New Driver Provisions

The Road Traffic (New Drivers) Act 1995 introduced special rules for newly qualified drivers. These provisions apply to anyone who passed their driving test after 1 June 1997 and remain in place during the first two years after passing the test.

During this probationary period, a driver who accumulates six or more penalty points will have their driving licence revoked by the DVLA. Revocation means the driver loses their full licence and must reapply and successfully pass the driving tests again in order to regain full driving privileges.

Penalty Points and Provisional Licences

Penalty points received while holding a provisional licence are still counted once a full licence is obtained. This means that points carried over from a provisional licence will contribute towards the six-point limit under the new driver rules.

For example, if a driver already has penalty points from an offence committed while learning to drive, any further offences committed after passing the driving test could lead to the licence being revoked.

However, if a driver passes their test with six or more points already recorded, the licence will not be revoked immediately. Revocation would only occur if another offence is committed during the two-year probationary period.

What Happens If a Licence Is Revoked

If a licence is revoked under the new driver rules, the driver must apply again for a provisional licence. They will then need to pass both the theory test and the practical driving test before a full licence can be issued again.

Once the driver has successfully passed the tests, a new full licence will be issued. Any penalty points that were previously imposed will still remain on the licence.

Importantly, the new driver provisions apply only once. After a driver has regained their licence following revocation, they are no longer subject to the two-year probationary rules.

How Long Penalty Points Remain

Penalty points normally remain on a driving record for four years from the date of the offence, although they are typically considered active for three years when calculating further penalties.

Avoiding Licence Revocation

In certain situations, it may be possible to avoid licence revocation if the court imposes a short period of disqualification instead of penalty points. Because revocation occurs only when penalty points are added to the licence, a short driving ban may prevent the six-point threshold from being reached.

Whether this approach is appropriate depends entirely on the specific facts of the case and the discretion of the court.

Appeals and Licence Restoration

There is generally no direct right of appeal against the administrative decision by the DVLA to revoke a licence under the new driver rules.

However, if a driver appeals against the conviction or penalty points that led to the revocation, their full driving entitlement may be temporarily restored until the outcome of that appeal is decided.