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6 Points In First 2 Years: Here’s What To Do
Passing your driving test is likely to be one of the most exciting days of your life. It opens up endless doors to freedom, as well as making your life far more convenient. However, if you manage to rack up 6 points in the first 2 years, that new-found freedom will quickly be crushed.
In this article, we’ll explain what happens if you get six penalty points on your driving license in the first two years, and what you should do next.
If a new driver receives six penalty points on their license within the first two years of passing their driving test, their license will automatically be revoked. This isn’t just inconvenient, but also costly, as the driver will need to pay for a new provisional license, as well as retaking their theory and practical tests.
Continue reading to find out more about what happens if you receive six penalty points in your first two years of driving.
When you commit a motoring offence, a few different things may happen. You may be given a Fixed Penalty Notice, invited to take a speed awareness course, receive penalty points on your driving license or be disqualified from driving.
Penalty points are endorsements which are issued to you for driving offences. They will remain on your driving license for between four and eleven years, depending on the severity of the offence. If you build up 6 penalty points on your driving licence within the first 2 years of passing your driving practical test the DVLA will revoke your driving licence. This means that before driving unsupervised again you would need to re-apply for a provisional driving and to pass your theory and practical tests again.
Most types of motoring offence could lead to penalty points being endorsed. These include:
The DVLA website provides a full list of motoring offences, along with the penalty point endorsement that each offence carries.
If you receive a Fixed Penalty Notice (FPN) or Notice of Intended Prosecution (NIP) and are endorsed with penalty points, you don’t have to accept it. If you believe that you have been wrongly accused of a motoring offence, you can dispute it. However, it’s worth nothing that if you dispute is unsuccessful, you could end up with a higher fine and potentially even a criminal record.
Before deciding whether to appeal penalty points, it’s worth consulting with a specialist motoring offences solicitor. They can advise you of your chances of successfully disputing the penalty points based on your individual circumstances.
If you do decide to appeal the penalty points, you’re likely to need to go to Court. The case with usually be heard in a Magistrate’s Court, where the judge will look at all available evidence before making a decision.
A solicitor who specialises in motoring offences will be able to work with you to put together a strong case, giving you the best possible chance of success in appealing your penalty points.
The 1995 Road Traffic (New Drivers) Act gives new drivers a probationary period of two years. This means that for the first two years after passing your driving test, you remain under probation and subject to stricter rules.
Under this act, any driver who receive six or more penalty points on their driving license within two years of passing their driving test will have their license revoked. This also includes penalty points which were endorsed before the driver passed their test.
This means that new drivers are given one chance of accepting a Fixed Penalty Notice and three points on their license. If they receive a second Fixed Penalty, their license is revoked. Alternatively, if a new driver commits a more serious motoring offence which results in six or more penalty points being endorsed, their license will be automatically revoked.
Statistics show that newly qualified drivers, especially those who are young, have a higher risk of being in an accident than more experienced drivers. In fact, around one in five newly qualified drivers will have an accident in their first year of driving.
The New Drivers Act was brought in to try and reduce the number of accidents and road deaths by encouraging new drivers to drive safely. They have done this by introducing a probation period for new drivers. If a driver increases their risks by committing motoring offences such as speeding or using their phone at the wheel, they risk losing their license.
As soon as you reach six penalty points within two years of passing your driving test, your driving license is immediately revoked. This will remain the case until you apply for a new driving license.
When you apply for a new driving license, you will receive a provisional license. You will need to retake both the theory test and practical driving test again before you can regain your full driving license. This means that you’ll be unable to drive unsupervised until you’ve regained your license.
When you successfully pass both your theory and practical tests, you’ll be reissued with a full driving license. However, the penalty points will remain on your driving license for three years from the date of the offence.
After retaking your test, you’re no longer subject to the New Drivers Act. This means that your license will not be revoked again due to the six penalty points that you have already received. However, if you reach twelve points within a three-year period, you will be disqualified from driving for six months.
If your driving license is revoked, you will need to pass your driving test again before you can regain your license. As soon as you reach six penalty points, the DVLA will write to you to inform you that your driving license has been revoked and you are no longer allowed to drive a car. At this point, you revert to learner status.
At this point, you will need to apply for a new provisional driving license. You can do this immediately after receiving the notification that your license has been revoked. You can then book your theory and practical driving tests as soon as your provisional license has arrived, if you choose.
Unless you have received a driving ban, there is no limit on how soon you can retake your driving test after your license has been revoked.
Sometimes when a driver is disqualified from driving, the court orders that they must take an extended practical driving test to regain their driving license. However, this does not apply to drivers who have their driving license revoked as a result of the ‘6 points in first 2 years’ rule
If your driving license is revoked after receiving six penalty points in your first two years of driving, you’ll need to retake both your theory and practical driving tests. However, you won’t need to take the extended practical driving test unless you have been ordered to do so by a court.
If you receive notification that your driving license has been revoked, do not continue driving. If you ignore a revocation and continue driving without a valid license, you would commit a further offence of “Driving Otherwise than in Accordance with a Licence” which would attract further penalty points and even disqualfication.
A learner driver must abide by the same rules as a qualified driver, and they are held to the same standards. This means that learner drivers can receive penalty points on a provisional license if they commit a motoring offence.
Penalty points are added to a provisional license and if they are still valid, they will be transferred to your full driving license when you pass your driving test. These points will then count towards your ‘6 points in 2 years’ probationary period.
The best way to avoid receiving penalty points on your driving license is to abide by UK traffic laws. This means sticking to the prescribed speed limit at all times, avoiding using your phone whilst driving, ensuring due care and attention whilst behind the wheel and not driving after drinking alcohol.
If you don’t feel confident driving safely after passing your driving test, you could consider taking a Pass Plus driving course to build your confidence in driving in different situations and conditions. This may also help to reduce the cost of your car insurance premiums.
If you’re caught committing a motoring offence, the only way that you can avoid receiving penalty points on your driving license is if you are offered a course such as a speed awareness course. However, eligibility for a speed awareness course will depend on the severity of the offence and whether you’ve already taken a course in the past three years.
If you receive a Fixed Penalty Notice or a court summons for a motoring offence that you didn’t commit, you can dispute the endorsement to avoid receiving penalty points on your driving license. There are numerous defences for motoring offences and a specialist motoring offences solicitor can assist you in building a strong defence case.
If you’re thinking about disputing a Fixed Penalty Notice, you should always consult a specialist motoring offences solicitor for advice. They can advise you on your chances of successfully disputing the Fixed Penalty Notice based on your individual circumstances and help you to find the best way forward with your case.
If you do find yourself prosecuted for an offence which will see you reach 6 penalty points within the first 2 years of holding a full driving licence, the revocation of your driving licence can sometimes be avoided by avoiding the endorsement of the penalty points.
The ways of doing this are:
If you want to discuss avoiding your driving licence being revoked, please contact us and one of our specialist motoring solicitors can give you honest advice on the prospects of achieving this.
Having penalty points on your driving license will often cause your car insurance premiums to increase. In fact, statistics show that motorists who have received six penalty points in the past two years typically see their car insurance premiums increase by over 24%.
The amount by which penalty points increase your car insurance premiums will depend on the type of motoring offence that you committed, the number of points that you have on your license and how long ago the points were received.
A common misconception of the New Drivers Act is that penalty points are doubled in the first two years of driving. This is a myth. The number of penalty points that you receive will depend on the type and severity of motoring offence that you commit, not the length of time that you’ve been driving.
However, as a new driver, you are under a probationary period for the first two years. During this time, you will automatically have your driving license revoked if you receive six penalty points on your driving license. This means that it is easier for a new driver to lose their driving license than a more experienced driver.
If you’ve received six points on your driving license within two years of passing your test, your driving license will automatically be revoked. This means that you’ll need to reapply for a provisional license and then retake your theory and practical driving tests.
If you receive a Fixed Penalty Notice in error, you have the chance to appeal the endorsement. If you accept the penalty points, you cannot appeal retrospectively so you’ll need to appeal as soon as you receive the Fixed Penalty Notice.
The best thing to do if you receive a Fixed Penalty Notice in error is to contact a specialist motoring offences solicitor as soon as possible. If you wish to challenge the accusation, we can work with you to build a successful defence using our expert knowledge of UK traffic law and vast experience.
If you’re looking for expert legal advice for alleged motoring offence, contact us today for a free consultation.
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