DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: The Flame Pit
*****************************************************
#Post#: 97022--------------------------------------------------
New Drivers and disqualification/revocation
By: The Slithy Tove Date: November 6, 2025, 4:42 am
---------------------------------------------------------
It has often been mentioned on these forums (and its
predecessor) that when a new driver (less than 2 years on full
licence) gets 6 points or more, that their licence is revoked
and that they need to start all over again. It has also been
stated that this is an administrative process by the DVLA and so
the court doesn't really get a say in what happens.
However, there's a new CyclingMikey video on YouTube
(
HTML https://www.youtube.com/watch?v=oq-EzEdfeHY)
showing that there
seems to be another option. Starting at about the 4:00 mark, he
reports that the errant new driver managed to plead (what he
called exceptional circumstances) to get a 1 month ban for their
mobile phone offence, rather than having those 6 points and
getting their licence revoked.
So it seems it may not necessarily be a slam-dunk revocation in
such cases if you have an appropriate hardship case. Not going
to discuss the rights and wrongs of whether this is appropriate,
but there it is.
#Post#: 97037--------------------------------------------------
Re: New Drivers and disqualification/revocation
By: Southpaw82 Date: November 6, 2025, 6:11 am
---------------------------------------------------------
None of that is new. It’s accepted that a court can impose a ban
instead of six points to sidestep the revocation. However, it is
contrary to the sentencing guidelines (and the will of
Parliament) to do so. The court would need very good reasons to
do it.
#Post#: 97038--------------------------------------------------
Re: New Drivers and disqualification/revocation
By: The Slithy Tove Date: November 6, 2025, 6:27 am
---------------------------------------------------------
[quote author=Southpaw82 link=topic=8671.msg97037#msg97037
date=1762431072]
However, it is contrary to the sentencing guidelines (and the
will of Parliament) to do so.
[/quote]I think that's the real point.
#Post#: 97257--------------------------------------------------
Re: New Drivers and disqualification/revocation
By: NewJudge Date: November 7, 2025, 9:24 am
---------------------------------------------------------
“Mikey” is a little misleading.
He said “She has the option to plead Exceptional Hardship which
would change the revocation of her licence potentially to a
disqualification. The Magistrates gave her a one month
disqualification.”
That is incorrect.
A formal “exceptional hardship” argument is only available to
those facing a totting-up disqualification. Further, even if it
was available and was successful, it does not “change the
revocation to a disqualification.”
As above, a defendant may well ask the court to consider a short
disqualification instead of points. The Magistrates’ guidelines
say this:
“An offender liable for an endorsement which will cause the
licence to be revoked under the new drivers’ provisions may ask
the court to disqualify rather than impose points. This will
avoid the requirement to take a further test. Generally, this
would be inappropriate since it would circumvent the clear
intention of Parliament.”
But the "Adult Bench Book" also contains this:
"The court should consider the impact that ordering six or more
points will have on a new
driver. Ordering less than six points or a disqualification will
not lead to a DVLA revocation of
the driving licence."
Of course a simple way to address the disqualification option
would be to make the New Driver’s Act applicable not only to
drivers who gain six or more points, but also to those who are
disqualified for any length of time. It has always struck me as
perverse that a new driver who commits (say) two minor speeding
offences will see his licence revoked, whereas one committing an
alcohol or drug related driving offence which might attract a
ban of a considerable length does not.
It is true that the court has the power to order a
"disqualification until test passed". But apart from the fact
that many Magistrates seem not to be aware that they have that
power, making it discretionary would not be such a strong
deterrent.
But that’s an argument for another day.
#Post#: 97294--------------------------------------------------
Re: New Drivers and disqualification/revocation
By: andy_foster Date: November 7, 2025, 11:21 am
---------------------------------------------------------
With respect, I believe that you are putting the cart before the
horse.
Nothing in statute says that the court cannot consider
"exceptional" hardship when exercising their discretion in any
sentencing - however, the term is explicitly used in the totting
up legislation as no hardship other than exceptional hardship
may be taken into consideration when exercising their discretion
to deviate from the otherwise mandatory 6 month (minimum) ban
for totting up.
#Post#: 97321--------------------------------------------------
Re: New Drivers and disqualification/revocation
By: NewJudge Date: November 7, 2025, 1:28 pm
---------------------------------------------------------
Yes, point taken Andy.
I did say a formal EH argument and I was using it in its strict
sense when referring to totting up. That has restrictions (only
one argument using he same reasons within three years) which an
argument for a single offence or ND revocation would not.
Although I may be wrong, it strikes me that Mikey was conflating
the two procedures (totting up disqualification and New Drivers'
revocation). I don't believe that he would otherwise have used
the term. He also gave quite misleading information when
explaining the six points/disqualification choice.
#Post#: 97335--------------------------------------------------
Re: New Drivers and disqualification/revocation
By: Southpaw82 Date: November 7, 2025, 2:01 pm
---------------------------------------------------------
A cycling activist giving duff advice on motoring law? Say it
ain’t so!
#Post#: 97398--------------------------------------------------
Re: New Drivers and disqualification/revocation
By: The Slithy Tove Date: November 8, 2025, 6:50 am
---------------------------------------------------------
[quote author=Southpaw82 link=topic=8671.msg97335#msg97335
date=1762545711]
A cycling activist giving duff advice on motoring law? Say it
ain’t so!
[/quote]
Hence why my OP said, "what he called exceptional
circumstances," knowing that it was likely he wasn't using the
correct term that was applied inside the courtroom.
*****************************************************