Motor Law Answers

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 and that I was having a lesson before my test. The Police took my details and said I would probably be banned as I had no insurance.  I have never been in trouble with police and didn’t know that I could have my licence taken away. What is the likely penalty?

No insurance is normally between 6-8 penalty points, although it does carry a potential instant driving ban. However, if you pass your driving test before this matter is resolved, your licence will immediately be revoked, which is automatic under the terms of the New Drivers Act if you reach 6 or more points within the first 2 years of holding a full licence.

In the circumstances, you are better off retaining a provisional licence until the case is concluded as a provisional licence would not be revoked. If you have passed your test, you may consider that a short ban may be a better option. This would avoid penalty points and as long as the ban is less than 56 days, it would also avoid revocation.

Incidentally, your boyfriend is fortunate to not have been prosecuted for allowing you to use the vehicle without insurance.

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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 the same standard of driving as that of a full licence holder. Consequently, you will be convicted of this offence. In theory, the supervising driver could also be found guilty of an offence (failing to supervise) but if he can show that he was actively attempting to prevent the error, any allegation against him should be dismissed.

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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 years of age, unless you are a member of the armed forces acting in the course of your duties. The 3 year requirement does not apply to the supervision of large goods or passenger carrying vehicle provided the other requirements are met.

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