What Happens If Your Driving Licence is Seized?

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Q.

What happens if you have your driver's licence seized? Does it mean you can no longer drive?

I was caught for driving whilst on the phone and unfortunately didn't turn up at the police station within 7 days to show my documents.

I have now been in and they took my licence but didn't tell me what that meant or anything. This offence will give me 6 points (I have been driving for 6 years).

Please advise?

(VB, 1 February 2009)

A.

If you are caught committing a driving offence, the police have the power to order you to stop and pull over. You are legally obliged to do so, and it is actually illegal to continue driving after the police have indicated that you should stop your vehicle and pull over. Once you have done so, you will be asked to show certain important documents, which will usually include your driving licence, insurance certificate and Vehicle Registration document. You may also be asked to present your vehicle's valid MOT certificate. If you do not have these documents with you at the time, you will be asked to take them to a police station within seven days. A letter will usually be sent to you confirming the documents that you need to present.

What Happens If I Don't Present The Documents Within Seven Days?

If you do not present the relevant documents at a police station within seven days of being ordered to do so, it can result in your driving licence being revoked. Clocking up six penalty points within the first two years of passing your practical driving test will almost definitely lead to your driving licence being taken away. If this happens, you will need to reapply for a provisional driving licence and retake both your theory test and your practical driving test before you are allowed to continue driving.

What To Do If Your Driving Licence Is Taken Away

If your driving licence has been revoked by the DVLA, they will usually send you a letter which will confirm that you cannot legally drive without getting into severe trouble. The letter will also usually offer the option to appeal the decision to revoke your driving licence, which will involve writing to the DVLA to state your intention. Even if you do intend to appeal, you must still send your driving licence to the DVLA or risk having the police collect it from you on their behalf.

If your driving licence was seized by the police, you can contact the Clerk to the Justices of the court covering the area in which the incident(for which your driving licence has now been taken away) took place. This will not necessarily guarantee that your driving licence will be returned to you.

If your driving licence will not be returned to you, you may have to apply for a new one, paying the fee as you would for a first licence.

Be aware that not having a valid driving licence will often mean that your insurance is you are no longer legally insured. Technically speaking, your car can be then seized under the Road Traffic Act.

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