New Drivers Act / Revocation

For the first 2 years of obtaining your first full licence, a driver is subject to 2 years probation, during which the licence will be revoked if the individual reaches 6 or more penalty points.

Revocation means that the licence is suspended unless and until the individual re–takes and passes both parts of the driving test again. This is automatic if an individual accepts sufficient fixed penalties to reach 6 points. There are, however, ways to prevent revocation via a Court hearing. Whilst it is not possible to present exceptional hardship or other issues as to why revocation should not be imposed, it can be prevented by persuading the Court to impose a punishment that does not include penalty points or reduces the punishment to such that the driver does not reach a total of 6 points.

Motor Lawyers have consistently assisted new drivers in successfully avoiding revocation. Further, the costs of proceeding via this route are often less than the costs that would be incurred by having to re–take the test, and obviously, avoids the inconvenience of awaiting the re–issue of the licence, convenient test dates etc.

Frequently Asked Questions

When does the 2 year probation start?

From the date that you passed the practical test and entitlement to a full licence commenced, but on the basis that the licence is then requested. If you do not apply for the licence within the time period stipulated, the entitlement elapses, you will need to take both parts of the test again and will then still be subject to the New Drivers Act.

I already have points on my provisional licence and committed a further offence before I passed my driving test. Will I now lose my licence as soon as I pass?

No. The points imposed on your provisional licence will be transferred to your full licence on the basis that they are still valid, but will not trigger revocation. Revocation would only occur if you committed a further offence within 2 years of passing your driving test.

I held an EC licence and have recently transferred it to a UK licence. Am I still subject to the terms of the New Drivers Act?

You would only be subject to the terms of the New Drivers Act if you passed your EC driving test within the last 2 years. If you have simply exchanged the licence and passed your test more than 2 years ago, you are no longer subject to the probationary period.

I passed my driving test in South Africa and exchanged it for a UK licence years ago. I have recently taken a UK motorcycle test. Why am I now subject to the New Drivers Act?

You have not previously taken a UK test and therefore were not subject to the New Drivers Act. In order to add the additional licence group, you have taken a full UK test. This is the first UK test that applied to you and thus triggers the New Drivers Act.

If I accept the penalty points and re–take my test, will that mean that the licence is wiped clean and I start afresh?

No. If your licence is revoked and you then pass the test again, the licence is re–issued and all valid points will remain effective. Re-taking the test does not wipe the slate clean. That would only occur if you were totted up and disqualified, typically for 6 months, under the totting up process.

If my licence is revoked, am I allowed to use any motor vehicle?

No. If the licence is revoked, it has the effect of being suspended immediately. You can apply for it to be re–issued as a provisional licence which would then allow you to drive as a provisional driver (ie with L plates/supervising driver as required) but, that is only possible if you physically apply for the licence to be re–issued. If you do nothing, the revocation will be indefinite.