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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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My UK Driving licence (then in the form of paper only) was

Resolved Question:

My UK Driving licence (then in the form of paper only) was granted to me when I was about 17 years old (about 50 years ago - I am now 67).

In 1999 I elected to have a photocard. about 5 years after that I went to reside overseas (back to my adopted home of Bermuda, where I have citizenship and a Bermuda Driving licence).

Owing to being widowed last year, I returned to the UK - probably for a year or two only, to console and support my two daughters who are currently in the UK - and find that my photocard has expired.

I was initially not concerned about this, as I know it is legal for me to drive for up to a year in the UK on my Bermuda licence. But that period will shortly expire.

I called the DVLA to find out if it was LEGALLY NECESSARY for me to renew the photocard. I got an equivocal answer along the lines of "Well your paper licence gives you entitlement to drive (until you are 70), but you might encounter difficulties if stopped by the police".

I contacted my local police and was told "you could be fined heavily if you don't have a valid photocard".

Well, what's the truth of the matter. If there is a LEGAL requirement for me to renew my photocard, then of course I shall do it. I would like the precise quotation and number of the relevant clause in any law (eg RTA 1988) which requires me to renew.

If no legal requirement, then I shall not do it - I don't like identity cards and I don't like being forced to give money to the establishment if it's not really necessary.
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. What would you like to know about this?
Customer: replied 3 years ago.

Please read my question - ..."What's the truth of this . . ."

Expert:  Jo C. replied 3 years ago.
So, in short, you want to know if you have to renew your licence?

You only have to renew if you have changed your paper licence to the photocard. You will find the requirements here

http://www.legislation.gov.uk/ukpga/1988/52/section/99

Under S99 RTA 1988 in particular at 99[1][c].

Can I clarify anything for you?

Jo
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Many thanks for your answer.


 


I would appreciate a little more clarity.


 


I said "In 1999 I elected to have a photocard. About 5 years after that I went to reside overseas (back to my adopted home of Bermuda, where I have citizenship and a Bermuda Driving licence)"



You say "You only have to renew if you have changed your paper licence to the photocard.".


 


My understanding WAS that a photocard was an OPTIONAL ADDITION to an existing paper licence.


 


Am I to understand that my photocard actually REPLACES (is a substitute for) my original paper licence?


 


If so, I think you are saying that the section of the RTA that you quote actually OBLIGES ME to renew my "whole licence" (ie photocard and counterpart)..


 


I would further comment that, although I am a highly educated and reasonably intelligent person, I find the act to be almost incomprehensible! Furthermore, it seems an unnecessary bureaucratic imposition to have to have BOTH a photocard and a counterpart!


 


Many thanks,


 


AdrXXXXX XXXXX


 


 

Expert:  Jo C. replied 3 years ago.
Yes, the act is difficult to understand but you asked for sight of it.

The law is simple enough though. You don't have to exchange your licence but if you do then it is only for a certain period of time and thereafter you have to renew.