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Offences

New/Young Drivers

The Road Traffic (New Drivers) Act 1995 established a two-year probationary period for newly qualified drivers. The accumulation of six or more penalty points by a new driver before the end of a period of two years commencing from the date upon which a driver first passed a driving test will result in the revocation of the licence. The driver effectively reverts back to being a provisional licence holder and will require to pass another driving test in order to restore entitlement to drive.

Do not underestimate the complexity of these provisions. The obvious scenario is when a driver accrues six penalty points relating to offence(s) committed within the two year probationary period. It does not matter that they may fall to be disposed out-with the two years as road traffic legislation tends to operate from date of offence to date of offence. It is clear that these points will lead to the revocation of our new driver's licence.

Matters become more complicated when offences have been committed before the grant of a full licence. If an offender receives six penalty points as a provisional licence holder, he is free to sit and hopefully pass his driving test. There is no revocation as the six points were imposed in relation to an offence committed prior to the grant of his full entitlement to drive. Put simply, there is no licence to revoke at this stage. However, should there be any further indiscretion during the probationary period, then this will trigger the New Driver provisions as the number of penalty points to be taken into consideration exceeds the magic six.

Similarly if a driver receives three points for a minor speeding charge as a provisional licence holder, he has no latitude for any further offences once a full licence is obtained as three more points, within the two year probationary period, will invoke the New Driver provisions.

In the event a disqualification is imposed in relation to a separate offence during the first two years, live penalty points can still lead to revocation notwithstanding the ban as the points stand alone and are counted independently.

It should be noted that the probationary period comes to an end upon successfully passing the retest and therefore you can only be a New Driver once.
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Glasgow Office 165 High Street, Glasgow,
G1 1QN.
dumfries Office 43 Buccleuch Street, Dumfries,
DG1 2AB.
Dominic Sellar
BA (Hons) LLb Dip LP
ds@theroadtrafficlawyer.com
Martin Black
LLb (Hons) Dip LP
mb@theroadtrafficlawyer.com
Michael Lyon
LLb (Hons) Dip LP
ml@theroadtrafficlawyer.com
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