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 licence in the first two years, and what you should do next.

What Happens If A New Driver Gets 6 Penalty Points?

If a new driver receives six penalty points on their licence within the first two years of passing their driving test, their licence will automatically be revoked. This isn’t just inconvenient, but also costly, as the driver will need to pay for a new provisional licence, 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.

Learn more about hiring a solicitor for a motoring offence

What Are Penalty Points?

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 licence or be disqualified from driving.

Penalty points are endorsements which are issued to you for driving offences. They will remain on your driving licence 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 licence and to pass your theory and practical tests again.

How Do You Get Penalty Points?

Most types of motoring offence could lead to penalty points being endorsed. These include:

• Driving whilst disqualified
• Careless driving
• Drink driving
• Speeding
• Driving without the correct insurance
• Driving without the correct driving licence
• Failing to stop after an accident

The DVLA website provides a full list of motoring offences, along with the penalty point endorsement that each offence carries.

Can You Appeal Penalty Points?

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 noting that if your 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 will 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.

Contact Caddick Davies today for expert legal advice on motoring offences

What Is The New Drivers Act?

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 receives six or more penalty points on their driving licence within two years of passing their driving test will have their licence 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 licence. If they receive a second Fixed Penalty, their licence is revoked. Alternatively, if a new driver commits a more serious motoring offence which results in six or more penalty points being endorsed, their licence will be automatically revoked.

Why Are New Drivers Treated Differently?

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 licence.

What Does A Revoked Licence Mean?

As soon as you reach six penalty points within two years of passing your driving test, your driving licence is immediately revoked. This will remain the case until you apply for a new driving licence.

When you apply for a new driving licence, you will receive a provisional licence. You will need to retake both the theory test and practical driving test again before you can regain your full driving licence. This means that you’ll be unable to drive unsupervised until you’ve regained your licence.

When you successfully pass both your theory and practical tests, you’ll be reissued with a full driving licence. However, the penalty points will remain on your driving licence 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 licence 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.

Discover how a specialist motoring offence solicitor could help you

How Soon Can You Retake Your Driving Test After A Revoked Licence?

If your driving licence is revoked, you will need to pass your driving test again before you can regain your licence. As soon as you reach six penalty points, the DVLA will write to you to inform you that your driving licence 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 licence. You can do this immediately after receiving the notification that your licence has been revoked. You can then book your theory and practical driving tests as soon as your provisional licence 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 licence has been revoked.

Do You Need To Take An Extended Driving Test After Revocation?

Sometimes when a driver is disqualified from driving, the court orders that they must take an extended practical driving test to regain their driving licence. However, this does not apply to drivers who have their driving licence revoked as a result of the ‘6 points in first 2 years’ rule

If your driving licence 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.

What Happens If You Keep Driving After Your Licence Has Been Revoked?

If you receive notification that your driving licence has been revoked, do not continue driving. If you ignore a revocation and continue driving without a valid licence, you would commit a further offence of “Driving Otherwise than in Accordance with a Licence” which would attract further penalty points and even disqualification.

Can You Get Points On A Provisional Licence?

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 licence if they commit a motoring offence.

Penalty points are added to a provisional licence and if they are still valid, they will be transferred to your full driving licence when you pass your driving test. These points will then count towards your ‘6 points in 2 years’ probationary period.

Contact us today for expert legal advice on motoring offences

How To Avoid Getting Points On Your Licence

The best way to avoid receiving penalty points on your driving licence 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 licence 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.

What To Do If You Receive Penalty Points In Error

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 licence. 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.

Discover how a specialist motoring offence solicitor could help you

How To Avoid New Driver Revocation

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:

• Persuading the police to allow you to attend on a course in the alternative (e.g. Speed Awareness and Driver Improvement Course)
• Defending the charge against you (e.g. you were not speeding or using a mobile phone)
• Persuading a court to give you a short period of disqualification from driving instead of penalty points. If the court imposes a short disqualification, even for 7 days, this does not cause your driving licence to be revoked

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.

Related Questions

Does 6 Points Affect Car Insurance?

Having penalty points on your driving licence 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 licence and how long ago the points were received.

Are Points Doubled During The First 2 Years Of Driving?

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 licence revoked if you receive six penalty points on your driving licence. This means that it is easier for a new driver to lose their driving licence than a more experienced driver.

Get Advice From A Specialist Motoring Offences Solicitor

If you’ve received six points on your driving licence within two years of passing your test, your driving licence will automatically be revoked. This means that you’ll need to reapply for a provisional licence 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.

Call Caddick Davies today for expert legal advice on motoring offences

• 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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