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New Driver Provisions

The “New Drivers” legislation was introduced in 1995 under the Road Traffic (New Drivers) Act and brought into effect a 2 year probationary period of driving once a person passes their first driving test. As a result, if a new driver accumulates 6 or more penalty points within the first 2 years following the passing of their driving test then their licence will be revoked by the DVLA.

Revocation is different to a disqualification as no fixed period applies and the revoked driver reverts back to provisional status so will therefore have to re-apply for a provisional licence and re-take their driving tests.

However, revocation can often be avoided by either successfully defending the motorist from the alleged offence, therefore avoiding additional endorsement onto their licence.

Other methods of avoiding revocation may also apply such as persuading the court not to endorse the licence with penalty points either by discretionary disqualification or Special Reasons.

As revocation is imposed by the DVLA it does not require formal court proceedings and as such could follow the acceptance of a fixed penalty offer. There is also no appeal process against the decision by the DVLA to impose the revocation so unless the endorsement that caused the revocation can itself be appealed then the DVLA’s revocation is final and the re-test is the only option.

Driving after your licence is revoked is likely to result in further offences being considered such as driving otherwise in accordance with a licence (an offence that carries between 3 and 6 penalty points or a disqualification along with a fine) and driving without insurance (an offence that carries between 6 and 8 penalty points or a disqualification along with a fine).

As such it is crucial that expert advice is received as soon as a new driver receives notification of an incident that could result in them receiving penalty points.

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