http://www.motorlawanswers.co.uk Frequently Asked Questions on all aspects of Motor Offences and the Law. Wed, 23 Jul 2008 14:29:00 +0000 http://backend.userland.com/rss092 en I have been banned from driving in the UK, but my job is taking me into Europe am I am taking a driving test in my new country of residence. If I return home to visit during the term of my UK ban, will I be able to drive on my ... http://www.motorlawanswers.co.uk/banned-from-driving-in-the-uk-can-i-use-my-european-licence/ I was caught speeding by the Police and stopped at the time of the offence. Do the Police have to show me video evidence at the scene? If this is a requirement and was not carried out, can I overturn the prosecution? Although the ACPO Guidelines indicate that the Police should ... http://www.motorlawanswers.co.uk/police-show-video-evidence-scene-caught-speeding/ I was having a driving lesson with my boyfriend the week before my driving test. He has held a licence for over 3 years and has fully comprehensive insurance. The Police pulled us over for a routine check and asked me if I had a licence. I told them no ... http://www.motorlawanswers.co.uk/driving-lesson-driving-test-no-insurance-ban/ I have a provisional driving licence and whilst being supervised, I drove through a red traffic light. The car is registered under the supervisor's name and we were complying with "driving with provisional licence" regulations.  Who gets the penalty? Even though you are a provisional licence holder, you are expected to exercise ... http://www.motorlawanswers.co.uk/supervised-learner-driver-red-traffic-light-who-gets-penalty/ I recieved a Notice of Intended Prosecution in respect of my company car 14 days after the offence. As I've received the NIP outside the mandatory 14 day notification period, do I have to supply details of the driver? There is a great deal of confusion about time limits for ... http://www.motorlawanswers.co.uk/recieved-notice-intended-prosecution-nip-14-days-offence-company-car-supply-details/ 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 driving licence. Subsequently passing further tests and ... http://www.motorlawanswers.co.uk/subject-new-drivers-act-pass-motorbike-test/ I was stopped by the police on the motorway for speeding over 100 mph. I was given a producer and told I would receive a Court Summons in due course but it has now been over 2 months since the incident and I've not heard anything. Should I chase the ... http://www.motorlawanswers.co.uk/speeding-motorway-police-how-long-issue-court-summons/ I have received two Fixed Penalty Notices within days of each other.  Will I be able to accept the two conditional offers, send and receive my driving licence back in time to meet the time limits? You have 28 days in which to accept conditional offers. If they have been issued by the ... http://www.motorlawanswers.co.uk/two-fixed-penalty-notices-within-days-comply-time-limits/ I face a totting up ban and I have been given the option of pleading guilty by post so the case can be heard in my absence. I would prefer this option, especially as I'm likely to be banned and therefore do not want the expense of taking time off work, ... http://www.motorlawanswers.co.uk/totting-up-ban-plead-guilty-post/ I have received a Notice of Intended Prosecution for crossing a red traffic light. The NIP states that the time into red was only 1 second. The amber light was previously on for 2.9 seconds. Legally does the NIP apply if the red light was only illuminated for a second? ... http://www.motorlawanswers.co.uk/traffic-light-offence-red-light-illuminated-only-1-second-worth-appealing/ I have just received a Court Summons, which means I face reaching 12 points for the second time in 2 years. Can I plead exceptional hardship again in order to retain my licence?  Do I now face a 12 month ban or is it still 6 months? There is nothing to ... http://www.motorlawanswers.co.uk/totting-up-ban-exceptional-hardship-12-points-second-time/ I was caught driving without insurance. I was unaware at the time that my bank had cancelled my direct debit because there was not enough money in my account. The insurers did not contact me, nor did the bank. If I had known that the Policy was cancelled, I would ... http://www.motorlawanswers.co.uk/driving-without-insurance-direct-debit-cancelled-special-reasons-defence-court/ I have been driving less than 2 years and face a drink driving offence. Will I have to retake my driving test if I am banned from driving? Yes. you are subject to the Road Traffic (New Drivers) Act 1995, which means that for the first 2 years after passing your driving ... http://www.motorlawanswers.co.uk/drink-driving-less-2-years-retake-test-revoked-licence/ I have served my disqualification period but the DVLA have not yet returned my driving licence. Is it safe to drive now? Although your suspension may be completed, you are required to be in possession of a driving licence, so strictly speaking you should obtain same before you commence driving again. ... http://www.motorlawanswers.co.uk/dvla-not-returned-driving-licence-disqualification-period-safe-drive/ I have received a Summons for failing to identify driver, but the photo does not show/prove who was driving. Do I have a defence? There is no obligation for photographic evidence to show who was driving. The purpose of the photograph is to identify the vehicle so it would normally focus ... http://www.motorlawanswers.co.uk/failing-identify-driver-summons-photograph-defence/ Totting Up: Will a delaying tactic prevent a driving ban?  I currently have 9 penalty points on my driving licence and I've just received a Fixed Penalty Notice which will bring me to 12 penalty points. If I contest or appeal the Fixed Penalty, by the time the matter goes to Court, ... http://www.motorlawanswers.co.uk/totting-up-delaying-tactic-prevent-driving-ban/ I was stopped by the Police who have accused me of using a mobile phone whilst driving. However I was not using the phone, I simply picked the phone up and moved it. It is therefore my word against the Police Officer's. However, if I can produce a bill to ... http://www.motorlawanswers.co.uk/my-word-against-police-officer-using-mobile-phone-whilst-driving/ I have been disqualified from driving, however can I still supervise a learner/sit next to them whilst they practice? No. In order to supervise a provisional driver, you must have held a full licence for at least 3 years, the licence must remain valid, and you must be at least 21 ... http://www.motorlawanswers.co.uk/disqualified-driving-supervise-learner-provisional-driver/ I have been caught drink driving and unfortunately it is my second offence. What is the likely penalty / punishment the Court can impose? If the previous offence occurred within the last 10 years, the minimum punishment that the Court will impose is a 3 year driving ban. This can be extended ... http://www.motorlawanswers.co.uk/second-drink-driving-offence-penalty-punishment/ 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 ... http://www.motorlawanswers.co.uk/new-drivers-act-prevent-revocation-driving-licence-work-job/