Driving Ban

[Signaller]

Looking for advice/info please.My ex's son got a 6 month driving ban 4 years ago even though he had no licence.It's his birthday soon, and we were thinking about paying for driving lessons.Am I right/wrong in thinking that the ban starts from when his licence is issued.He doesn't currently hold a licence.

Signaller

[crem]

What age was he when he got the ban?

Did he hold any type of licence at all at the time he got banned?

[buzby]

Did he have any licence before (even a provisional?)

[Signaller]

Hi,

sorry it took so long geting back to you.Was on nights last night.Anyway, the lad was 19 at the time of the offence and he did not have any type of licence at all. Stupid and foolish I know, but I like to think he's certainly changed his ways now. His dad has never bothered since his parents split up and I'm just trying to help the lad out.Thanks for your time.

Regards

Signaller

[crem]

I suspect (although I am not absolutely sure) that as he was of a legal age to hold a licence, then the ban should have been operating irrelevant as to whether he had chosen to apply for it or not.

 

If he had been, say, 15 when he got his ban, then I believe it would have come into effect at age 17 whe he could have applied for a licence. It would be pointless banning someone aged 15 for a year and starting the ban immediately when they can't even hold a licence for another 2 years wouldn't it.

 

Might be worth a phone call to the DVLA to clear this one up.

[2ltr16valve]

I suspect (although I am not absolutely sure) that as he was of a legal age to hold a licence, then the ban should have been operating irrelevant as to whether he had chosen to apply for it or not.

 

If he had been, say, 15 when he got his ban, then I believe it would have come into effect at age 17 whe he could have applied for a licence. It would be pointless banning someone aged 15 for a year and starting the ban immediately when they can't even hold a licence for another 2 years wouldn't it.

 

Might be worth a phone call to the DVLA to clear this one up.

 

 

I think a call to DVLA is best.

 

BUT, I do not agree with above.

 

From having a quick browse of the post, the person had no license to effect a driving ban on.... so I would think would start from date applied for first licence otherwise where is the punishment, if you do not have one you cant lose it can you ?

Also, would think the endorsement period would begin from when license is issued...

 

A provisional license is a license, just not a full license.

 

HTH

[crem]

From having a quick browse of the post, the person had no license to effect a driving ban on.... so I would think would start from date applied for first licence otherwise where is the punishment, if you do not have one you cant lose it can you ?

 

Although he didn't have one, he lost the entitlement to have one, which is a punishment.

 

Having received a one year driving ban, someone may decide not to apply for his licence for that one year at all, as he knows he is still banned, and apply once his ban is up. (even though he wanted to drive the previous year).

 

On your basis, he is going to be banned for x number of years as you are suggesting he is going to be banned for 1 year from when he applied for his first licence even if this is 1 year, 5 years, or 10 years after he received his driving ban.

[2ltr16valve]

Although he didn't have one, he lost the entitlement to have one, which is a punishment.

 

Having received a one year driving ban, someone may decide not to apply for his licence for that one year at all, as he knows he is still banned, and apply once his ban is up. (even though he wanted to drive the previous year).

 

On your basis, he is going to be banned for x number of years as you are suggesting he is going to be banned for 1 year from when he applied for his first licence even if this is 1 year, 5 years, or 10 years after he received his driving ban.

 

 

yes thats right, WHEN he applies for the licence is down to him.. thus how long the ban would run would be down to him....

 

For someone with no license, stopping them from obtaining one really is of little effect really do you not think ?

 

if thats not the case, prob one of the many reasons this country is in the ****e state it is !

[crem]

For someone with no license, stopping them from obtaining one really is of little effect really do you not think ?

 

well of course it is.

 

If you apply for a licence whilst you are banned, the DVLA don't send you a "banned" licence, they would tell you you can't have one coz your banned till xx/xx date!

 

Or do you think they say, "ah! you were banned for a 1 year 3 years ago, but as you haven't applied for a licence till now, we'll start the year ban from today"

 

 

ps

not too long ago I was teaching a guy who had received a driving ban (can't remember if he had no licence at all or a provisional at the time). He received a ban of a couple of years and many points on his licence. I knew this before I picked him up for the first time so was surprised when he showed me a "clean" provisional licence.

 

When I asked him about the ban and points not showing on his licence he confirmed they were true, but as he had been staying at one of Her Majesty's hotels for longer than the ban and points were effective, when he came out and applied for his new licence, both the ban and the points had expired, therefore his licence was "clean" again! i.e. the points and ban were running from the date the judge applied them even though he obviously didn't apply for anew licence till several years later.

Edited February 18, 2010 by crem

[2ltr16valve]

well of course it is.

 

If you apply for a licence whilst you are banned, the DVLA don't send you a "banned" licence, they would tell you you can't have one coz your banned till xx/xx date!

 

Or do you think they say, "ah! you were banned for a 1 year 3 years ago, but as you haven't applied for a licence till now, we'll start the year ban from today"

 

My point being... if you have not bothered to apply for one and done something to get banned from driving, which is usually driving without one.... its of no consequence not being able to obtain one now is it. That is not likely to stop them from wanting to obtain one...

 

BUT... when they decide they want one, and realise they have a 1 year ban to serve before its valid then that is of consequence to them.... and is a punishment.

 

 

Either way, no one will know until the op contacts DVLA and asks them... "if" they will say over the phone is another matter as they are a pain in the arse with the data protection act.

[crem]

My point being... if you have not bothered to apply for one and done something to get banned from driving, which is usually driving without one.... its of no consequence not being able to obtain one now is it. That is not likely to stop them from wanting to obtain one...

 

So why would you apply for a licence when you know you can't have one? Just so the DVLA can smugly say to you, "tough s**t mate, you're banned you can't have one. Ring us again in a year. :p"

 

Surely if the court ban you for a year, then you should be sensible and wait for that year, then apply to the DVLA for a new licence which you now know you are entitled to.

 

Under your approach, anyone receiving a ban should rush out of the court and apply immediately for a new licence so that this "one year ban clock" gets started immediately.

[2ltr16valve]

So why would you apply for a licence when you know you can't have one? Just so the DVLA can smugly say to you, "tough s**t mate, you're banned you can't have one. Ring us again in a year. :p"

 

Surely if the court ban you for a year, then you should be sensible and wait for that year, then apply to the DVLA for a new licence which you now know you are entitled to.

 

Under your approach, anyone receiving a ban should rush out of the court and apply immediately for a new licence so that this "one year ban clock" gets started immediately.

 

 

No, they would issue a license that starts a year later.... not hard is it

[crem]

No, they would issue a license that starts a year later.... not hard is it

 

 

... but they don't do that

[2ltr16valve]

... but they don't do that

 

 

no ? thats funny that, I got banned ... got sent my license back with the valid from date the day after my ban was to finish.

[Signaller]

Crem and 2Ltr,

thanks for taking the time to reply.It appears I've caused some kind of argument.Sorry if I have.The lad was stupid and foolish at the time.He knows that and acknowledges it.Since he received the ban he's had a difficult time mainly because of his mental health condition.I'd like to stress though, that we are not looking for an excuse for him,or condoning his behaviour at that time.He's had treatment for his condition and spent time in residential care,and I admire him now for the way he's turned his life around.I've known of people who have received bans alongside a custodial sentence and when they've been released it's as though they've also served the driving ban, even though they weren't able to drive anyway because they were inside.

Seeing as it was 4 years ago,the conviction is now spent,but what about the ban.I don't want to get the lads hopes up by getting him his licence and then finding out he still has the ban to serve.Thanks again for your input so far.

Regards

Signaller

[Signaller]

Just to add to my last post.Up until now, the lad hasn't felt confident to be able to try for his test,which is the reason he hasn't even considered aplying for his licence.As I said earlier, he has turned his life around, and although his condition still exists,it will not stop him from driving if he is allowed to.

Signaller

[2ltr16valve]

Crem and 2Ltr,

thanks for taking the time to reply.It appears I've caused some kind of argument.Sorry if I have.The lad was stupid and foolish at the time.He knows that and acknowledges it.Since he received the ban he's had a difficult time mainly because of his mental health condition.I'd like to stress though, that we are not looking for an excuse for him,or condoning his behaviour at that time.He's had treatment for his condition and spent time in residential care,and I admire him now for the way he's turned his life around.I've known of people who have received bans alongside a custodial sentence and when they've been released it's as though they've also served the driving ban, even though they weren't able to drive anyway because they were inside.

Seeing as it was 4 years ago,the conviction is now spent,but what about the ban.I don't want to get the lads hopes up by getting him his licence and then finding out he still has the ban to serve.Thanks again for your input so far.

Regards

Signaller

 

Just to add to my last post.Up until now, the lad hasn't felt confident to be able to try for his test,which is the reason he hasn't even considered aplying for his licence.As I said earlier, he has turned his life around, and although his condition still exists,it will not stop him from driving if he is allowed to.

 

Signaller

 

 

 

No argument just a differ of opinions lol

 

 

Best thing to do is call dvla and ask him to clear security for data protection act, then ask them to speak with you concerning any matters... should be fine unless you get a little hitler on the phone

[Signaller]

Thanks for you time.Will call DVLA but probably won't be until Monday now.Will let you know what happens.Thanks again.

Regards

Signaller

[crem]

If we all agreed all the time CAG would become a little boring don't ya think.

 

DVLA website says you can apply for your licence back up to 56 days before the end of your ban, so he is obviously beyond this date already.

 

I think the one thing we all agree on is that it is worth a call to the DVLA on Monday before you go through the effort of an application that they won't accept.

 

Don't forget to post back with their answer as it doesn't matter who is right or wrong in this thread, the information will be useful for us all to answer future queries.

[kwaks]

Its simple, the ban is from the date of conviction. He will be fine to apply now.

[Signaller]

Thanks for all replies so far.Will phone DVLA anyway this morning and let you know what they say.

Regards

Signaller

[Signaller]

Just had an e mail from DVLA.They confirmed (thanks again kwaks) that his ban indeed started from the date of his conviction.So he is ok to apply for his provisional.Thanks again.

Regards

Signaller

[kwaks]

No probs Signaller, wish him luck in his lessons.