Questions?
0116 259 9548
BVRLA Member
No Administration Fees
Free Nationwide Delivery
The Road Traffic (New Drivers) Act 1995 applies to all new drivers for two years immediately after passing their driving test. It’s quite likely you’ve never heard of it and unless you fall foul of it it’s quite likely that would remain the case.
This act comprises a probationary period on new drivers for two years after passing their test. This translates as a revoking of your license should you reach six or more penalty points in these two years.
The driver gets one chance of accepting one fixed penalty and receiving three points but if two fixed penalties are accepted or a more serious offence resulting in six points awarded, the license would then be revoked. It does not matter whether you accumulate the points in two separate three point penalties or one six point penalty, either will lead to your license being revoked if they happen within the two year probationary period.
The act applies to all motorists who passed their first full test after 1st June 1997.
If you accumulate six points and your license is revoked then to be able to drive again you need to apply for a new driving license. The license you receive will only be a provisional license and you will be required to retake your theory and practical driving test again.
Once you pass the theory and practical test again you will be reissued with a full driving license but the points will remain on your license and will be valid for three years from the date of the offence.
If you accept your fixed penalties and the accompanying six points then you have no basis to appeal against the decision via the Driver Vehicle License Agency (DVLA). Your only option is to apply for and pass your driving test again – both theory and practical.
However, if your license has been revoked as a result of a court hearing, you may appeal that to a higher court. You would need to lodge an appeal with the DVLA within 21 days. Once lodged the revocation would be suspended depending on the outcome.
It is quite likely the DVLA will revoke your license without pre-warning or a court appearance. The DVLA, Police and the courts do not have any obligation to notify you of their action as they expect that you, as a new driver, should be aware of the Road Traffic (New Drivers) Act 1995.
The DVLA do write to inform you of their decision and they try to do it with five days’ notice, however letters get delayed or lost in the post. So - if you suspect your license may have been revoked you can check the status via the DVLA website. If your license has been revoked and you continue to drive you may be liable for further offences.
The good news is the answer is ‘No’. However any penalty points you have will remain valid for three years from the date of the offence and if you accrue more and reach twelve points within a three year period you will be subject to disqualification from driving for six months.
Sometimes it may be advisable to seek legal advice from a specialist motoring solicitor if you receive summons following a suspected driving offence. It is best to seek advice as soon as possible which may help keep any disqualification to the minimum time period.
If you weren’t aware of the New Drivers Act then we hope you have found this helpful. If you require further information on the Road Traffic (New Drivers) Act 1995, visit the UK Government website.
