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Driving licence endorsements - rehabilitation period

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Mr Calendar



Joined: 14 Jun 2004
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PostPosted: 10:00 - 20 Jun 2014    Post subject: Driving licence endorsements - rehabilitation period Reply with quote
CaNsA's Check Your Driving Licence thread got me thinking about the endorsements, their expiry and removal.

However, there's also the rehabilitation of offenders act that apparently insurance companies use when they ask if any offences in last 5 years.

Now I came across this lawontheweb site that states (my bold hilight)...
lawontheweb.co.uk wrote:
...Driving Endorsements

Because an endorsement does not fall under the relevant part of the Act, not being a ‘disability, prohibition or other penalty’, it does not have any effect on rehabilitation periods for road traffic convictions. If a driver were to be fined for an offence and also have their licence endorsed, the rehabilitation period would be defined by the rehabilitation period for a fine, and the endorsement would not factor in at all...
and the table on that page gives...
lawontheweb.co.uk wrote:
...Fines 1 year...

So if you got fined the insurance companies would appear to be talking bull. Not really based on any legislation at all.

Or do they just ask in the last 5 years because they just want to?

Can anyone else with a greater grip on reality confirm or trash that?

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lihp
World Chat Champion



Joined: 22 Sep 2010
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PostPosted: 10:25 - 20 Jun 2014    Post subject: Reply with quote
It has only recently changed to 1 year, before that it was 5 year period for fines.

However, if you look here.

https://www.nacro.org.uk/what-we-do/resettlement-advice-service/advice/disclosing-criminal-records/rehabilitation-of-offenders-act-1974,1646,NAP.html

Fines are 1 year, court imposed endorsements are 5 years.
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map
Mr Calendar



Joined: 14 Jun 2004
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PostPosted: 10:36 - 20 Jun 2014    Post subject: Reply with quote
PhilDawson8270 wrote:
...recently changed to 1 year, before that it was 5 year period for fines...if you look here.
https://www.nacro.org.uk/what-we-do/resettlement-advice-service/advice/disclosing-criminal-records/rehabilitation-of-offenders-act-1974,1646,NAP.html

Fines are 1 year, court imposed endorsements are 5 years.

So what endorsements (if any) are not imposed by a court?
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lihp
World Chat Champion



Joined: 22 Sep 2010
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PostPosted: 11:04 - 20 Jun 2014    Post subject: Reply with quote
map wrote:

So what endorsements (if any) are not imposed by a court?


At a guess, and only a guess, I would say if you accepted a FPN and got points, then they are considered to be not imposed by a court, but if you attend court and get points that they are.
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map
Mr Calendar



Joined: 14 Jun 2004
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PostPosted: 11:27 - 20 Jun 2014    Post subject: Reply with quote
PhilDawson8270 wrote:
map wrote:
So what endorsements (if any) are not imposed by a court?
At a guess, and only a guess, I would say if you accepted a FPN and got points, then they are considered to be not imposed by a court, but if you attend court and get points that they are.

Thinking My FPN and that CaNsA linked Check Your Driving Licence site for mine says "Court/Fixed penalty office 1733: Manchester City Magistrates' Court".

So was it an actual court or just a 'fixed penalty office'? I'm confused Brick Wall
If a court then all FPN will be effectively court issued endorsements then?

Unless, I'm thinking, it's one of the FPN that's just a fine, like illegal numberplate?

Also I know it's the internet but it's frustrating when 2 (or more) sites give different info like my original lawontheweb and the Nacro one provided.
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Last edited by map on 11:36 - 20 Jun 2014; edited 1 time in total
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lihp
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Joined: 22 Sep 2010
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PostPosted: 11:31 - 20 Jun 2014    Post subject: Reply with quote
It may be the typical catch all then, that anything with points = 5 year rehab
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Teflon-Mike
tl;dr



Joined: 01 Jun 2010
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PostPosted: 13:25 - 20 Jun 2014    Post subject: Reply with quote
What's the question here? At a guess, you are working a case for NOT declaring 'spent' endorsements to an insurance co, yeah? What 'right' do they have to MAKE you declare convictions/fines? Or 'spent' penalty points.
To which, my reply would be none... BUT, if you want to buy insurance off them, then you are entering into a civil contract with them, an agreement between two parties; so they can ask whatever they like.
If you make false declaration, or lie by omission, then you could be open to suit for breach of contract and possibly obtaining insurance by deception; but essentially its a matter of civil contract law, not one of traffic law, or Human Rights Act type crap.
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