Driving Not In Accordance With A Licence

Driving not in accordance with a licence or driving without a licence, as it is often more commonly referred to, is a motoring offence that drivers can be convicted of if they are caught driving, or causing others to drive, on UK roads, without the proper documentation that permits them to do so legally.

The most obvious of crucial element of driving is ensuring you hold a full valid driving licence and have passed all relevant tests before driving. UK motoring law requires that anyone driving a motor vehicle in a public place, should have a valid driving licence that permits them to drive the relevant class of vehicle being driven.

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Talk to our expert motor defence solicitors:

call 0333 443 2366 or send an enquiry.

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Legislation

Driving without a licence is a criminal motoring offence, subject to Section 87(1) of the Road Traffic Act 1988, which states; ‘It is an offence for a person to drive on a road a motor vehicle of any class, otherwise than in accordance with, a licence authorising him to drive a motor vehicle of that class’.

It is also a criminal motoring offence to permit another person to drive your vehicle, otherwise than in accordance with a licence. This is subject to Section 87(2) of the Road Traffic Offenders Act 1988, which states; ‘It is an offence for a person to cause or permit another person to drive on a road a motor vehicle of any class, otherwise than in accordance with a licence authorising that other person to drive a motor vehicle of that class’.

Sentencing Guidelines

The Sentencing Council outlines all sentencing guidelines for offences of this nature. The Sentencing Guidelines for this offence are simplistic in nature. A motorist found guilty of this offence, is subject to a penalty point endorsement of three to six penalty points and a minimum of a Band A fine (50% of your weekly income).

There is also special consideration applied by way of an aggravating factor, if the motorist has not ever held a full valid licence.

What Should I Do If I Don’t Have The Right Licence?

Whether it’s a motorbike, family car, minibus or lorry, you must have a driving licence that shows you have passed the necessary tests and are able to drive this class of vehicle safely and competently on UK roads.

At Caddick Davies Solicitors, we specialise in the representation of motorists who find themselves up against the charge of driving without the right licence.

If you find yourself in the situation of  being caught driving without the right licence or have received a summons or postal requisition for the offence of driving otherwise than in accordance with a licence, then our team of expert motoring solicitors can answer your questions and help to minimise any penalties, points, disqualifications, and fines made against you in court.

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Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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How Can I Be Charged With This Offence?

 To be charged with this offence, police must be able to prove that you were driving a vehicle without a relevant licence when required to do so. This can take many forms, the most common and simplistic being, when an individual only holding a provisional licence is caught driving alone.

With respect to being charged with the offence, this can vary dependant on circumstance present, which include but are not limited to:

• Being pulled over by a police officer for another offence, such as driving without insurance or speeding, which has resulted in the officer discovering you do not hold a valid driving licence.
• Being reported by another individual for driving without a licence.
• Being involved in an accident, where upon investigation, it has become apparent you do not hold a valid licence.
• Being nominated as the driver of a vehicle involved in the commission of a motoring offence, by another motorist (by way of S172 response).

Once you are charged with the offence, it then becomes your obligation as the accused to prove that you were driving in accordance with a valid licence at the time of the alleged offence. If you cannot provide a valid licence as proof when requested then you will be subject to the relevant penalty for this offence.

When Might You Be Driving ‘Not In Accordance With A Licence?’ 

The Road Traffic Act 1988  clearly sets out the requirements that all drivers in the UK need to adhere to in order to drive legally in the UK. To drive legally in the UK, you must have a valid driving licence that is in date and permits you to drive the class of vehicle that you wish to drive on public roads.

Due to the nature of this offence, we find offenders act otherwise in accordance with this law both knowingly and accidentally in the following situations:

• driving a category of vehicle that your licence doesn’t permit such as a coach, van or bus without having the additional licence category record on your driving licence to enable you to do this,
• driving unsupervised whilst only holding a provisional driving licence
• learner drivers using a car without displaying L plates
• driving when your licence has been revoked
• driving in the UK on a driving licence that is issued in another country and doesn’t cover you for the class of vehicle you are driving in the UK
• driving in the UK beyond the designated period without converting your foreign licence to a UK.

If you permit or cause another individual to drive a motor vehicle of any kind on a road when they don’t have the appropriate licence or category on their licence, then you could be convicted of driving not in accordance with a licence. Examples of when this may happen include:

• supervising a learner driver without complying with the rules for provisional licence holders; and
• allowing someone to use a/your vehicle when it is known that they do not hold a valid driving licence.

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Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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Driving with an Expired Licence

It is important to note that driving licenses expire every 10 years and you must ensure that you renew your licence when this occurs. There are a number of other circumstances where a renewal may be required, namely:

• Renewal of your licence if you are over 70
• Renewing a 5-year bus or lorry licence
• Renewing a short-term medical licence

Renewing your licence may require certain specific steps such as showing you are still fit to drive or completing a medical examination. However, for most people renewing your licence is as simple as completing the online form and updating your licence picture.

What are the requirements for Motorbike Licences?

When it comes to motorcycle licences there are additional considerations that riders must have. There are four main types of motorcycle licence with the following general requirements:

• AM
  • Requiring a Compulsory Basic Training (CBT) test and theory test
  • This licence relates to those who are 16 years of age
  • It allows riders to use a moped with a maximum speed of 45km/h
• A1
  • This also requires a Compulsory Basic Training (CBT) test and theory test
  • This licence relates to those who are 17 years if age
  • It allows riders to use a light motorcycle up to 11kw output and no more than 125cc
• A2
  • This is the licence for ‘progressive access’ to a full open licence
  • This licence can be obtained if you have 2 years’ experience on an A1 motorbike and pass a further practical test
  • Alternatively, you must be 19 years of age and complete a further practical and theory test (if not taking the progressive route)
  • It allows riders to use a standard motorcycle which does not exceed a 35kw output and cannot be restricted from a vehicle more than twice its power
• A
  • This is a full open licence
  • It can be obtained by way of ‘direct access’ if you are 24 years of age or over and have completed a CBT, theory and practical test
  • It can also be obtained by progressive access if you have held an A2 licence for 2 years and complete a further practical test.
  • It therefore requires you to be at least 21 years of age

Importantly, motorbike licences can create confusion and uncertainty regularly leading to individuals driving otherwise than in accordance with their licence. Should you be unsure it is always advisable to seek legal advice.

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Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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How Can You Defend Driving Not In Accordance With A Licence?

As with any motoring offence, just because you are charged with the offence does not mean that you are guilty.

You may have a defence to this offence if any of the following apply to your case;

• You (or the other person you allowed to drive) did in fact hold a valid licence. To support this defence, you would need to be able to demonstrate that you or the individual concerned has a full driving licence.
• The vehicle was not being driven by you at the time of the alleged offence. For example; if you have been incorrectly identified as the driver.
• The vehicle was being driven on private land, which did not require you to hold a full licence.

In some cases, you may also be able to advance a ‘Special Reasons Argument’. A Special Reasons Argument which can be used when your circumstances would not amount to a defence, but ought to be taken into consideration by the Court. The requirements for a Special Reasons Argument are defined in R v Wickens (1958) 42 Cr App R 436, which states the argument must:

• Be directly connected with the commission of the offence
• Not amount to a defence in law
• Be a mitigating or extenuating circumstance
• Be a circumstance which the Court ought to take into consideration, when imposing the sentence

For driving otherwise than in accordance with a licence, potential special reasons arguments could include:

• Being required to drive in an emergency situation, with no viable alternative available to you at the time. In order to have reasonable prospects of success with this argument, you would need to be able to evidence that the situation was an emergency, that you contacted emergency services (999/111), evidence of the emergency (witness statement etc.).
• That you held a genuine and honest belief you held the correct/valid licence (for example; you were provided with misleading confirmation of the same from a family member or employer).

Defence teams may also be able to utilise other factors such as the distance driven and circumstances surrounding the act which could significantly reduce the penalties imposed.

Caddick Davies understands motoring law inside out, including in-depth knowledge of what vehicles are required to hold licences, classes of vehicles and what is covered by each type of licence.

Combine this with our experience of providing defence in court and being able to identify and present the factual or technical defence that is available for your case, you’re giving yourself the best chance possible of a positive outcome.

The best outcome of a strong and successful defence is that you will be acquitted and no punishment will be imposed and in all cases, by using a qualified lawyer, you would expect a reduction in points, penalties and fines.

Your motor defence lawyer will build your defence case by:

• Reviewing all the evidence and establish the facts of your case
• Build a strong defence based on the facts and evidence available
• Represent you in court
• Provide trusted legal advice throughout the process
• Seek to recover a percentage of the costs of your legal representation for you via a defendant cost order if you are found not guilty

_______________________________________________________________________________________

Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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How Can Caddick Davies Help?

As a highly experienced team of specialist motor defence lawyers, we offer advice and representation for individuals facing motoring offences across the UK.

The specialist team of lawyers at Caddick Davies will assess each driving offence presented to us individually and without judgement in order to provide our honest opinion as to whether the charge can successfully be overturned.

In order to give you the best possible chance of overturning the charge or fine against you or minimising the fines and penalties proposed, in the case of driving not in accordance with a licence, our team will;

• establish the facts about the incident to build a strong case against the charges or penalty issued
• provide a defence counsel that you can rely on in court

Clearly, we can make no guarantees right here as to whether your charge can be overturned as every case is unique. We would need to know and review the specifics of your case, but with over 90% of our defences being successful, we’re confident that we can help you.

From the simplest, to the most complex of cases, we encourage you to give our team a call in the first instance for an informal, confidential discussion.

_______________________________________________________________________________________

Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

_______________________________________________________________________________________

Is Driving Without A Licence The Same As Driving Whilst Disqualified?

Driving without a licence and driving when disqualified are two different offences and are not the same thing.

If somebody is caught driving when disqualified, this is often considered a more serious offence as the offender should have been informed they can no longer drive via a court order. If you have been charged with driving whilst disqualified, but did not receive notification of the same, you may have a defence to this charge. We would advise speaking with one of our motoring experts, who will be able to provide you with free expert legal advice.

Can Driving When Licence Is Revoked Be A Mistake?

As outlined further up in this article, if you have had your driving licence revoked, then you are unable to drive until you have retaken both your theory and practice tests. It is however often the case that some drivers find themselves on the roads when their driving licence has been revoked in genuine error or unbeknownst to them.

For example, if you have been convicted in your absence for a motoring offence carrying a penalty point endorsement of six or more points, resulting in licence revocation.

Can my licence be revoked for medical reasons?

Driving licences can be revoked for a variety of medical grounds, if it is determined this may impact your ability to drive carefully and competently.  In these cases, individuals should not be driving again until their licence has been reinstated which will only happen when they have met the terms imposed at the time of having the licence removed.

In the case of a medical condition being the reason that a driving licence is revoked, then a medical certificate declaring you fit to drive may be needed before you can legally get behind the wheel again – not just when you feel better. Drivers may also be required to retake their driving test as a condition of getting back behind the wheel.

It common for drivers to commit the offence of driving not in accordance with a licence without realising it, especially if there has been a delay in the driver being notified that their licence has been revoked due to postal delays for example.

If your licence has been revoked by the DVLA on medical grounds, we would advise speaking with one of our motoring experts, as these cases are very individual to the driver impacted. We can then advise you on the appropriate action to take.

Neil Davies

Motoring Lawyer at Caddick Davies Solicitors

Caddick Davies is recognised as one of England and Wales’s leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors. We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or “totting up” (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence.

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Neil Davies

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I am a criminal lawyer with over 25 years of experience and specialising in the defence of Road Traffic (driving) prosecutions and the founder and Senior Partner of Caddick Davies Solicitors.

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