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Archive for the ‘Penalty Points’ Category

How Many Points Can I Have on a Provisional Licence?

how many points can i have on my provisional licence before passing my driving test?


One of the common questions that we are asked is how many points a person can have on their provisional licence before they pass their driving test.


This can be a difficult area of motoring law to understand and it is not as straightforward as people may imagine.  Penalty points for provisional drivers is a confusing area of law, best left to the experts such as motoring specialists Forrest Williams, to examine and explain.


As a new driver, within the first two years of passing your test, your licence will be revoked if you accumulate 6 or more penalty points.  This revocation means that you will revert to being a learner driver, and you will have to resit your driving test.


However, as a provisional driver, you may accumulate more than 6 points and still obtain a full driving licence whilst these are on your licence.


If you pass your driving test with 3 or more points on your licence already, any further points within the active penalty point period of 3 years from dates of offence will cause your licence to be revoked.  This means that you could be given 6 penalty points as a learner driver, pass your driving test, and continue to drive despite having these points active on your licence.


Any further points within the active time period will cause your licence to be revoked.


It is also worth noting that it is possible to be disqualified from driving before you have passed your driving test.  If a provisional driver has 12 points or more endorsed on their licence within the active time period, the usual totting up provisions will apply and a 6 month disqualification will be issued.


The answer, then, to the question of how many penalty points a provisional driver may obtain before passing their test, is a maximum of 11 penalty points.  Anything higher than this will lead to a totting up disqualification as soon as the threshold of 12 points is reached or exceeded.





Highways Agency Breaking Rules of Fixed Fines

A new proposal has been made by the Highways Agency to break the rule of drivers having to pay a fixed fine when they overstay the strict two-hour free parking period at motorway services.


They believe that drivers should be allowed to -pay for the extra time they spend instead of the fixed fine given, which in some cases can be as high as £100.


Everyone would agree that you’d be taking a big risk if you were to drive when over-tired, so because of this reason, is it really necessary to penalise those drivers who are seen to take a break for what is considered too long at motorway services?


Should this matter be taken into more consideration?


Maybe the Highways Agency can encourage these service stations to charge a more reasonable price for outstaying your welcome, but if not, there’s always the option of pulling off the motorway, where there are places you could stay for free!

Mobile Phone Driver Avoids Totting Up Ban

Mobile Phone Driver Avoids Totting Up Ban

Mobile Phone Driver Avoids Totting Up Ban Thanks To Expert Representation From Motoring Lawyers Online


Another delighted client kept his licence today following a possible totting up ban after he was caught driving whilst using his mobile phone.

The 3-point offence caused this client to reach 12 points, leading to a summons to attend Leeds Magistrates Court today as he was at risk of a disqualification.

When a driver reaches 12 or more points on their licence, they face a 6 month totting up disqualification.  The only way to avoid this totting up ban is to show that you or others would suffer Exceptional Hardship if banned.

This is a scenario that we see very often at Motoring Lawyers Online, and we pride ourselves on our ability to expertly prepare these cases successfully.

Leeds Magistrates Court today found that this client would suffer Exceptional Hardship if he was to receive a totting up ban and so used their discretion to not impose a disqualification.

The client was, of course, delighted.

If you are facing a totting up situation, contact us on 01623 397200 to see how we can help you.

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