I have held a full driving licence for a number of years, however I have just passed a motorbike test. Does the New Drivers Act apply to me?
The New Drivers Act applies for the first 2 years following the issue of your first full UK driving licence. Subsequently passing further tests and adding additional categories to your licence does not result in the New Drivers Act applying again. Consequently, having passed your motorbike test, does not restart any probationary period.
Can I prevent automatic revocation of my driving licence under the New Drivers Act?
I have received a letter from the DVLA informing me that my licence has automatically been revoked as I’ve reached 6 penalty points. Is there a way I can avoid revocation of my driving licence as I rely heavily upon my licence for work and cannot afford to lose my job?
Revocation is automatic if you reach 6 points within the first 2 years of holding your full driving licence. If this is as a result of Fixed Penalty Notices, which you have accepted, you have very little further recourse. If the points arise from a Court decision, you can lodge an appeal to a higher Court within 21 days of the conviction and the revocation will be suspended, pending the outcome of that appeal. However, the Court can only alter the punishment so if the outcome is still 6 or more penalty points, the revocation will stand as the Court has no discretion to prevent same.
I have been driving less than 2 years. I went to Court and received 6 points but I was not told by the Court I could not continue to drive. Can I carry on driving until I hear otherwise from the DVLA?
As you are subject to the New Drivers Act, your licence is revoked as soon as you reach 6 penalty points. Although the Court did not spell this out for you, the licence is revoked with immediate effect so you should stop driving. As with all such matters “ignorance of the law” is no defence. Whilst the DVLA will write to confirm the situation, the reality is your licence is no longer valid.
If my driving licence is revoked, how soon can I retake my driving test?
In theory, immediately. Revocation applies only to drivers who reach or exceed 6 points within the first 2 years of obtaining their first full licence and thus are subject to the New Drivers Act. It is not a disqualification, and so you are entitled to apply for a new provisional licence straight away and as soon as you pass the theory and practical tests, your full entitlement will be reinstated. Whilst there is no minimum period that you must wait before applying for a new licence, in practical terms, much depends upon the availability of test dates etc.