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Penalty Points and the New Drivers Act

By: Garry Crystal - Updated: 13 Feb 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Informing a Driver that Their Licence has Been Revoked

There is no need for a new driver to be given warning that their licence has been revoked.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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[Add a Comment]
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
Terri - Your Question:
Ive had my license for 9 months and I have never been stopped before and I think I have a speeding ticket coming,will I recieve any points? Will I have to go on a speed awareness course?can I not pay the speeding charge?

Our Response:
You haven't said what speed you were doing and on what type of road/which speed limit zone, so we can't really answer your question effectively sorry.
NoPenaltyPoints - 28-Nov-17 @ 3:21 PM
Ive had my license for 9 months and i have never been stopped before and i think i have a speeding ticket coming,will i recieve any points? Will i have to go on a speed awareness course?can i not pay the speeding charge?
Terri - 27-Nov-17 @ 9:03 PM
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)
Rookie64 - 26-Nov-17 @ 5:20 PM
Ejb - Your Question:
Hi my son just been caught speeding 31 in 20zone he's been driving under the 2yrs would that give him a instant revoke of his licence or will he be able to do the awareness course

Our Response:
31mph in a 20 is right at the top of thesuggested guidelines for the offer of a speed awareness course. Your son may be lucky and be offered the course (these are always at the discretion of the police). If he's not offered a course it's likely he will receive a 3 point penalty plus £100 fine. The licence is not revoked until 6 points are reached under the New Driver's Act.
NoPenaltyPoints - 22-Nov-17 @ 3:46 PM
Hi my son just been caught speeding 31 in 20zone he's been driving under the 2yrs would that give him a instant revoke of his licence or will he be able to do the awareness course
Ejb - 21-Nov-17 @ 8:22 PM
Back in may I already had 3 points on my licence (still in 1st year of driving ) and I had a very unlucky week when It came to speeding I managed to get 4 fines in one week, I didn’t know what do to so I acnknowledged 2 - my licence was revoked with 9 then send the other 2 of saying I had 9 point already. I have heard nothing since ? I’m in a bit of a situation where I don’t know if any further action is going to be taken out or weather I should just re do my test? I have no idea who to ask please help me
Db98 - 17-Nov-17 @ 3:49 PM
I’ve been in court today for drug driving but only has my licence 10 months, they have given me a fine and 12 months ban but they didn’t mention anything about points, just that I need to send my licence to the DVLA does this mean I don’t have any points or have to take my test again.
Ste - 16-Nov-17 @ 10:08 PM
AdiZava - Your Question:
Hi,I have 2 speed penalties with £100 and 3 points on each.The problem is that I'm wondering why they didn't offer me a course for one of them.I mention that I have less than 2 years since I get the licence.

Our Response:
We can't say why you were not offered a course unfortuantely as they are always offered at the discretion of the police. Note also that there are still a few areas where the course is not offered anyway.
NoPenaltyPoints - 6-Oct-17 @ 3:21 PM
Hi, I have 2 speed penalties with £100 and 3 points on each. The problem is that I'm wondering why they didn't offer me a course for one of them. I mention that I have less than 2 years since I get the licence.
AdiZava - 4-Oct-17 @ 7:59 PM
Bevz - Your Question:
I've had my motorbike licence for 3 years and I have had my car licence for 11 months am I rite I have to go 2years probationy period again as think I've been done for speeding just wait in as was camra van thanks

Our Response:
Yes the New Drivers Act will apply in the two years following the issue of your car/full licence.
NoPenaltyPoints - 21-Aug-17 @ 1:33 PM
I've had my motorbike licence for 3 yearsand I have had my car licence for 11 months am I rite I have to go 2yearsprobationy period again as think I've been done for speeding just wait in as was camra vanthanks
Bevz - 17-Aug-17 @ 10:54 PM
Smithy - Your Question:
I recently passed my test and I think I've been doing 34/35 in a 30 and caught with a red light canera. What happens if I have been over the speed limit? Will I lose my license?

Our Response:
If you are captured doing 35 in a 30 zone, you can probably expect a fine of £100 plus 3 penalty points or the offer of a speed awareness course (and no points). Sometimes if you were doing less than 35, the police will decide to take no action. If you also ran a red light and the police decide to penalise you for both offences with fixed penalites/points, then yes there is a chance your licence could be revoked under the new drivers act. We'd say that's faily unlikely though.
NoPenaltyPoints - 30-Jun-17 @ 10:14 AM
I recently passed my test and I think I've been doing 34/35 in a 30 and caught with a red light canera. What happens if I have been over the speed limit? Will I lose my license?
Smithy - 28-Jun-17 @ 11:54 PM
Hello.I passed on the driving test in different country in August 2016. I drive without business insurance and I got 6penalty points.The DVLA revoked my licence.I read the New Drivers Act 1995,which say If I have 6 penalty the DVLA can't revoke my licence because I never take any test in UK. I am confused now,because the DVLA not listening me and they still revoked my licence.
Kate - 30-May-17 @ 12:43 PM
Hi I paid a conditional penalty notice and sent my license off but got it back with a letter saying I would be hearing from the police about going to court as it would take me over the allowed points but they accepted my fine and didn't refund it. Can I still be took to court?
Bookie - 26-May-17 @ 11:44 PM
Chef - Your Question:
Hi I have recently had my licence revoked due to the courts not receiving my plea or any reminders from them I've currently got an appeal going threw as I have copys of the paperwork sent back but they had previously issued 6 points and a £811 fine.But I have a different ticket I've picked up that's £100 and three points where do I stands as atm my licence already has 6 points

Our Response:
If your existing case is resolved in time, the 3 points will be added. Once you reach 12 points you usually lose your licence under the totting up rule. It might be worth speaking to a motoring lawyer for advice.
NoPenaltyPoints - 10-May-17 @ 12:26 PM
Craign- Your Question:
I have held my car licence for 10 years and recently done my bike licence, does my licence revert back to a probationary period of 2 years and 6 points now I'm a new bike rider?

Our Response:
No the new drivers act doesn't apply if you gain a licence for a different type of vehicle and your original licence has already been held for two or more years.
NoPenaltyPoints - 10-May-17 @ 11:28 AM
Hi I have recently had my licence revoked due to the courts not receiving my plea or any reminders from them I've currently got an appeal going threw as I have copys of the paperwork sent back but they had previously issued 6 points and a £811 fine . But I have a different ticket I've picked up that's£100 and three points where do I stands as atm my licence already has 6 points
Chef - 9-May-17 @ 2:09 PM
I have held my car licence for 10 years and recently done my bike licence, does my licence revert back to a probationary period of 2 years and 6 points now I'm a new bike rider?
Craign - 9-May-17 @ 10:20 AM
Hi i made an offence a week before my 2 years was up of driving with no insurance! Was mistake made by inaurancw company by the time i got my conditional offer of 6 points i was out of the 2 years and i accecpted as never beem to court and thought it would be easier just to accept now im waiting to hear if my licence will be revoked will i still loose my licence even thou i didnt hear about the 6 points until after my 2 years was up?
Stephy - 24-Apr-17 @ 8:26 PM
I'm a disabled man, I get the highest rate motability and so I got a motability vehicle, September 17th 2016 I realised I needed some medication which I had asked a friend to collect for me earlier on in the day. My carer was unable to collect it, and so I made the decision to go get it myself (I have a provisional license) I got stopped by the police and I have now been charged with driving without insurance and without a license. That incident prompted me to take my test, I passed the theory just before Christmas and the practical on 31st January 2017. I am now so worried that the stupid error I made last September before having the understanding I have now is going to mean I loose my license. I still haven't returned the court bundle. Do offences commited before having a full license still count in terms of points after passing your test??????? I gladly accept your thoughts.
T - 28-Mar-17 @ 8:48 PM
Lower10 - Your Question:
Passed my bike test 2015 and then passed my car test end 2016 do I have 6 or 12 points ???

Our Response:
Sorry we're not sure what your question is? Points are given out when you commit a motor offence?
NoPenaltyPoints - 16-Feb-17 @ 12:15 PM
Passed my bike test 2015 and then passed my car test end 2016 do I have 6 or 12 points ???
Lower10 - 15-Feb-17 @ 6:35 PM
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