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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 68216
Experience:  Over 5 years in practice.
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I was caught doing 37mph in a thirty area in May 2011 and I

Customer Question

I was caught doing 37mph in a thirty area in May 2011 and I elected to go on a speed awareness course in 2011 and have a letter from the police saying that as I had been on the course "the original offense of speeding has now been cancelled".
In April 2013 I was caught doing 39 mph in a 30 limit area. I elected to pay the £60
fine but I have now had a letter from the Courts and Justice Centre quoting section 2(4) of the Road Traffic (New Drivers) Act 1995. They say I have now accumulated 6 or more points and they will be telling the DVLA to revoke my licence.
This act is for newly qualified drivers. I passed my test in 1951 !! so I don't think it applies to me.

What can I seems there is no appeal procedure.
Submitted: 2 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question and welcome to Just Answer. My name is Jo and I will try to help with this.

Why do they say you are a new driver?
Customer: replied 2 years ago.

For JOMO1972

They merely say that under the Act they quote they have to cancel my licence clearly ignoring the fact that the Act relates to people who have passed their test recently...they must be aware from the details of my licence that I passed the test in 1951.

I think there is some muddled thinking going on in Port Talbot!

Expert:  Jo C. replied 2 years ago.
Sorry if I'm missing the point but why does that mean the new drivers scheme should apply?
Customer: replied 2 years ago.

I think ,for some unknown reason, they are under the impression that I only recently passed my test and they seem to assume I have had two speeding offences in the first two years after passing my test. If this were so they would be justified in cancelling my licence.
I have been caught speeding twice within the past two years but the first offence was wiped out by the police and no points were added to my licence. So the only points on my licence must derive from the second offence. They do not say how many points they are attributing to the second offence merely stating that I have 6 or more points on my licence which they say justifies them in asking the DVLA to cancel my licence.


I have told them my age(88) and the approximate date when I passed my test (1951) but, so far, no response.


Expert:  Jo C. replied 2 years ago.
On the face of it, this must be a mistake.

You are clearly not a new driver. The new drivers legislation only applies to drivers who passed less than 2 years ago.

I've just checked the law and it doesn't apply to people who are even on yearly renews for medical reasons.

In terms of appeal, there is no appeal directly from revocation. However, you can appeal any decision of the DVLA to your local Magistrates Court and thereafter to the Administrative Court.

Can I help further?
Customer: replied 2 years ago.

Thank you very much for your help. I am glad to hear there is a way of appealing the decision if they stick to their misguided guns !!

Expert:  Jo C. replied 2 years ago.
No problem.

They probably will realise their mistake and put it right.

All the best.

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