the theory and the practical driving test. They will also be required to pay the cost of sitting the theory and practical test again. Retaking and passing the driving test will be the only way to regain a driving licence.

Avoiding a Driving Licence Revocation

Although there is no discretion allowed when six points have been reached, revocation of a licence can be avoided. If the driver can avoid having points placed onto their licence then they can avoid the revocation. Avoiding licence points will usually means going to court with the intention of stopping the points being placed on the licence. The courts will have discretion over whether or not these points should be applied. One outcome could be a disqualification period for a set amount of time. This would mean that the driver may not have to retake the driving test once the disqualification period has elapsed.

Appealing After a Court Hearing

A new driver who has had their licence revoked after a Court Hearing can still appeal against the decision. If the licence revocation was an automatic six penalty revocation then no appeal would be permitted. If the revocation was implemented by a court the driver could make an appeal to a higher court. If an appeal is made, and the driver lodges this appeal with the DVLA, the revocation will be suspended until the outcome of the appeal court hearing is known. Drivers who wish to appeal to a higher court have 21 days to lodge their appeal.

Penalty Points after a Driving Test Has Been Retaken

If a driver has had their licence revoked under the New Drivers Act the penalty points will still be placed on the new licence. The points will remain on the new licence for a three year period. But there will not be any further probationary two year period. Totting up points will then be applied similar to any other driver. The rules of the New Drivers Act with regards to revocation of a licence apply once only.

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I was going 60 in 40 on motorway. Iv been driving 2 years 3 months what will happen
Mgmfo - 8-Dec-18 @ 7:44 AM
Hiya I was going 60 in 40 on the motor away want will happen, if been driving 2 years 3 months
Mgmfo - 8-Dec-18 @ 7:41 AM
I have held a full bike liscence since 2010 I passed my car test just under two years ago and have just received 6 points am I subject to the new drivers act or not as I passed a ful test years Avon for the bike
Bennyb - 21-Oct-18 @ 10:16 AM
how long thats is taking to getback the 3 points taking from youre driving licence,after paying the fine? thanks
Bingo - 13-Oct-18 @ 6:10 PM
Hi, I was driving a friends car last night with him in the passenger seat and he'd given me permission to drive. However we were pulled over as he had not registered his plates properly since Changing them. I've held my licence under 2 years and now face 6 points and a fine (losing my licence) but I have seen some people have been let off with suspension that lasts less than 56 days. I was wondering how likely it is I will have my license revoked and if it's worth going to count and arguing my reasons for driving at the time. (my friend hurt his leg and felt ill so asked me to drive the remaining 1/2miles home.
Sam - 17-Sep-18 @ 7:41 PM
Hi i was caught doing 43 in a 30 and was wondering if anyone knows if they think j will get banned only been driving six month's
tinnie08 - 13-Sep-18 @ 10:01 AM
Hi, I have just had a court appearing and they have managed to charge me with driving with no insurance and was handed a 6 points and a £150 fine. But my licence is just under two years and haven't been told if my licence would be revoked or banned. They said another 6 points would equal a ban. But this leaves me confused.
Lonerboy - 15-Aug-18 @ 4:33 PM
djjones84 - Your Question:
Hi I have been cought doing 39 mph in a 30 mph area 8ve only been driving 3 months would it be p9ssable to get on the drivers aweness course ?

Our Response:
This is within the guideline limits for speed awareness course, but they are only offered at the discretion of the police, so you can't assume that this would be a definite option.
NoPenaltyPoints - 6-Aug-18 @ 2:07 PM
hi I have been cought doing 39 mph in a 30 mph area 8ve only been driving 3 months would it be p9ssable to get on the drivers aweness course ?
djjones84 - 4-Aug-18 @ 1:44 PM
Hi, my husband has just received a NIP from the police for failure to stop after an accident, failure to report an accident and driving without due care. What happens was he stopped at a petrol station and accidentally left his handbrake on when he returned to three car it had rolled into a stationary car on flat ground not a speed. He pulled forward and checked for damage on both cars of which there was none looked around for any people of which there were none then went into the petrol station to let them know and ask what to do they didn’t know so he left as no damage. He has had his licence for 12 year with no points ever. What will happen will he lose his licence? Thanks
Katy - 6-Jul-18 @ 5:33 PM
dee2269 - Your Question:
Hi ive had my licence 16 month and got caught doing 83 on the motorway what will happen please thank you

Our Response:
For a speed of 83mph in a 70mph speed limit, you would most probably be offered either (1) Fixed penalty of 3 points plus £100 fine or (2)A speed awareness course.
NoPenaltyPoints - 5-Jul-18 @ 3:16 PM
hi ive had my licence 16 month and got caught doing 83 on the motorway what will happen please thank you
dee2269 - 2-Jul-18 @ 7:26 PM
Brainr - Your Question:
I passed what I think was a speed camera van.I am not sure if I was speeding.It was a 30 and if I was speeding it would not have been by much.I have had my licence under 2 years.I have no points.Somone told me new drivers cannot do speed awarness courses is this true.

Our Response:
Speed awareness courses are only offered if the police choose to offer them, so we really can't say whether you'd be offered a course or not. The general recommended guidelines for the police to choose (or not) whether to offer a course in a 30mph are speeds of between 35mph and 42mph.
NoPenaltyPoints - 4-Jun-18 @ 2:21 PM
I passed what i think was a speed camera van .I am not sure if I was speeding .It was a 30 and if I was speeding it would not have been by much .I have had my licenceunder 2 years .I have no points .Somone told me new drivers cannot do speed awarness courses is this true .
Brainr - 3-Jun-18 @ 4:42 PM
Hi, my licence has been revoked under the 2 years new drivers act( 6 points for failing to name a driver 3years ago and i got 5 points 15th of march this year 2018 for over speeding , i both went to court and pleaded guilty,but unfortunately i still got points. Anyway , My questions now is , if i apply for new provisional licence and passed both theory and practical , am i still going to be under the new 2 years probation ,then is my licence (Full licence) going to start counting from the day i got my first full license which was December 2015 or it's going to start afresh from when i passed the new practical.Becausei have been waiting for my licence (revoked one) to be 3 years this December so that i can go and apply for Uber, but unfortunately this happened.
Vin - 25-May-18 @ 3:06 AM
I have had my license for over 2 years ni in my first year I got 4 points for speeding but last summer I got pulled over by the police for haveing two young kids in my car with no car seats it was an emergency situation were a family member got rushed into hospital and I had no choice but to put them into my car my court date is this week and my solicitor is saying I’m going to get my license revoked but I’m over my 2 years probation will I still lose it or am I looking at ban for a while I can’t lose my license I need it for everything I do in life
Ryan - 17-May-18 @ 9:51 AM
I have had my licence for nearly 2 years, I was caught speeding at 81mph on a dual carriage way with a speed limit of 70mph It was during an overtaking manoeuvre where a guy was forcing me over with no space to pull in. what am I expecting to receive ?? I lively hood is through driving and im very worried about its effects
DEEvon - 4-May-18 @ 2:26 PM
I got my full bike licence 8 years ago, and passed my driving test 6 months ago. I have been caught driving 74 mph in a 50mph area. I have always previously had a clean licence. Am I technically a new driver and am I liable to lose my license, if so would it be just the car licence or both. Thank you for any help.
Ballz - 21-Apr-18 @ 11:54 PM
Boycey - Your Question:
My son has just been stopped by police whilst on his mobile phone. I know he will have his licence revoked how long before he can apply for his provisional and re sit his test

Our Response:
If you son is given 6 points his licence is immediately revoked and remains revoked until an application is made is made for its reinstatement. When he applies, a provisional licence will be issued showing the 6 points and he will then be subject to the usual conditions of a provisional licence. He will have to apply for both theory and practical driving tests and pass them before regaining a full licence and when he does, the points will remain on the licence for 3 years.
NoPenaltyPoints - 16-Apr-18 @ 3:18 PM
My son has just been stopped by police whilst on his mobile phone. I know he will have his licence revokedhow long before he can apply for his provisional and re sit his test
Boycey - 13-Apr-18 @ 10:35 PM
My son passed his full motorbike test 5 years ago.He passed his car driving test about a year ago.Within the past year he has accrued 3 speeding points on his bike and 3 in his car.Can he have his licence revoked as a 'new' driver? He was marginally over the limit in both cases.Was offered a course but work wouldn't give him the day off!
Pat - 12-Mar-18 @ 3:05 PM
A friend of mine passed her test in June 17 and has been driving ever since. 1 month ago she changed jobs to become a adult carer. She goes from house to house caring for elderly. She didn't realise that she was required to inform the insurance company of a career change or that she had to have business insurance (as she never transports patients). The police recently pulled her over, informed that her insurance was invalid and gave her a fixed penalty with 6 points attached. Is there anything she can do to avoid having her license revoked?
KR - 11-Mar-18 @ 9:43 PM
Hi ive have been passed for 13 months. The speed camera flashed on a 30 road i was doing 40. Did it flash before i hit 40 and what will happen
Abdul - 8-Mar-18 @ 11:22 PM
Sun86 - Your Question:
I received a charges statement for failing to provide drivers information over an alleged speeding incident. I have no knowledge of this incident. I also had no idea that I had been asked for information as to be honest, I have been struggling with debt and my mental health after my partner left and I stopped opening mail as I was afraid of dealing with the debt. Now I'm in a situation where I might lose my licence as I am under the 2 year new driver threshold. I feel so ashamed for letting things get this bad but I've been struggling with so much and I could lose my job without my car. Obviously that'll make the debt situation worse. What can I do?

Our Response:
Please go to Citizens' Adivce, you need some individual support to help you on this. You might be able to plead mitigation at court in order to avoid losing your licence.
NoPenaltyPoints - 16-Feb-18 @ 11:01 AM
Chrisbup25- Your Question:
Hi there guys right I have been caught speeding 2 times so I’ve got 3 points on my licence already and the second time I was caught speeding I was going 33 in a 30 but I’m literally just coming out of the 2 year mark will I still lose my licence

Our Response:
The New Drivers Act applies to offences up to two years after passing your test. So if you're past the two year mark, it shouldn't result in losing your licence. It's unfortunate to be penalised for 33 in a 30, the recommendation suggest action is taken at speed of over 34mph.
NoPenaltyPoints - 14-Feb-18 @ 10:29 AM
I received a charges statement for failing to provide drivers information over an alleged speeding incident. I have no knowledge of this incident. I also had no idea that I had been asked for information as to be honest, I have been struggling with debt and my mental health after my partner left and I stopped opening mail as I was afraid of dealing with the debt. Now I'm in a situation where I might lose my licence as I am under the 2 year new driver threshold. I feel so ashamed for letting things get this bad but I've been struggling with so much and I could lose my job without my car. Obviously that'll make the debt situation worse. What can I do?
Sun86 - 13-Feb-18 @ 11:04 PM
Hi there guys right I have been caught speeding 2 times so I’ve got 3 points on my licence already and the second time I was caught speeding I was going 33 in a 30 but I’m literally just coming out of the 2 year mark will I still lose my licence
Chrisbup25 - 13-Feb-18 @ 1:40 AM
From when does your probation period start after passing?. Your pass date or licence valid from?.
N - 13-Dec-17 @ 10:41 PM
@rookie64. Correct, this is a totally stupid thing to do. You're driving at like almost double the speed limit. Glad you learned from this, or if you haven't I hope your not driving around while my young nephew or elderly gran are crossing the road.
Mission Implausible - 29-Nov-17 @ 3:11 PM
Rookie64 - Your Question:
Hi, I have had a notice through the door for doing 58 in a 30. the date of the incident was 2 days before the 2 year mark. do the points apply on the date of the incident or the date of the court hearing? This is what makes the difference between me being able to get to work or not so I am extremely worried (entirely my own fault this is the single stupidest thing I have ever done whilst driving)

Our Response:
It's from the date of the offence. If you're worried about losing your licence and the effect this will have on your job you should speak with a motoring lawyer.
NoPenaltyPoints - 29-Nov-17 @ 3:08 PM
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