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2 questions about points on license

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colin1
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PostPosted: 13:43 - 15 Jan 2008    Post subject: 2 questions about points on license Reply with quote

When you get points on your license, are they dated of the date of the offence, or the date that a court finds you guilty ?

If you get 6 points within your first two years, do you have to go through a car test and a bike test again to get a license again ?
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Last edited by colin1 on 13:50 - 15 Jan 2008; edited 1 time in total
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LustyLew
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PostPosted: 13:45 - 15 Jan 2008    Post subject: Reply with quote

Points are valid from date of convictions.

I.e. A speed camera will be from the day you were caught.

If in court, it'll be the date the judge/magistrate passes sentence.
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Itchy
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PostPosted: 13:45 - 15 Jan 2008    Post subject: Reply with quote

#2 only on your first licence thus if you passed your car in 98 and passed your bike in 2007 , the new drivers act doesn't apply.

and resitting any of your prior categories gets you back all your entitlements, hence Stink's musings on taking bike test on a step through ped.
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Kickstart
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PostPosted: 14:40 - 15 Jan 2008    Post subject: Reply with quote

Hi

Points go from the date of the offence.

Entirely possible to go through enough appeals, etc, that the points have expired by the time you are finally convicted. Wouldn't recommend it though.

All the best

Keith
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Fawbish
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PostPosted: 14:43 - 15 Jan 2008    Post subject: Reply with quote

My mate had his court date today, he got 6 points, and a £250 fine. I think his points are going to go from the offence, but he wasnt sure, it might be from today.


He has to retake his licence, as soon as they send him a letter that reverts him back to a provisional. He also begins his two years restriction, again, which would have ended in september. Bummer, lol.


Colin, yes, you do Thumbs Up (well, its Thumbs Down but oh well lol)
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the grim reaper
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PostPosted: 17:50 - 15 Jan 2008    Post subject: Reply with quote

I haven't said this but it has been known for it to take ages and ages to get convicted if you just ignore the NIPs. Then you will probably get 3 points and a large fine but how much does it cost to do your test these days?

Cheers

Grim
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kawakid
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PostPosted: 18:30 - 16 Jan 2008    Post subject: Reply with quote

Itchy wrote:

and resitting any of your prior categories gets you back all your entitlements, hence Stink's musings on taking bike test on a step through ped.


I never new that.
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colin1
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PostPosted: 17:57 - 18 Jan 2008    Post subject: Reply with quote

It turns out that I could have answered this question myself, if I'd looked on the counterpart bit of my license before i gave it in.

In the endorsements section, the date column is headed date of CONVICTION, not date of offense, so I'm ok.

If it had been date of offense, the six points would have made me have to retake my license as it would have been within the two years.

So I'm very relieved.

Ive had it back in the post today, with my offense written in with the date being the date of conviction..
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Last edited by colin1 on 18:58 - 18 Jan 2008; edited 2 times in total
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Kickstart
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PostPosted: 18:50 - 18 Jan 2008    Post subject: Reply with quote

Hi

Offences stay on licences for 4 years but depends on the offence as to whether that is from the date of the offence or of conviction:-

https://www.direct.gov.uk/en/Motoring/DriverLicensing/EndorsementsAndDisqualifications/DG_4022550

Most offences it is 5 years from the date of the offence.

Seems really strange.

As such for the 2 year / 6 point limit not sure.

From a scamera partnership web site:-

https://www.speedaware.org.uk/faq.aspx#43

points add up for totting up purposes for 3 years from the date of the offence.

All the best

Keith
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colin1
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PostPosted: 19:20 - 18 Jan 2008    Post subject: Reply with quote

I think in reality, as the date recorded on the license is the date of conviction, they will have to work from that date rather than date of offense. I think that will be the way it works for totting up points as well.
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steveh
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PostPosted: 19:22 - 18 Jan 2008    Post subject: Reply with quote

just a quick question, sorry to hyjack, but it may be of help to others too.


If i got done for speeding within my 2 year restriction, then summonds to coart a fair few months after my restriction, are there any other penaltys.


Steve.
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Kickstart
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PostPosted: 19:36 - 18 Jan 2008    Post subject: Reply with quote

colin1 wrote:
I think in reality, as the date recorded on the license is the date of conviction, they will have to work from that date rather than date of offense.


Suspect they will have it all recorded so can work it out whichever way they want.

steveh wrote:
If i got done for speeding within my 2 year restriction, then summonds to coart a fair few months after my restriction, are there any other penaltys.


From the links I posted, probably depends on what the summons is and whether the offence was before your 2 year restriction was up.

All the best

Keith
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steveh
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PostPosted: 19:40 - 18 Jan 2008    Post subject: Reply with quote

offence before, summons 3 months after.?

cheers, Steve
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Walloper
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PostPosted: 19:41 - 18 Jan 2008    Post subject: Reply with quote

We used to have a Back Street lawyer on bcf. Who advised on all matters legal.
He was a little over sensitive and didn't last long in the bcf 'Hall of Justice'

But I think Kickers hit it on the head.

Points from date you committed the offence.

And appeals are seldom/never free if they go in favour of the prosecution. These folk hate to get played with.
Do not forget they are much better and much more cleverer than anyone else out there in 'real life'.

And it's OK to fess up on bcf to getting caught if it really was you and not your mate Wink .
We're all tear-aways anyway and you might get karma for points.

Points are subject to the rehabilitation of offenders act.
Therefore the points will must be declared for five years after the offence but can only be considered valid for insurance totting up for three years.

Police are also not permitted to look at any part of the licence other than: Name, Address, and Class of Vehicle Entitlement.
This is to prevent one of the scum suckers the government employ from weighting his judgement to book you based on the chance conviction would get you jail or a ban. (Which none of them would really do anyway Wink )
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Last edited by Walloper on 19:50 - 18 Jan 2008; edited 1 time in total
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Kickstart
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PostPosted: 19:46 - 18 Jan 2008    Post subject: Reply with quote

steveh wrote:
offence before, summons 3 months after.?


Really don't know, but you could well have a problem depending on the offence. Probably best to (first) go and have a word on Pepipoo.

If it was speeding and most other offences then it looks like the points are effective from the date of the offence, but might trigger the 6 point licence revocation even if conviction is after the 2 years.

All the best

Keith
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steveh
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PostPosted: 19:47 - 18 Jan 2008    Post subject: Reply with quote

yeah i got done 84 in a 60, i wanted to seek legal advice before hand, i was given a fixed penalty notice, can they give me anymore points or revoke my licence, just because i took it to coart and now happend to be out of my restriction?

many thanks, steve.
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Kickstart
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PostPosted: 19:51 - 18 Jan 2008    Post subject: Reply with quote

Hi

They can't give you a fixed penalty ticket, process that and then take you to court for the same offence.

Possible that they could take you to court for a seperate offence, but unlikely.

Suspect most likely they have made a mistake and are trying to prosecute you a 2nd time.

All the best

Keith
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steveh
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PostPosted: 20:01 - 18 Jan 2008    Post subject: Reply with quote

Kickstart wrote:
Hi

They can't give you a fixed penalty ticket, process that and then take you to court for the same offence.

Possible that they could take you to court for a seperate offence, but unlikely.

Suspect most likely they have made a mistake and are trying to prosecute you a 2nd time.

All the best

Keith


i was stopped during my 2 year restriction, given fixed penalty, i opted to take it to coart, by the time it came round, im out of my restriction.

sorry, steve.

sorry i might of been un clear Embarassed
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Kickstart
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PostPosted: 20:08 - 18 Jan 2008    Post subject: Reply with quote

Hi

In which case yes they can give you a heavier penalty than a fixed penalty. As well as costs.

If the points for the offence they do you for are from the date of the offence then possible that it might invoke the 6 point limit.

All the best

Keith
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MattEMulsion
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PostPosted: 22:15 - 18 Jan 2008    Post subject: Reply with quote

Fawbish wrote:
My mate had his court date today, he got 6 points, and a £250 fine.


Go on then, what did your mate do to deserve 6 points?
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colin1
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PostPosted: 15:32 - 24 Jan 2008    Post subject: Reply with quote

I was a bit quick to assume that because I have had my license sent back from the court with the points written on, I was ok.

Ive just had a letter from the dvla, and its been revoked.

I have to return it, and apply for a provisional, and then do theory and practical again.

Fuck.

I may try and revive the rs125, so I have something while I'm getting my license back.
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Last edited by colin1 on 17:10 - 24 Jan 2008; edited 1 time in total
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Kal
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PostPosted: 16:20 - 24 Jan 2008    Post subject: Reply with quote

Balls. That sucks dude.
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Al
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PostPosted: 17:33 - 24 Jan 2008    Post subject: Reply with quote

Sorry to hear that Colin Thumbs Down


Ps-I've got an old copy of the theory test CD-ROM knocking around you can have if you've got rid of your last copy.
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Walloper
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PostPosted: 18:54 - 24 Jan 2008    Post subject: Reply with quote

colin1 wrote:
I was a bit quick to assume that because I have had my license sent back from the court with the points written on, I was ok.

Ive just had a letter from the dvla, and its been revoked.

I have to return it, and apply for a provisional, and then do theory and practical again.

Fuck.

I may try and revive the rs125, so I have something while I'm getting my license back.


Can you not just get a restricted 98R1 until you get your licence back? Cool

It's so bluddy confusing and it's going to be made worser by the bliddy Yoorokrats trying to stamp out biking too.
I did try to get them to re-consider but as no-one/not enough folk in this country gives a toss for anyone else the new laws were passed.
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colin1
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PostPosted: 19:50 - 24 Jan 2008    Post subject: Reply with quote

Al wrote:

Ps-I've got an old copy of the theory test CD-ROM knocking around you can have if you've got rid of your last copy.


Thanks but ive got mine somewhere, so i'll just dig it out.

It might be good for me in a way, as i had been thinking i ought to cycle more often and get in shape rather than ride motorbikes all the time.

I havnt got much choice now Smile

Fortunately, i got a load of shopping in last night, before i got the letter.
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