DVLA : Bit unfair??

[Tootz]

Hi,

 

Im hoping someone could give me some advice. I am 21 years old and I passed my driving test on July 18th 2008, on July 4th 2010 I was caught on the M4 travelling back from Bristol at 5am on a sunday morning doing 97mph in a temporary 50mph zone. Now I know this is a ridiculous speed and I know it was stupid and dangerous. I received 6 points and a 245.00 fine which I am in the process of paying of. I pleaded guilty by post and wrote my plea apologising. Although I did see the 50mph speed limit, I genuinely was not sure whether they were in force at 5am on a sunday morning. There were no road works and I did notice the drivers that I did see, were travelling at a similar speed so I didnt take much notice. I know 97 is still way over the limit, but I am used to driving old VW golf's who are quite vocal when travelling at higher speeds I was in a brand new 2009 hire car at the time which was quiet as a mouse and I just didnt think about speed I was doing. This might sound like im trying to justify my speed but Im simply telling the story from my point of view.

 

Anyway, my counterpart and driving license were sent off to the DVLA just before christmas and I have just realised my license has in fact been revoked because at the time this speeding offense happened, I was 2 weeks away from having my full license for 2 years. I know this happens automatically, if you receive 6 points or more withing the first 2 years of driving, your license is taken away. But it just seems slightly unfair that for my very first offense - 2 WEEKS before I had been driving for 2 years, I am now having to do my theory and practical again. It's not like I had got these points within a couple of months of passing my test, it was literally nearly at the 2 year mark.

 

Is there any way I can appeal this? Or am I just going to have to eat humble pie and start from scratch? It just seems a bit unfair and so annoying

 

Thanks

[crem]

It won't be what you want to hear but, I'm afraid the revoction is automatic if 6 points are aquired within 2 years of your first test pass exactly as you feared. There is no right of appeal. Your only hope would have been to appeal for leniency at the court and hope they awarded fewer than 6 points. You are beyond that now and therefore have nowhere else to go with this (except the test centre again of course!).

 

Have the DVLA notified you that your licence has been revoked or have you just done your own research to establish that? AIUI you are not revoked until they tell you you are revoked. Once you know for sure you can submit a new D1 form to apply for a provisional and get on with getting your test passed again. There is no minimum time you have to wait, unlike a proper "ban" which would have carried a specific length of time. I have known people be able to get their theory passed and test retaken in as little as 5 or 6 weeks.

 

If you start a bit of practice on your theory now, then as soon as you have your new licence in your hand you can book your theory, perhaps picking up a "cancellation" slot within a matter of days.

[edit: I've just tested a booking date and I could have a theory test at my local centre in Sunderland this Saturday morning and one of my pupils has just booked a "quick" practical test today for next Thursday. Obviously I couldn't book the practical till after passing the theory on Saturday, but is shows quick dates are available]

 

One small glimmer of hope that some people overlook with regard to the "New Driver's Act" is that the 2 years starts from your full driving licence. So, for example, if you had passed a motorbike test when you were 18, then your car test when you were 19, the 2 years doesn't start again with your car licence, it is already up and running with only another year to go from when you got your original bike licence.

Edited February 3, 2011 by crem

[Tootz]

Thanks for the reply.

 

No I had no idea my license had been revoked until I rang them yesterday lunch time to chase up the return of my license! I had been driving around this whole month not knowing.

 

One thing I am a little confused about, when I get my new driving license after re-taking my test - will it still show the 2 years I had been driving previous to this incident, will my 2 years driving experience be totally wiped off? Or will it simply be a re-issued license still stating the date I past my original test (18th July 08 )?

 

I guess Im just going to have to bite the bullet and get on with it!

Edited February 4, 2011 by Tootz

[Rob S]

They can only revoke your licence the once in respect of the accumulation of points. I suspect your new licence will show the full entitlement as starting from when you re-take your test again.

[crem]

Your licence will show a new "issue date" or "valid from" (not sure how the new licenses word it). But this will of course be from the new test date.

 

Have you applied for your new license then?