New Drivers Act

What is the New Drivers Act?

The New Drivers Act 1995 is a law which applies to anyone who passed their practical driving test after the 1st of June 1997.

During the first two years after passing their driving test, a new driver is placed on a probation throughout which time they cannot accumulate 6 or more penalty points upon their licence. If they receive 6 or more penalty points that the New Drivers Act suggest then they can – by law – have their licence revoked.

Revoking Your Drivers Licence

If you are a new driver and you get 6 or more penalty points then your licence is automatically revoked. You should be aware that this happens without you actually having to make a court appearance. This disqualification is automatic and as such requires you to retake all of the necessary parts of the driving test again – including both theory and Hazard perception tests.

You will not be allowed to drive alone and you will be returned to provisional licence status until such times as you retake your practical driving test. During this time any breach of the New Drivers Act (1995) i.e. driving without a suitably qualified or licensed driver, will be deemed instantly as a further breaking of the law and may constitute a custodial sentence

My Licence is Revoked

You should be aware that by law neither the police, the courts or the Driver and Vehicle Licensing Agency (DVLA) are obliged to inform you of the loss of your licence. It is taken as read that you are fully conversant with the New Drivers Act (1995) and are also aware of the nature of the point scoring system.

None of these organisations are – as we have mentioned – obliged to inform you of such a disqualification and once you have been in receipt of a fixed penalty noticed (or ticket) that takes you beyond the allowed 6 points your ban automatically comes into effect. Driving beyond this point is illegal and subject to further criminal proceedings.

Can I Avoid Having My Licence Revoked?

The only way you can do this is if the magistrate decides that there are sufficient grounds for not revoking your licence. This mainly constitutes a mistake being made by the police or DVLA but this is a rare occurrence. Should it transpire that you do have to attend court it is advisable that you seek legal representation at your earliest possible convenience, giving your solicitor plenty of time to familiarise themselves with your circumstances.

If you do have to attend court – or plead not guilty – then you should be prepared to take your solicitor’s advice.

Retaking the Test

If you are banned and the ban lasts less than 56 days then you can have your licence reinstated. Your licence can be reinstated providing there is no further court intervention. It has been known for the court to ask for the individual to retake their driving test before their licence is returned. If the ban does exceed 56 days then you should assume that you will be returned to provisional licence status and will have to take the driving test and theory tests again.

Any points you have accrued will be added to your reinstated licence and will remain on the licence for a period of three years, after which time they are removed.

Again it is important to note that – just like any other driver – once your licence has been reinstated if you go beyond the legal 12 points you will be banned again, this time with the court having the option to sentence you to a custodial jail term.