how to avoid adding points to UK driving license for a speeding offence?

Question

A friend has a problem that I thought someone here might help with. He got a speeding ticket for doing 40mph in a 30mph zone. He has received notice for a £60.00 fine & 3 points on his license. He already has 3 points and only got his UK driving license last September. The rule is that if 6 points are added to a license less than 2 years old, the license will be revoked.

He is an experienced driver (20 years+) in the USA & other countries. He drove frequently last year (13000 miles on the clock for last year) most of which was business related commuting {the greater the drive the greater the chance of getting tickets?} He is self employed and needs to drive/commute (sometimes with passengers) quite frequently. So revoking his licence may impact his business.

Can he appeal /challenge the points on the basis that (a) he is not a new driver with less than 2 years experience. (b) instead of the addition of 3 more points he is happy to pay an increased fine.

thanks

Answer 1

Ok, sorry but some of these answers are a load of rubbish. Here are the FACTS....

I have had many problems like this over the years with my license, (you would not belive how complicated and unfair it got!), So i am personally in a postion to advise you as to the situation. I feel very strongly about the unfairness of the system when it comes to things like this. I actually aquired more than 6 points within my 1st 2 years, although i did drive 50,000 miles in those 2 years and had a totally clean license until i reached the 30,000 miles level :@. Anyway, i've written a thorough piece of writing below which i hope helps you both! :)

Ok, 1st of all, you cannot appeal to a court against an administrative revocation, (which is what this would be). You can only do that if you are about to aquire more than 12 points. Then you can plead exceptional hardship to avoid disqualification.

If he chooses to just accept the points, his UK license will probably just be revoked automatically by the dvla's computer system. Although i'm not entirely sure if the dvla would distinguish between poeple who've recently passed their test for the 1st time, and those who've passed it within the last 2 years after having a full one for longer in another country. Your best bet for finding this out would be to contact the DVLA themselves and find out exactly what the rules are on that. Their website is http://www.dvla.gov.uk. I doubt you would find an answer to a question as complex as this on their website, so you/he would probably be best just phoning them. You should be able to find their number on the website. If they tell you that aquiring the 6 points within the 2 years would NOT cause an administrative revocation given the situation, then he has nothing to worry about. If they say that it still does, then all is not lost.....


First of all, as someone said on here already, he could just try and give them his US license. Although this could have questionable legality (i'm not actually sure if it would be legal or not). If it is technically illegal, then i would expect that it would be unlikely that any prosection would be brought even if what he had done was found out as he could just claim that he didn't understand the system or just lost his UK license so just gave them that one instead and didn't realise it would matter.

However, if he has been living in the Uk and driving in the Uk longer than 2 years, his US license would no longer be valid in the UK as you need to apply for a UK one within 2 years*, so in that case this wouldn't work anyway. * I think it's 2 years anyway, although it could be 3. Again you should probably check that with the DVLA. You don't need to tell them who you are if u ring them to ask these questions by the way. Just tell them you wanted some information, so there won't be any danger of them getting suspicious about being asked all these questions.

Ok, if you find that his US license would no longer be valid anyway, or you just want another alternative or more information, then read on :)......

As i said earlier, if his license is revoked, that doesn't mean he is disqualified, it just means his license will drop to a learner driver level. He will just need to pass his driving test again, (both the theory and practical), and then he will be able to drive legally on his own again. However, note that the british practical driving test is one of the hardest in the world, but seen as he passed it back in September, it may not be a problem for him. He can still legally drive on his learner license as long as he is acoumpanied by someone who is over the age of 21 and has held a full UK license for at least 3 years. Also he must display L plates at the front and rear of the vehicle he is driving.

If however, he chooses to carry on driving on his own whilst on a learner license, although this would be technically illegal, the penalty if he were caught is suprisingly leanient. It's just another 3 points! Simple as that! The offence would technically be "driving other than in accordance with a license".

Another way around it is that when the dvla write to him asking him to return his full license to them, he could just say that he's lost it. Maybe he has lost it! How are they gonna know?! There not gonna investigate although they may ask that he re-applies for his provisional (learner) license, although he'd have to do that anyway. This way if he were ever stopped, he could just show them the full license and they'd know no different. The chances of being found out would be extremely unlikely, although obviously it's his decision of whether or not he's comfortable with going down that route.

If not, other legal options include contesting the speeding charge it's self on the grounds of not knowing who was driving. When they sent the speeding ticket/NIP (Notice of intended prosection), they would have had to have asked him who was driving. He could write to them and say he doesn't know but ask them to provide him with copies of the image taken by the speed camera, (assuming it was a camera). They HAVE to provide this and if they don't there is no case as they would have insufficient evidence to prosecute and if it came to court, you could simply argue that you could not reasonably be expected to know who was driving if they can't provide an image.

It is unlikely you will be able to contest it on legal grounds though as they probably will be able to sent the image. If they can't great, but if they do, then he will simply be left with quasi-legal options. If he chose to go down this path again, then basically he should just tell them that someone else was driving who was from america. Maybe give a fake address. Or give the address of a freind and then ask them to ignore the letter that they recieve about it. It is highley unlikely that this would be investigated further especially given that he is american himself! It would make it even more plausable. However, this would only really work if the image taken by the speed camera was from behind the vehicle and did NOT clearly identify who was driving. If it was from the front and you can see his face, this would not be a good idea. Also, in any case, people who resort to this are ussually those who are about to acquire more than 12 points and are facing a 6 month disqualification, so perhaps this would not be the best course of action to take.

Finally just to note that in answer to your point B, they will not let him pay a bigger fine but not get points! lol. Some people are so desparate to do that they they will pay people hundreds of pounds to put the points on their license and claim that they were driving instead, (ussually to avoid a full disqualification). Again that is certainly illegal and would technically be perjury, it is another known way in which thousands of people have got round the system!

Also just do indorse what a couple of other people have said....

1.) It might be another idea for him to claim another real person was driving and to put the points on there license, (would have to be a good freind though!). Although, again he should still ask for a copy of the camera image to make sure it doesn't clearly identify him as the driver!

2.) It is true that if the date that the NIP was sent out was more than 14 days after the offence, it is not valid and no prosecution can be brought. The date it was sent out is written on it, but that doesn't mean it's invalid if he just didn't recieve it within 14 days .


Hope this has helped!

Answer 2

This Site Might Help You.

RE:
how to avoid adding points to UK driving license for a speeding offence?
A friend has a problem that I thought someone here might help with. He got a speeding ticket for doing 40mph in a 30mph zone. He has received notice for a £60.00 fine & 3 points on his license. He already has 3 points and only got his UK driving license last September. The rule is that if 6...

Answer 3

The driver's experience is irrelevant for a speeding ticket-If You're speeding and get caught,you get fined.(Unless You're a cop going to pick up a takeaway in a patrol car,get clocked speeding en route,then have the excuse that You were diverting to an incident on the radio at the time of the offence,then realise Your presence would be superfluous and just go get the takeaway anyway and head back to the station..)
I don't know what Your friend's first 3 points were for (it wouldn't be speeding,would it?) but being aware that a second violation could lose him the license should've been a warning..which didn't work.I'm not sure if an appeal is possible,but if It's his only option to losing the license,He should take it.Dunno if they'd give Him a higher fine in place of the points,though..

Answer 4

The points are automatic in the UK - just because he drives for a living and is a newish driver counts for nothing - more reason that he should have been more careful with his speed. Had he of had an accident and killed someone none of his excuses would work would they ???? He can choose to go to court but the likely outcome will be an increased fine and still he'll get the points xxxx

Answer 5

This might be a moot point, but if the letter (the Notice of Intended Prosecution) was delivered more than 14 days after the alleged speeding offence, then it is void and no further action can be taken. Otherwise, the undue hardship approach (may work if the income is from driving) at appeal is the only route to take.

Answer 6

OK, first things first. Is you mate insured? Does his insurance policy entitle him to allow other drivers to use the vehicle, if not, sadly you're screwed. You could just get a caution, but more probably 3-6 points and a £100 fine. If you are going to get 6 points - you will effectively get a ban, and have to do a re-sit. When you get a ban a court appearance is advised (practically mandatory) - this will give you that chance to POSSIBLY get say 5 points and keep your licence if losing it would mean 'extraordinary hardship', like losing your job. Best of luck anyway.

Answer 7

If he has already returned the forms saying he was the driver. which I presume he has because of the conditional offer of points and fine, then he is snookered.

Ways round the problem could have been, deny speeding, appear in court contest the charge, maybe get off on a technicality, how ever if found guilty same points but with increased fine/costs. The court has no choice but to give the points, the only discretion is the amount of fine above the minimum

If more than one usual driver of the car could the other driver/s accept the points instead?

Answer 8

He could certainly appeal the decision and take it court but they tend to take dim view of this unless he has absolute proof he was not speeding.

Also if he appeals on the basis that he is not an in-experienced driver, chances are the judge may see this in the negative as an experienced driver should know better than to be over the speed limit

Answer 9

This is just an idea. Could he send in his US license instead and say he'd been driving on an international license?

Answer 10

He will need to attend court and plead un due hardship and explain that his work/business would suffer . he should express remorse and hope that the court is lenient with him.
I would also suggest that he speaks to a specialist solicitor for more detailed advice www.yell.com. is a good place to look for one