haha kaos, you choose now to answer with one word?? 
:hehe:
The New Drivers Act only applies once two things happen -
-
You have passed your test and been awarded your license for the first category (in other words, if you have a car license and then pass the bike test, the two years will have run from when you passed the car test): and,
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At a later date, within two years, you are awarded points when take your total to six or more points.
At that point you lose your license and have to reapply for a provisional etc.
The New Drivers Act has no application to provisional licences.
So this person can still ride on 8 points, but if he gets a single point within two years of passing his first test he will lose his license and have to start again from scratch. If he has 50 points he could still ride on his provisional if the courts don’t ban him, but one point in the two years after he passes, and he loses his license and has to apply for a provisional all over again etc.
I do not think an “automatic ban” even exists I think thats one of those myths .
The 12 point ban is not automatic, unlike the New Drivers provisions which are automatic - so automatic that until recently DVLA didn’t even bother to inform people that their licenses had been rescinded and they need to get a provisional, do the theory and take a new test. People were assumed to just know that 6 points within the first two years meant they lost their licence.
Of course in practice they just carried on driving with no license on the ground s that no one had told them otherwise!
Don’t work have experts to ask Mel?
yes, i can ask someone, but not tonight which was when the problem came up. Its a first for me, so i’m gonna find out in the morning. the pupill thinks he is banned so I am just gonna leave it at that for the time being while we sort it out. His brother is taking his place for the lessons. 
the 2 year probationary period has nothing to do with this situation.
He may not be a bad driver, just very bad at spotting gatsos around town.
nothing to do with speeding joby 
Mel
Only a court can impose a disqualification and you have to be present when it is done. If he had 8 points then he should not have been issued with a endorsable fixed penalty notice,if the offence carries penalty points that would take him to 12 or more providing the issuing officer knew,which he should as the details are held on the PNC. Sounds like the 6 pointer would be for no insurance if the story is true. He should have been reported in the normal way to be dealt with by way of summons before a Magistrates Court in my opinion
someones gotta tell this kid that it aint a Tesco club card :pinch:
cheers broady
Sorry Mel.
People had already pretty much answered it but yes you have to go to Court, you can either send your licence in ahead of you, when you send back the forms, or you can just roll up with your licence in your hand. You can even turn up without it, but not like the computers don’t know these days.
Disqualification will be done by the court, along with a fine that will not be £60.
From my experience of sitting in Magistrates Courts for hours watching people stroll through for similar offences, and given that he will plead the same poverty they did.
I expect a fine of between £120-£250 for the failure to have insurance, or driving without a licence (as it appears it will be one of those) and between a 6-12 Month disqualification for having 12 points.
Each Magistrate is different but those are the averages I have witnessed for these sorts of crimes in East London and I suspect they have guidelines that apply across the country to keep Justice fair and even for all.
Sorry for the short answer earlier, I was a bit busy and it appeared the question had already been answered.
Ooooo I thought points meant prizes
Mel,
My hunch (two pennies worth) is that you shouldn’t continue teaching him until the court has decided the outcome. That may not be correct, but it’ll be the safe option (for your job) in my opinion. The fact he’s managed to rack up 8 points on a provisional tells a story in its self - I’ve not got more than 6 in 20 yrs (both for SP30 offences)! Would somebody at Cardington be able to give you an answer/advice?
Technically, what I learnt from my forensics masters, most of what Broady said. Only a judge can issue him the disqualification. Potentially, depending on the crime, he may not get 6 points, however, crimes that admit to 6 points (and no less) are things such as having no insurance (and I can’t say I’m surprised with how much insurance has gone up this year. I think it’s crazy. Be interesting to see the police force statics on the increase amount on endorsements of no insurance on motorists in the UK)
Questions you ask:
Can he still ride his ped: Yes, but I hope he gets insurance if he hasn’t got any already. I hope he Learns from his previous experience.
Can you still teach him: Yes. However, he has surrendered his license. Don’t you have to check this at the start of every lesson (it’s been many years since I had my car lessons) even if you know the student?? If so, then its a no. He failed to have the appropriate paperwork and it then falls onto you as the instructor, for not complying to regulations.
Cover your ass and not bother taking him. Taking his brother sounds like a good idea, but just refund him if it comes to it.
Back to the question of does he still have a licence …
Yes, the Police would not take his licence from him, assuming it’s in order they can’t. He would have surrendered it to them, probably at a nominated Police Station. Where a temporary covering note that acts as a driving licence should have been issued, it’s part of the FPN paperwork that gets filled out at the Police Station where the licence is surrendered.
Ask to see the paperwork the Police would have left him with.
thankyou for the replies,
Suzuki angel: we dont check the licence at the start of every lesson, we check it when they start learning.
Broady, kaos and art : thankyou it clarifies things a lot
What Broady said… The police are not the law, they just enforce it. Only a court can impose bans and revoke licenses.