New Drivers Act / Revocation of Driving Licence

The Road Traffic (New Drivers) Act 1995 applies to every motorist who passed their first
full test after 1 June 1997.

The main effect of the Act is to impose a probationary period for the first 2 years after the test
is passed. During this time, a new driver will be subject to immediate revocation of their
licence, should they reach 6 or more penalty points. This is an automatic process which is
triggered should any offence be committed in the first 2 years lead to a total of 6 points being
endorsed on the licence. In theory, a new driver would therefore be given one chance by way
of a Fixed Penalty but if two Fixed Penalties were accepted, or a more serious offence resulted
in 6 points, the licence would be revoked.

It is important to note that points carried over from a provisional driving licence are still taken
into account so any driver who transfers points from a provisional to a full licence would be
revoked if any further offence were committed.

Likewise, it is the date of the offence that is relevant, not the date of conviction. Revocation
will still take place even if the two year probation period has elapsed before points are then
imposed for an offence that occurred within the first 24 months.

I am a new driver. What happens if my driving licence is revoked?

Revocation of a driving licence has an immediate effect once 6 points are reached. The licence
remains revoked indefinitely and will not be reinstated until an application is made. Upon
application, a provisional licence will be reissued (endorsed with the points) and the driver will
be subject to the terms of a provisional licence. If and when both the theory and practical
driving tests are passed, a full licence will be reissued but the points will remain valid until
their third anniversary.

Can the DVLA revoke my licence without prior warning or a Court attendance?
Yes. The process is automatic and neither the Police, the DVLA or the Court have any
discretion. If you accept a Fixed Penalty Notice which results in 6 points being reached within
your first 2 years of driving, your licence will be revoked without any prior warning or a Court
appearance.

Do the DVLA, the Police or the Courts have to warn me that my licence could be
revoked?
There is no obligation on the part of the authorities to warn you of the process or the fact that
you face revocation. It is assumed that you will be familiar with the Road Traffic (New Drivers)
Act 1995.

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Is there any way I can avoid revocation of my driving licence?
Yes. Whilst revocation is automatic if you reach 6 points, if you can prevent points being
endorsed, you can avoid revocation. Consequently, for some offences it may be more practical
to obtain a short period of disqualification by way of a punishment instead of penalty points.
Although to achieve this, you will have to attend Court, if you can convince the Court to
impose a punishment that avoids penalty points, you will avoid revocation.

It is important to understand that whilst the Court has no discretion on whether revocation is
imposed should you reach 6 points, it does have discretion on the punishment imposed and
therefore, avoiding points will avoid revocation. This will require technical knowledge of the law
so you should seek legal advice if you chose to go to Court.

My licence has been revoked. Can I appeal?

There is no appeal process via the DVLA so if you have accepted fixed penalties, you have little
option but to apply to retake a driving test. If revocation has followed a Court hearing, you can
appeal that decision to a higher Court. You have 21 days in which to lodge an appeal and the
revocation will be suspended pending the outcome of the appeal hearing, as long as you lodge
a copy of the appeal with the DVLA.

I have received 6 points but I've not been told that my licence has been revoked. Can
I continue driving?
In the normal course of events the DVLA would write to you giving you 5 days notice of
revocation. If you have not received such a letter, it is quite feasible that it has simply got lost
in the post and revocation has been imposed without your knowledge. You should check with
the DVLA to establish the status of your licence. If it has been revoked and you continue to
drive, you not only commit the offence of driving otherwise than in accordance with your
licence, but this would also invalidate your insurance which would lead to a further
prosecution.

My licence was revoked so I have retaken and passed the driving test. Are my
penalty points removed from my licence?
No. The points remain valid for 3 years from the date of conviction but you are not subject to
any further probationary period or terms as a new driver. If you reach 12 points within any 3
year period, you would be subject to a totting up disqualification, as would any other driver.

Does it follow that the New Drivers Act only applies once?
Yes. If your licence is revoked and you then re-pass your test, you will not be subject to the
New Drivers Act from that point onwards.

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I am a new driver. If I receive an instant driving ban do I have to re–sit the driving
test?
No. You would not normally have to re–sit your test unless this was a specific term of the
penalty imposed by the Court. In the normal course of events, you would simply serve the
disqualification period and your licence would then be reinstated. For a ban in excess of 56
days, you would have to formally apply for your licence to be reinstated but this does not
require you to take any further test.

I already have 6 penalty points on my provisional licence. Can I actually take a

driving test and if I pass, will my licence be revoked immediately the full licence is
issued?
Although the points on your provisional licence will remain valid until they expire on their third
anniversary and thus would be transferred to your full licence, they would not prevent you
from taking your driving test. If you pass, a full licence will be issued with the existing
endorsements detailed. Whilst they remain valid, any further offence within your probation
period would result in revocation if it is punished by penalty points.

Can my provisional licence be revoked?

No. The New Drivers Act only applies to full, not provisional licences.

I passed my car test many years ago but I have now passed a bike test, am I subject
to the New Drivers Act?
No. The Act only applies to the first full test that you pass. By adding a further category to
your licence, you do not start afresh as far as the New Drivers Act is concerned.

I have swapped my foreign licence for a UK licence. Am I subject to the provisions of

New Drivers Act?
No. The Act is only triggered when you pass a full UK driving test. If a licence has been
granted without you having to pass a driving test, the New Drivers Act does not apply.

I hold a foreign car licence. I swapped it for a UK car licence. I now want to take a
UK bike test. How does this affect things?
As this is the first full UK test you have ever taken, if you pass, you will be subject to the New
Drivers Act. This means that if you then reach 6 points in the next 2 years, whether it be in the
car or on a bike, your UK licence will be revoked.

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All logos and graphics are either registered trademarks or trademarks of Motor Lawyers Limited.

www.motorlawyers.co.uk | Free & Fixed Fee Legal Advice | www.drivingban.co.uk