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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice
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Hi. Im Polish living in NI.I was banned from driving 8 years

Customer Question

Hi.
I'm Polish living in NI.I was banned from driving 8 years ago for 12 months and went back to Poland to pass test.About one month ago have been caught speeding as result had to send my driving licence for penalty points to be applied.I have received letter back that since I haven't resat my test in NI I can not drive here and DVLNI will send my licence back to Poland.Can they do that? I have been stopped by Police few times prior to speeding incident my licence has been checked and all was good.Nobody said anything about it.BotXXXXX XXXXXne is that I want my licence to be send back to me as it is valid in other countries and going for my holidays in 2 weeks time and it is very unlikely that will have spare 1000 stg to spend on tickets to Poland on such a short notice.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

When you received your ban was there a requirement for you to sit an extended test in N.I?
Customer: replied 3 years ago.

i think yes but dont know for sure as when I went to court didnt have solicitor and my english was very basic.I got letter teling me that I will have to retest after 12months.I went to Poland and done tests there as at that time ni didnt have test in polish lang.what is strange that I have been stopped by Police and they never said anything.I have got wrriten wcaution for speeding.I have been driving like this for 7 years.If I would have known that I have to pass test here I would have done that long time ago.

Expert:  Jo C. replied 3 years ago.
We are really going to need to get to the bottom of that.

Can you call the DVLA and check?
Customer: replied 3 years ago.

The DVLNI IN Coleraine have informed us that you were disqualified from driving in NI from 23/05/06-22/05/07 and that you have never resat your driving test in NI.As result the DVLNI have sent your Polish driving licence back to the authorities in Poland.This means as you have been driving as a disqualified driver in NI you are now liable for prosecution.


 


This is exact copy of letter that I have received.


 

Expert:  Jo C. replied 3 years ago.
Yes, I understand that but could you call them and find out why they think there is a need to resit?

Not all bans led to an automatic resitting.

You could also call the court but I suspect they won't have this information now.
Customer: replied 3 years ago.

i have to retest as court decided that.all I want is my polish driving licence back.and i have no problem with doing test again.this brings us back to original question.can they take my licence and send back to Poland or not?

Customer: replied 3 years ago.

Bottom line is that I want my licence to be send back to me as it is valid in other countries and going for my holidays in 2 weeks time and it is very unlikely that will have spare 1000 stg to spend on tickets to Poland on such a short notice.

Expert:  Jo C. replied 3 years ago.
Yes, in short they can.

If you are banned in Northern Ireland then your ban should be enforced in Poland.

I realise that this is a very optimistic view of the efficiency of the EU but this is how things should work in an ideal world.

Every country within the member states of the EU should be recognising the disqualification orders of every other country. I know the reality that that is how it should work.

If you are on a ban in Northern Ireland then that should be recognised by the whole of the EU until your ban is lifted in the member state.

It might be worth investigating the Northern Ireland decision because bans with extended tests are unusual.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

I came back to Poland and resat test again and Ni is telling me that it is not valid as I have to do it here?

Expert:  Jo C. replied 3 years ago.
It depends what the Northern Ireland court ordered.

If you ordered to sit an extended test then retaking in Poland would not be sufficient
Customer: replied 3 years ago.

is then Polish driving licence different than NI?only reason I didnt pass test in ni was language barrier.Could you give me legal document stating that Polish licence is different to other EU countries and test passed in Poland not valid?This is what i dont understand.I need legal document stating that court can force me to pass test in NI.I was under impression that we live in EU and have same rights?

Expert:  Jo C. replied 3 years ago.
No, Poland is in the EU now so its licences can be recognised elsewhere amongst member states.

But if the NI court ordered an extended test rather than a resit then this would not be sufficient.

We really won't know unless you get to the bottom of what the NI court ordered.

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