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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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I have recieved my 4 year driving ban . The Court has said

Customer Question

I have recieved my 4 year driving ban . The Court has said I can get it back 1 year early as from 1st Feb 2014. DVLA timings makes me fear that I will not get my licence back by then ( a medical is apparently required). I have a valid Dutch licence. What is the penalty for me driving after 2nd Feb in such a case?.

Stephen May
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

If you are driving during a court ban then that will be driving whilst disqualified which is a more serious offence than most people think. Usually you don't go to prison on a first offence but you do get a community order.

If the court ban has ended but the DVLA have revoked your licence on medical grounds then continuing to drive is just driving not in accordance with a licence. That will also invalidate your insurance which will mean it will lead to 6 points and a fine.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Thank you. But I have a valid Dutch licence- is the issue here insurance? I am not anticipating my licence being revoked on medical grounds, rather that the end of the ban will come into force before DVLA procedures are complete.


 


Stephen May

Expert:  Jo C. replied 3 years ago.
It doesn't matter.

You cannot drive at all in the UK whether you have a Dutch licence or not.

In fact, at least theory, you should not be able to drive in Holland either as EU member states should be recognising each other's bans although that is a very optimistic view of the efficiency of the EU.
Customer: replied 3 years ago.

But I will not be banned from driving then!!


 


Stephen May

Expert:  Jo C. replied 3 years ago.
Only if the DVLA do not revoke.

If the DVLA then you won't be banned but you will be revoked.
Customer: replied 3 years ago.

What is the penalty for this please?


 


Stephen May

Expert:  Jo C. replied 3 years ago.

If the court ban has ended but the DVLA have revoked your licence on medical grounds then continuing to drive is just driving not in accordance with a licence. That will also invalidate your insurance which will mean it will lead to 6 points and a fine.
Customer: replied 3 years ago.

Sorry, we are going round in circles here. Please forget the medical grounds! The time it will take for the DVLA to give me my licence back will probably be longer than the time of the ban. I could be driving before the period administrative period is complete.


 


Stephen may

Expert:  Jo C. replied 3 years ago.
The administration issue is revocation.

For any ban of more than 56 days, the DVLA revoke automatically. You have to apply for your licence back. Until it is granted, the licence is invalid.

The DVLA should send you an application form 90 days before the end of the ban although that is another optimistic view of the efficiency of a public body.
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’