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AS SEEN ON
20.07.2021
Driving Licence Revoked Reasons: We May Be Able To Help
If your driving licence has been revoked for any reason, it is effectively withdrawn by the DVLA. This means that you are no longer legally permitted to drive in the UK. This articles will outline the four main reasons why your driving licence could be revoked, along with the next steps that you should take if you find yourself in this position.
Receiving a letter to inform you that your driving licence has been revoked can leave you feeling panicked and worried, especially if your car is your main form of transport. Having your driving licence revoked could leave you unable to get to work, take your children to school and care for the people you love.
If your driving licence has been revoked, you may be wondering what you can do to get it back. The good news is, depending on the reason for the revocation, you could have your licence back in your wallet in a matter of weeks. If you have recently had your licence revoked following a Court hearing or received a notice unexpectedly advising you of the same, we would recommend taking legal advice at your earliest opportunity. A legal expert will be able to advise you on the most appropriate next steps to take to try and regain your licence.
Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for expert legal advice
If your driving licence has been revoked, this means that it has been cancelled by the DVLA. This is different from a driving ban, where you would be disqualified from driving for a set period of time and then be able to drive once the disqualification has been served.
Subject to The Road Traffic (New Drivers) Act 1995, drivers who accumulate six points or more during their initial two year probationary period after passing their test will have their licence revoked.
When your driving licence is revoked, you are required to apply and pay for a new provisional driving licence. You will then be required to pass your theory and practical driving tests again, before you are permitted to drive. This can be extremely daunting for those who have previously experienced difficulty passing their tests in the first instance. It is important to note, in most cases you can make arrangements to re-take your tests straight away without having to wait an extended period of time.
There are four main reasons why a driving licence could be revoked. These reasons are:
Let’s take a look at each of the four reasons why a driving licence could be revoked in more depth.
UK law requires motorists to notify the DVLA of any medical condition which could impair their ability to drive. This could include epilepsy, diabetes, seizures, alcohol dependency, neurological problems, cardiac conditions, eyesight issues such as glaucoma, and sleep apneoa, amongst many other conditions. You must also notify the DVLA if a condition or disability has got worse since you received your licence.
When the DVLA receives the notification of a medical condition, they will conduct an investigation to determine whether the motorist is able to continue to hold a driving licence. This may involve the DVLA contacting your doctor, arranging for you to be examined or asking you to take a driving assessment or eye test.
As a result of this investigation, the DVLA can decide one of four things:
If the DVLA determines that the driver is unsafe to drive due to their medical condition or disability and their licence will be revoked; the motorist will be sent a letter outlining the same and whether they can reapply for their licence at a later date. If you have received a letter of this nature, you can still try to:
If you have found yourself in this position and our considering appealing the decision, our motoring experts can assist you with trying to regain your driving licence. During a free initial consultation, we can discuss your circumstances/case in depth and advise you on if you have reasonable prospects of appealing the decision made. We can then assist you with the accumulation of supporting documents and evidence and assist you with appealing the decision made.
It is also important to note than you must surrender your driving licence to the DVLA if:
In these circumstances, this is not an indefinite decision and once you meet the medical standards for driving, you can re- apply for your driving licence.
For more information on this, please see our article specifically tailored to medical revocations: https://www.motordefencelawyers.co.uk/driving-licence-revoked-on-medical-grounds-uk/.
When a new driver passes their driving test, they will serve an initial two-year probationary period. During this time, if the motorist accrues six or more penalty points on their driving licence, their licence will automatically be revoked by the DVLA.
If the new driver wishes to regain their driving licence, they will need to reapply for a provisional driving licence and then pass their theory and practical driving tests again.
If you wish to appeal the sentence you received from the Court, which resulted in you accumulating six or more points, you may not need to reapply/re-sit your driving tests. Pursuant to the Sentencing Council, an offender who is subject to a penalty point endorsement, which would result in the revocation of their licence, can ask the Court the disqualify them instead of imposing penalty points. Whilst this would prevent the motorist having to retake their driving tests, this can be a difficult result to obtain as it could be argued this defeats the purpose of a probation period under the New Driver’s Act.
We would always advise contacting a motoring expert to determine if you have reasonable grounds of appealing the decision made and potentially avoiding revocation. Our friendly motoring team will discuss the circumstances surrounding the commission of the offence and provide you will free initial advice as to whether it is in your interests to appeal the decision made.
If a driving licence has been issued in error, the DVLA is able to serve notice on the motorist, revoking their driving licence and requiring the motorist to surrender it. The most common reason for a driving licence to have been issued in error, is where the licence was initially granted on the basis of a fraudulent application.
If your driving licence is revoked due to having been issued in error and you believe a mistake has been made, we would advise contacting the DVLA immediately to determine the reason why decision was made. The DVLA will also be able to inform you on the process of re-applying for your licence and if you need to re-take your theory/practical tests.
Your driving licence can be revoked by DVLA if the motorist has failed to surrender their licence for endorsement.
If you fail to surrender your driving licence to the relevant authorities for endorsement after receiving a penalty, your licence may be revoked by the DVLA. You are required by the DVLA to surrender your licence for endorsement within 28 days of being convicted. Within this 28-day period, you must surrender your licence for endorsement or apply for a duplicate licence if yours is lost. If you have attended Court in relation to the offence, you may be asked to hand your licence in at Court, who will then send this to DVLA. If you do not hand your licence in, you may be asked to send it to the DVLA. The DVLA estimated that last year, 42,000 drivers failed to return their licence for endorsement and consequently had their licence revoked.
When the 28-day period elapses, you will lose your entitlement to drive if you have not surrendered your licence for endorsement. If this occurs, you will then need to renew your licence. This can be done by obtaining a D1 (car or motorcycle) or D2 (lorry or bus) from the Post Office. This will then need to be sent, along with the driving licence fee, to the address on the relevant form.
Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for expert legal advice
If the DVLA decides to revoke your driving licence, you will receive a letter informing you of the decision. Whether or not you will receive any notice before your driving entitlement ends will depend on the reason for the revocation.
If your driving licence is revoked as a result of a medical condition, through being issued in error or under the New Drivers Act, your entitlement to drive will end immediately. If you fail to surrender your driving licence for endorsement, you will have a grace period of 28 days in which you can choose to surrender your licence for endorsement to prevent the revocation from being enforced.
Once the revocation is imposed you are no longer legally permitted to drive your vehicle until you are able to successfully obtain a new driving licence.
Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for expert legal advice
Whether or not you can appeal your driving licence revocation will depend on the reason for which it has been revoked.
If your driving licence is revoked as a result of a medical condition, you can appeal the decision. To do this, you will need to make a written application to your local Magistrates Court within 6 months. You will need to provide medical evidence from your doctor or a specialist to demonstrate your ability to drive safely.
If your licence is revoked as a result of receiving six penalty points within your first two years of driving, there is no appeals process if you have accepted the Fixed Penalty and have plead guilty the offence. The only way to prevent the revocation is if you wish to contest the alleged offence or if the revocation is the result of a court hearing, you may be able to appeal the decision to a higher Court.
If your licence has been revoked as a result of it being issued in error, you may be able to appeal the decision. However, it’s worth having a specialist motoring solicitor on your side to guide you through the process and present your case to the DVLA and Courts, as this can generally be more complex.
Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for expert legal advice
Finally, if your licence is revoked as a result of failure to surrender your licence for endorsement, you may wish to consider appealing against the original endorsement. It is always best to do this before you get to the stage where your licence is revoked. We would advise contacting a solicitor for advice as soon as possible.
Whatever the reason for your driving licence being revoked, there could be a way forward for you to appeal the DVLA’s decision and regain your licence. However, it is always best to have a specialist motoring defence solicitor on your side before you begin this process. Our expert motoring lawyers can guide you through the appeals process and work with you to prepare the strongest possible defence for your individual case.
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