The New Drivers Act :Cross Stitch – Motoring

Under the New Drivers Act, you’ll lose your licence if you reach six penalty points within two years of passing your first driving test. Find out how the Act could affect you, how penalty points are calculated and how you get your licence back if you lose it.

If you have just passed your first driving test, the New Drivers Act means you’re ‘on probation’ for two years. If you reach six or more penalty points in that time, you’ll lose your licence. Then, you’ll have to apply and pay for a new provisional licence. This means you’ll be a learner driver again.

If you have held a full driving licence for two years, the Act doesn’t apply. For example, there isn’t another probation period if you already have a full car licence and pass a test in another category, like lorry. But you need to have passed both tests in one of the countries listed above.

Foreign driving licences

The Act also applies if you exchange a foreign driving licence for a British licence and then pass a further driving test in Great Britain.

Penalty points on your provisional licence

You can also get penalty points on your provisional licence before you pass your test. These points last for three years and will count under the Act. If you reach six points before you’ve taken your test, your provisional licence won’t be taken away. But if you get any more points within two years of passing your test, you will lose your licence.

If you lose your licence under the New Drivers Act, you must first apply for a provisional licence. A provisional licence means you must drive with:

• L plates
• a driver to accompany you who is at least 21 and has held a full licence for at least three years

You must not drive on any public road in Great Britain without a licence. If you drive without a valid licence, or disobey the conditions of a provisional licence, you face a penalty of up to £1,000.

If you don’t have a valid licence, your insurance won’t be valid. You’ll need to tell your insurance company immediately if you lose your licence under the Act.

If you want to get your full driving licence back you must:

• pass the theory and practical driving tests again in a previously held category
• exchange your provisional driving licence for a full one, after passing your driving test

In some cases, you may be ordered by the court to take a re-test as part of your penalty for the offence. If you pass this test, you get your licence back. You don’t need to pass two re-tests.

You can’t appeal directly against having your licence taken away under the New Drivers Act.

You can appeal in court against the conviction that lead to you reach six penalty points. But you can’t appeal against a fixed penalty once you have accepted it.

If you do appeal against a conviction, your licence won’t be taken away before the court has reached a decision.

For advice on whether you can appeal and how to go about it, contact the convicting court.