The Road Traffic (New Drivers) Act 1995

As most drivers will be aware every motorist who passes their first full driving test after 1st June 1997 is subject to a 2 years  ‘probationary driving period’ from the date when their full driving licence is issued. 

All new drivers are subject to an automatic revocation of their driving licence if they accumulate  6 or more penalty points for offences committed within this ‘probationary period’.  Following automatic revocation the driver must then apply for a new provisional driving licence and retake a driving test again and pass it..!!.. before returning to the road. 

Penalty points which were previously endorsed upon a driver’s provisional licence do not automatically trigger revocation of the full driving licence once obtained (even if the points exceed 6) but the previously endorsed penalty points do remain valid after a full driving licence has been issued. In effect the penalty points on the provisional licence are transferred to the new ‘full’ licence. This means a driver will face revocation if any further endorsable offence is committed within the two year probationary period and which ‘new points’ total the penalty points to 6 or more. 

In calculating the relevant date for the purpose of the two years period, it is the date the actual offence was committed, not the date of the subsequent conviction. If the two year probation period has elapsed when penalty points are imposed but the offence was committed within the 2 years period then a revocation of the driving licence will still be automatic. 

A driver is only subject to the new driver probationary period for the first 2 years after passing a first full driving test. 

A new driver may avoid revocation if the convicting court imposes a driving disqualification for the offence rather than imposing penalty points. 

Specialist legal advice will always assist the ‘probationary driver’ who is facing prosecution for a motoring offence. 

If you need legal advice upon any motoring matter contact our  experienced motoring department on 01606592159.