6 Points In The First 2 Years of Driving: Understanding the New Drivers Act

New drivers in the first two years of driving face stricter penalties under the Road Traffic (New Drivers) Act 1995 than more experienced drivers. If new drivers accumulate 6 or more penalty points during this “probationary period,” their licence will be revoked, requiring them to retake both practical and theory tests and apply for a new provisional licence.

Read on for further insight on how new drivers can accumulate points, how to avoid being disqualified from driving and having your licence revoked, and what to do if revocation occurs within 2 years of passing.

Navigating Legal Challenges For New Drivers 

At Caddick Davies Solicitors, we recognise the impact that any motoring offence can have on new drivers as you pass your driving test. If you are facing penalty points that will take you over six points or more or have reached the point where your licence is revoked within two years of passing, our expert team is here to guide you.

We can help you navigate the legal process, examine all possible defences, and identify mitigating circumstances that could potentially lessen the penalties that you face.

For a free consultation, contact us at 0151 944 4967.

Accumulation Of Points: The New Drivers Act 1995

The Road Traffic (New Drivers) Act 1995 stipulates that a new driver within their probationary period must have their licence revoked if they accumulate 6 points. A driver will trigger this requirement if, at the time of the offence which takes them to 6 or more points, they were within their probationary period. Unfortunately, this means that being sentenced after your 2 years are up will not make a difference if the offence occurred within the 2-year period.

How New Drivers Accumulate 6 Points: Common Offences and Penalties

There are many driving offences which can lead to penalty points within 2 years, the most common of these are:

– Speeding

– Using a mobile phone whilst driving

– Careless or inconsiderate driving

– Driving without the correct/any insurance

– Failure to comply with a traffic sign

For further clarity on motoring offences that can lead to penalty points, you may wish to view our other blog posts.

Provisional licence vs. Full licence: Point Accumulation and Transfer

It is important to clarify that you cannot have your provisional licence revoked under the ‘New Drivers Act’. This means that even if you obtain 6 or more points on your provisional licence, the DVLA will not take your licence away.

The legislation stipulates that the probationary period is 2 years from the day on which an individual becomes a qualified driver, or in other words when they pass their practical and theory tests.

Whilst you cannot have your provisional driving licence revoked under the ‘New Drivers Act’ it is important that you remain cautious, as you are still liable to a disqualification under the totting-up provisions should you obtain 12 or more points within a 3-year period.

Are Points Transferred From A Provisional Licence?

Penalty points obtained on your provisional licence will appear on your full licence if you pass your tests before the points expire. Importantly, this means that you could enter your probationary period with points already endorsed on your driving licence. In this circumstance you must be extremely careful to avoid obtaining any further points for the first 2 years, any points which take you to six or more will trigger the ‘New Drivers Act’.

Points Obtained After Re-completing Your Tests

Following a revocation, you are required to re-complete your practical and theory tests. Once you have done this your licence will be returned. If you have re-completed your tests, you will no longer be subject to the ‘New Drivers Act’. Put simply, you are only a new driver once and can therefore only be revoked as a new driver once. You will no longer be at risk of losing your driving licence as a result of gaining 6 points within a 2-year period.

Avoiding Licence Revocation: Strategies for New Drivers with 6 Points

Should you find yourself at risk of a revocation under the New Drivers Act there may be options available to you. The most common ways to avoid a revocation are:

1. Challenging the charge brought against you at trial;
2. Putting forward a special reasons argument;
3. Presenting mitigation to minimise the number of points endorsed; and
4. Obtaining a short-term driving disqualification.

Of course, the approach that can be taken will be dependent on the specific circumstances of each case and the status of your driving licence. It is advisable that you obtain legal advice to ensure that you take the best approach in your case.

Challenging The Charge

As with any criminal charge you have the option to enter a plea of not guilty and take the matter to trial. Challenging a charge brought against you can be a complex process often involving the review of evidence and submission of legal arguments. If you are ultimately found not guilty the court will not impose any penalty points and you would therefore avoid any risk of revocation.

Special Reasons Argument

It is often the case that people are technically guilty of the offence charged but feel as though the circumstances surrounding the offence are such that they should not receive punishment. It is in these circumstances that special reasons arguments can be presented to the court. These arguments, if successful, give the court discretion to either reduce or not impose any penalty for the offence committed.

Any special reasons argument must fulfil the criteria outlined in the case of R v Wickens (1958) in that:

1. It must be a mitigating or extenuating circumstance and;
2. It must not amount to a defence in law and;
3. It must be directly connected with the commission of the offence and;
4. The matter must be one which the Court ought properly to take into consideration when imposing punishment.

Avoiding penalty points by way of a special reasons argument could also help you avoid a revocation under the New Drivers Act within the first 2 years of passing.

There is no set list of arguments which can be used as a special reason, but for further clarity on potential circumstances to consider regarding your driving licence please refer to our article. how a solicitor can help to reduce your motoring offence sentence. 

Opting for a Short-Term Disqualification

A short-term disqualification is when the court bans you from driving for a brief period, usually between 7 to 56 days. While this might sound severe, it can sometimes be a better option than receiving penalty points.

Why Consider a Short-Term Disqualification?

If you’re at risk of losing your licence under the New Drivers Act, a short ban might be preferable because:

1. You won’t need to retake your driving tests.
2. After the ban, you can start driving again immediately (unless an extended retest is required).

When Might the Court Agree to a Short Ban?

Courts have previously imposed short-term disqualifications in these situations:

1. When Driving is Essential to Your Life

– If you need your licence for work, family care, or health reasons.

– A short ban might be less disruptive than losing your licence and waiting to retake tests.

– This argument has been particularly effective due to long wait times for driving tests caused by the COVID-19 pandemic.

2. When the Offence Doesn’t Reflect Poor Driving

– Some offences, like driving without insurance, don’t necessarily mean you’re a bad driver.

– The New Drivers Act aims to improve driving standards through retraining.

– If your driving standard isn’t the issue, you could argue that retraining (and thus licence revocation) isn’t necessary.

Surprisingly, it can be easier to get a short-term ban for more serious offences. If you think this option might apply to your situation, it’s best to seek professional legal advice.

Understanding Mitigating Circumstances to Reduce Points

Many motoring offences can be sentenced by way of penalty points. The number of points imposed often depends on the severity of the offence and any mitigating or aggravating features. Certain offences, such as careless driving, can result in between 3 and 9 points being endorsed. Therefore, it can be extremely beneficial to mitigate the sentence to avoid accumulating 6 or more points.

Types of Mitigation

When presenting mitigation, the two main considerations for the court are ‘offence mitigation’ and ‘personal mitigation’.

Offence Mitigation

Offence mitigation often requires showing why the case in question is one of lower culpability and lesser harm. Examples of offence mitigation include:

• The level of traffic or pedestrians present at the time of the offence
• The road and weather conditions when the offence was committed
• The lack of injury to persons or damage to property
• The purpose of the journey
• Your fitness to drive at the time

Personal Mitigation

Similar to offence mitigation, you can also present personal mitigation to the court. Personal mitigation can range from your driving record to the impact the sentence may have on you and others. When preparing this type of mitigation, consider the following:

• Any previous convictions
• Positive character and/or exemplary conduct
• Remorse
• Impact of sentence on your employment
• Impact of sentence on your finances
• Impact of sentence on your family
• Impact of sentence on any medical condition

The Importance of Effective Mitigation

Mitigation, when effectively used, can reduce the sentence imposed by the court. It can make the difference between having your licence revoked or not. Therefore, presenting strong mitigating factors is crucial when facing potential penalty points.

Already Revoked? Steps to Regain Your Licence After 6 Points

It may be the case that you have already received a revocation of your licence from the DVLA under the New Drivers Act. In this situation, the first step would be to have your case re-opened or to lodge an appeal.

Re-opening the case

You can lodge an application to re-open the case under Section 142 of the Magistrates Court Act 1980 if it is in the interests of justice to do so. This usually occurs in cases where a mistake or error of the court needs to be rectified. An example of this is if you were aware of proceedings but you were convicted or sentenced in your absence and you did not have knowledge of the court hearing that took place. A successful application to re-open would potentially give you the ability to challenge the case or present mitigation to the court. Once your case is re-opened the sentence should be set aside and the revocation removed until the conclusion of the case.

Appealing to the crown court

If you have been convicted or sentenced at the Magistrates Court but you do not agree with the decision made you have an automatic right to appeal your case to the Crown Court. You can appeal a case on the conviction or sentence if your driving licence is at risk. Should you appeal the case on conviction you would have a second opportunity to defend your case at trial, especially if your driving licence is in jeopardy. In the instance that you appeal the sentence then you could present your mitigation (or special reasons argument) to the Crown Court in the hopes that a different decision on sentence is reached. Appeals must be lodged with the court within 21 days of the sentence being imposed.

Getting your licence back after a revocation

Should you not wish to challenge any revocation imposed you would be required to complete your practical and theory tests again. In order to do this, you must first re-apply for your provisional licence. Once you have re-applied for your provisional licence, completed your theory test and completed your practical driving test you will have your full licence returned. You can begin the steps to regain your licence immediately after your sentence.

Concluding Advice For New Drivers Facing Revocation 

The Road Traffic (New Drivers) Act 1995 presents significant challenges for newly qualified drivers. Within the first two years of obtaining a full licence, accumulating 6 or more penalty points leads to automatic licence revocation. This can occur through various offences such as speeding, using a mobile phone while driving, or driving without proper insurance.

There are however strategies available to minimise penalties for new drivers facing this situation. These include challenging the charge in court, presenting special reasons arguments, offering mitigating circumstances to reduce point accumulation, or opting for a short-term disqualification instead of points. Each approach has its merits and challenges, and the best course of action depends on the specific circumstances of each case.

Given the complexities of these cases and the significant consequences of licence revocation, seeking professional legal advice is crucial. Remember, while the New Drivers Act aims to promote safe driving habits, it’s essential for new drivers to be aware of its implications and to drive responsibly to avoid facing these penalties.

Get Professional Legal Assistance for New Driver Points

If you find yourself at risk of a revocation, or worse you have already been revoked, it is best to seek legal advice to discuss the options available to you. The approach depends heavily on the specific circumstances of each case and expert advice can be pivotal in the decision you make.

At Caddick Davies Solicitors, we have a team of specialist motor defence lawyers who are experts in preparing cases, defending charges, and presenting mitigation in court in order to avoid or reduce the sentence imposed. We understand the complexities of these cases and have a proven track record of successfully assisting clients in these cases.

We begin every enquiry with an informal discussion to gain a thorough understanding of your unique circumstances and to address any questions you may have in complete confidence.

If you believe that you have a defence or mitigating circumstances that should be considered in your case, please do not hesitate to contact our office for a free consultation at 0151 944 4967.

• About
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Neil Davies

Motoring Lawyer at Caddick Davies Solicitors

Caddick Davies is recognised as one of England and Wales’ leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or “totting up” (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence.

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