If you get six or more penalty points within two years of passing your driving test, your licence will be revoked. You will then revert to being a learner driver and you must take both your theory and practical driving tests again.
New drivers and penalty points
A ‘new driver’ is someone who passed their driving test within the last 24 months. During this time, you are on a probationary period. The law in the UK states that a new driver cannot accumulate six or more penalty points on their licence during their probationary period.
If you do get six or more penalty points as a new driver, your licence will be automatically revoked. You then revert to being a learner driver. This means you must buy a new provisional licence, use L plates and drive under supervision. To regain a full driving licence, you must pass your theory test and practical driving test again.
Once you re-pass your test, the points remain on your full licence for the allocated amount of time. This is usually four years, although it can be up to 11 years. If you face further endorsements as a new driver, you will not have your licence revoked again. Under the New Drivers Act, this only happens once.
However, if you accrue 12 or more points, you will face a totting-up ban. Even if you are a new driver, this is treated in the same way as any other totting up ban – you serve your disqualification and have your licence reinstated. Unless the court stipulates otherwise, you do not have to re-sit your test.
Provisional drivers and penalty points
Learner drivers can also get points on their provisional licence. Unlike new drivers, there is not a cap of six penalty points. Rather, the normal limit of 12 penalty points applies. When you pass your test, any points on your provisional licence will be carried over to your full driving licence.
This is a confusing area of the law, because what happens if you have amassed six penalty points on your provisional licence? Will your licence be automatically revoked once you pass your test? The answer is no, you can still get a full driving licence with six points on your provisional licence. Nevertheless, if you get any more points while on your probationary period, the New Drivers Act will come into force. You will therefore lose your licence.
Make a free enquiry
If you are a new driver and you are facing the prospect of losing your licence, please contact us. We can explore whether it is possible to overturn the penalty points and save your driving licence. Alternatively, it may be that you have completed your probationary period and should not be subject to the New Drivers Act.
For a free initial enquiry, contact us now and speak to one of our experienced driving offence solicitors.