As a new driver your licence is particularly important to you but your driving licence is automatically revoked by the DVLA if you build up six or more penalty points within two years of passing your first driving test. This includes any penalty points you had before passing the test. You’ll have to reapply for a provisional driving licence and resit both parts of your driving test. If you have had your licence revoked by the DVLA and need advice, contact our motoring solicitors on 0800 046 3066
Revocation of your driving licence will have immediate effect once 6 points are reached. Your licence remains revoked indefinitely and will not be reinstated until an application to re-apply for your licence is made. When a new application is made, a provisional licence will be reissued (endorsed with the points) and you will then will be subject to the terms of a provisional licence. When both the theory and practical driving tests are passed, a full licence will be reissued but the points will remain valid for 3 years from the date of the offence.
The DVLA can revoke your licence without prior warning, the process is automatic and neither the Police, the DVLA or the Court have any discretion. If you accept a Fixed Penalty Notice which results in 6 points being reached within your first 2 years of driving, your licence will be revoked without any prior warning or a Court appearance.
You may have reasons to avoid revocation of your licence, or we may be able to present your case to keep any points endorsed below the six points. Although revocation of your licence is automatic if you reach 6 points, in some circumstances you can prevent points being endorsed and therefore avoid having your licence revoked. For certain offences it may possible to obtain a short period of disqualification by way of a punishment instead of penalty points. To achieve this, you will have to attend Court, and advance reasons to convince the Court to impose a punishment which avoids penalty points in order to keep your licence.
The Court has no discretion on to revoke your licence if you reach 6 points, however it does have discretion on the punishment imposed and therefore, avoiding points could avoid revocation of your licence. It is advisable to seek legal assistance if you close to go to Court.
There is no appeal process against the DVLA so if you have accepted fixed penalties, you have little option but to apply to retake a driving test. But if your licence has been revoked as a result of a Court hearing, you can appeal that decision to a higher Court. You have 21 days in which to lodge an appeal and the revocation of your licence will be suspended pending the outcome of the appeal hearing if you inform the DVLA that you are appealing.
We have had many successes helping clients keep their licence and may well be able to help you if you are in a similar position, depending on your circumstances.
If you would like to see if we can help you, please complete our enquiry form or call us now for a consultation with one of our motorist defence team on 0800 046 3066