Driving On An International Licence – The Do’s And Don’ts

Many drivers from countries outside of the UK use the laws concerning driving on an international licence, in order to be permitted to drive in here without resitting a test. Whilst there are circumstances in which this is allowed, the specific rules surrounding the use of international licences can be complex.

Should you fail to use the licence correctly you may be committing a criminal offence. This article will provide an in-depth outline of the law surrounding the use of international licences.

Furthermore, it can be important to know what your options are should you find yourself charged with an offence when you believe you were legally driving on an international licence. The sentencing guidance, defences and mitigation available will also be covered.

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What Is An International Licence?

In Great Britain, an international licence is classed as any licence which is obtained outside of England, Wales and Scotland. This means that even Irish licences are considered to be international and ultimately form part of ‘EU licences’.

Whilst many different licences obtained in different countries are all considered ‘international’ they are not all alike. Some international licences can be used in Great Britain for longer periods of time than others.

Which Type Of International Licence Can Be Used In Great Britain?

The short answer is that you can drive a car in Great Britain on any international licence, however, the period in which you can do this varies greatly.

The first question of relevance relates to why you are in Great Britain to start with, namely:

• As a resident;
• As a visitor; or
• As a foreign student studying in Great Britain.

When the question as to why you are in Great Britain has been answered you must then consider which country your licence is from. The following table should help to clarify the manner in which your full and valid licence can be used:

For reference, the ‘designated countries or territories’ are: Andorra, Australia, Barbados, British Virgin Islands, Canada, Cayman Islands, Falkland Islands, Faroe Islands, Gibraltar, Hong Kong, Japan, Monaco, New Zealand, Republic of Korea, Republic of North Macedonia, Singapore, South Africa, Switzerland, Taiwan, Ukraine, United Arab Emirates and Zimbabwe.

In order to be certain that you can drive in Great Britain on your licence, you may wish to obtain expert legal advice or alternatively use the online government website to check your eligibility: https://www.gov.uk/driving-nongb-licence

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Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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Ukrainian Licence

 There has been a recent change regarding those who hold Ukrainian licences. The rules surrounding your ability to drive on such a licence in Great Britain varies to those detailed in the above table.

If you are from Ukraine (and have a licence from this country) you can drive for 3 years from when you became a resident if:

• You have a Ukraine Family Scheme visa, Ukraine Sponsorship Scheme visa or Ukraine Extension Scheme visa; or
• You came to the UK on a Ukraine visa scheme and then switched to a different type of visa.

 Exchanging Your Licence

 In some circumstances you may be able to exchange your international licence for a UK licence. If you are able to exchange your licence, this can be a simple solution to avoid any licencing confusion and issues you may encounter driving on an international licence in the UK.

Only residents of Great Britain can exchange their licences. You would usually be considered a resident if you live in the country for 185 days or more in each Calender year.

European Union or European Economic Area Licence

Exchanging your EU licence is generally very easy. You are required to complete a ‘D1 Form’ which can be ordered from the Driver and Vehicle Licensing Agency (DVLA) and pay a fee of £43. You will usually need to send off your current EU licence and you should expect to receive your new UK licence within 3 weeks.

Jersey, Guernsey or Isle of Man Licence

So long as your licence was issued after the 1^st April 1991, and you are a resident of Great Britain, you are able to apply for an exchange of licence using the same ‘D1 Form’ as previously mentioned. The fee is still £43 and you may have to provide certain documents to the DVLA in order to process the new licence.

A Designated Country or Territory Licence

Matters become far more complex when you have a licence from a designated country or territory. You will need to review the specific requirements of each country (and in some instances the territories within the country) to determine what steps you must take. As a standard you must still complete the ‘D1 Form’ and pay the fee if you are eligible to exchange the licence. It is also quite common for the DVLA to require proof of your licence from your domestic government or licensing agency.

Any Other Country Licence

Should you not hold a licence from one of the above-mentioned countries or territories then you will not be able to exchange your licence. You must complete your practical and theory tests in Great Britain in order to obtain this licence.

Not all countries have the same obligations and it can therefore be useful to review the government portal which clarifies your entitlement to exchange a licence:

https://www.gov.uk/exchange-nongb-driving-licence

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Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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What Offence Could I Be Committing?

 If you are caught driving on an international licence outside of the permitted guidance then you are likely to be charged with an offence of driving otherwise than in accordance with a licence. This is a serious offence which can lead to the imposition of 3-6 penalty points and a fine.

For more information regarding this offence please see the following article: Driving other than in accordance with a licence.

In addition to the above, it is common for drivers to also be prosecuted for driving without a valid policy of insurance. This charge can be brought when the insurance is considered ‘void’ owing to the incorrect licence. Failing to hold the correct licence will usually invalidate any policy of insurance you may have purchased. Once again, this is a serious offence for which the penalty can range from 6-8 points to a disqualification of up to 12 months.

For more information regarding this offence and potential defences please see the following article: Defences to Driving without Insurance

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Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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What Defences Are Available?

As with most motoring offences, driving without the proper licence and without insurance are strict liability offences.

This means that the defences available to you are limited.  For the most part you will only be able to defend the charge of driving otherwise than in accordance with a licence if you can show that you did in fact adhere to the rules, regulations and laws surrounding licensing.

In situations where you are driving on an international licence this will usually require you to provide:

• Your date of entry into the country.
• That you hold a valid international licence from your home country.
• That you have complied with any other requirements (such as having your licence translated by an accredited agency).

The offence of driving without insurance is similarly strict. One potential defence could be presented if you can obtain a letter of indemnity from your insurer. Some insurers will be willing to write a letter confirming that you would have been covered by the policy of insurance at the time of the alleged incident. This would usually be done in cases where the error was minor or administrative in nature. A letter of this nature could be presented as a defence.

Mitigation

 Owing to the strict nature of the offences the most practical approach can often be one of mitigation. Mitigation can aid in the reduction of the sentence and in some instances the avoidance of a driving disqualification.

In circumstances where you are charged with both an offence regarding your licence and an offence relating to insurance you may also be able to argue that you be sentenced in totality. Once again this is done to reduce the overall sentence imposed. Totality is the principle that an offender should be sentenced for the overall offending rather than for each offence in its own right. This is particularly relevant when it appears as though one offence triggers the commission of a second.

Finally, there are many circumstances surrounding the commission of the above offences which may be considered ‘special reasons’. Special reasons arguments are a Defendants opportunity to explain why the offence occurred to the court and why they should not be punished as a result of this. Special reasons arguments can be complex and difficult to present, it is therefore advisable to contact a legal professional for advice on whether you may be able to put this argument forward.

You may wish to consider the content of our article on special reasons: Mitigating Circumstances to a Driving Ban.

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Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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What To Remember When Driving In The UK

 There are a couple of factors which should always be considered when driving in the UK:

1. Driving Age: To drive in the UK, you must be at least 17 years old, regardless of your international license status.
2. Insurance: It is mandatory to have insurance when driving in the UK. Make sure your insurance covers you while driving with your international license.
3. Traffic Laws: Familiarise yourself with UK traffic laws, including speed limits, road signs, and driving on the left side of the road.
4. Car Registration: If you plan to own a vehicle in the UK, it must be registered and taxed accordingly.

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Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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Conclusion

Driving on an international licence is common practice in Great Britain. Unfortunately, the rules surrounding this are not widely known or advertised. It is extremely important to familiarise yourself with the DVLA criteria so that you can be sure you are compliant.

If you find yourself falling foul of the requirements it is advised that you contact a legal professional for advice. You could be at risk of penalty points a fine and even a disqualification from driving in Great Britain.

If you are looking for expert legal advice relating to any of the above issues then please contact our office on 0151 944 4967 for a free consultation.

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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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