Legal advice needed (licence)

I’ve got a pupil who had 8 points on his provisional, and he’s just got pulled and told he’s going to get another 6.
He has been to the police station, where they have taken his licence off him, and told him he’s going to get a ban.

Is he banned right now? I’m presuming that as he’s surrendered his licence he is banned? Or does he have to go to court to receive the ban?

I dont need the ‘well he shouldnt be on the road’ lecture, as my job as the instructor is to try and get the sense into him, not to judge. but i am not sure where we stand regarding lessons, and obviously cannot risk it. Gonna ring the DVLA later this week.

tell him not to pick up the soap:D

at things stand he isn’t ‘banned’ as only a court can impose that. What the police have is a piece of paper he shouldn’t have let them have tbh.

he should be ok to drive til hes been to court. the police cant take his licence, he might be pleading not guilty for all they know and be cleared of the offence. plus if hes got special circumstances and needs the licence for work he could have 14+ points and still keep his licence anyway. i wouldnt have given them the licence.

when you go to court, and lose it starts then. Like, literally that minute! I thought they would give me a date in the future ha ha had to leave my car there!!

so thats why you sold your bike. :smiley:

Could a pupil be issued with a producer while on a lesson?

he got pulled while riding a moped, not on a lesson, i have to be 100% on this before taking him on the road, or it could be my job… i’ve cancelled this weeks lesson, but am trying to get the right info to the letter of the law.

Surely 8 points on a provisional license is a ban?

well i got 8 points before i even got a provisional licence many moons ago:hehe:

i think he should be able to carry on as no court of law has ordered a ban yet. all depends on what he has done. if he has been caught red handed he cant do much but if not he needs a good lawyer not a high street one thats only half good if you know what i mean. a good lawyer can talk you out of most things they try to throw at you etc but its not for me to say its just an opinion

no, 8 points is not a ban on a provisional. you’re confusing it with the 2 year probation period after passing your test.

so is drinking & driving but you can drive until you go to court…

If he’s going to get a ban, why is he bothering with further driving lessons?

Surely he would need the money to pay court costs etc.

well with that 2 yr probation anymore than x amount of points in 2 yrs they have to retake their test dont they? so then how can he retake his test if hes never done one? makes the ban n/a and void then??? only speculation , as this 2 yr probation was not around when i passed my car test so not too sure whats what with it

would be good to ask the question when does the 2 yr probation start from date of issue of yr provisional, or the date of passing the driving test???

Mel, sounds like you enjoy a challenge ! Fuckwit. He shouldn’t be on the road blah blah blah :smiley:

Sounds very tricky.

When you do phone the DVLA ask them if they can guide you to the part of the website the person is getting their information from - rather than them just telling you the rule on the phone, you may need to keep a record.

good point jets

verbal means nothing in court but black and white on paper and you have yr arse covered

Points do not mean a ban unless a court actually bans you . I drove to my hearing with 12 points on my licence . The court then gave me the TT99 which meant from that moment I was banned… I got 6 months … Then my brother drove us home . Things were not so computerised then … it was handwritten :smiley:

Does more than 12 not mean an automatic ban without the court?