New Driver Rules

Are you looking for the best Road Traffic Solicitors to advise you on the law as it applies to New Drivers?

When it comes to protecting your driving licence, we understand the potentially devastating impact of a road traffic charge on the reputation, livelihood and liberty of those we represent.

So if you’re facing what for you is the legal minefield of understanding the New Drivers legislation, tip the scales in your favour - Get in touch now.

What is the law on New Drivers?

The Road Traffic (New Drivers) Act 1995

All new drivers (i.e. persons who pass a full driving test for the first time) are subject to a probationary period of 2 years from the date that they pass that driving test. In particular, if a new driver accumulates 6 or more points within 2 years of having passed their test, their licence will be revoked.

Given that penalty points are valid for a period of three years, any live points endorsed on a provisional licence will carry over onto the full licence and, for as long as they remain live, will be counted along with any new penalty points imposed, if and when it comes to deciding whether a New Driver’s licence should be revoked. In other words, if a new driver receives, say, 3 penalty points within his 2 year probationary period, then, in deciding whether revocation under the New Driver rules should apply, the law will also count any live penalty points received whilst the person was a provisional licence holder along with the new penalty points during the two year probationary period. On that basis, 3 penalty points received as a new driver on top of 3 - still live - penalty points as a provisional licence holder will result in revocation of licence.

In terms of deciding on whether any new penalty points might trigger revocation, the relevant date is the date of the offence, not what inevitably will be the later date on which the licence is endorsed for that offence. In other words, if an offence is committed during the two year probationary period, but the penalty points for that offence are not endorsed on the licence until after the probationary period, those penalty points will still be counted in deciding whether the new driver’s licence has reached 6 penalty points and must, therefore, be revoked.

Given, therefore, the technical and legal issues arising from New Drivers rules, it makes sense to protect your licence by obtaining early expert advice as to what can be done in your case.

How can we help?

You can count on our award-winning team to identify the right questions, provide the right answers and deliver the best solutions.

Here are just some examples of how we can provide you with our expert guidance:

• I am a New Driver who now has 6 penalty points – can anything be done to prevent my licence being revoked, for example, putting forward my personal circumstances? If your licence has now been endorsed with 6 penalty points, then revocation is mandatory – there is no discretion on the part of the authorities.

• I have been charged with an offence which would take me to 6 penalty points. Is there any way to avoid revocation my licence under the New Drivers rules? The only way to potentially prevent a revocation is to contest the case that risks bringing the New Drivers rules into play. If, therefore, you believe that you may have good reason to decline a Fixed Penalty offer or to contest the charge at court, then contact us for expert guidance on all of your options.

• I am a New Driver who has accumulated 6 penalty points on my licence – what happens now? Your licence will now be revoked and you now revert back to the status of a learner driver. The revocation is done by way of an administrative process handled by DVLA, rather than by way of an order of the court. In particular, once DVLA receive notification that 6 or more points have been endorsed on a new licence, DVLA will write to the new driver to give formal notice of revocation. Accordingly, there may be some gap in time between the date of the penalty point endorsement and the notification which then brings the revocation into force.   

• I am a New Driver facing a charge of speeding – could my licence be revoked? Given that speeding can attract 3 to 6 penalty points, then there is the potential for your licence to be revoked. We can guide you on what can and should be done to minimise the penalty points imposed in your case.

• I am a New Driver facing a charge of driving without insurance – could my licence be revoked? Given that the minimum endorsement for an insurance offence is 6 penalty points, yes, an insurance offence will result in automatic revocation of your licence.

• My licence has been revoked under the New Driver rules – when can I re-apply for my licence? There is no time limit. You can re-apply for a driving test (theory and practical) and full licence immediately.

What are the costs?

Firstly, given the importance of you finding exactly the right lawyer to protect your driving licence, we have the confidence to provide every client with a first, diagnostic consultation, free of charge.

Thereafter, depending upon your financial position and the nature of your case, it may be possible for us to represent you under the Scottish Legal Aid scheme. If, however, Legal Aid is not available or appropriate in your case, whilst any fee chargeable thereafter will depend upon the complexity of your case, we are always happy to provide you with the certainty of a fee agreed in advance, and, if you prefer, usually the reassurance of a fixed fee arrangement, rather than fees based upon each item of work.

Equally, if you have a motor insurance policy or house insurance policy which provides you with cover for the legal costs of defending a motoring prosecution in Scotland, we would always be content to discuss acting for you on this basis. If you are in any doubt as to the terms of cover under any such insurance policy, again, we would be happy to examine the terms of any such policy at your first free consultation.

To tip the scales in your favour, get in touch now.

So, once again, why choose Adams Whyte Road Traffic Solicitors to defend you?

Here are just 5 reasons:

• We are already the trusted choice of thousands of clients who over the years have relied on the expertise of our motoring law solicitors to deliver for them the best possible result in road traffic cases right across the country.
• For the countless clients who, year after year, choose us to protect their driving licence, we have an impressively high rate of success and satisfaction.
• Those who recommend or instruct us include individuals from fields as varied as law and policing, to medicine and banking, to sport and entertainment.
• In fighting to keep you on the road, our specialist solicitors provide the highest standards of technical knowledge, forensic analysis, and courtroom advocacy, for example in exposing and arguing against any technical or legal flaws in the case against you.
• Given the importance of you finding the right lawyer to protect your driving licence, we have the confidence to provide every client with a first, diagnostic consultation, free of charge.

To give yourself the best chance of the best outcome, get in touch now.