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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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Do I have to tell the DVLA about speeding fines which were

Customer Question

Do I have to tell the DVLA about speeding fines which were about 8 - 11 years ago when filling in the application for driving entitlement HGV D47P.
"Have you ever had any findings of guilt, fixed penalties and cautions relating to drivers' hours or records, roadworthiness or loading vehicles?"
I don't want any problems on the job. It's already a total nightmare.

Many thanks

Sabine
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.

I know these forms are unhelpful.

My interpretation of that question is that you do not have to declare them because they do not relate to driver's hours or records, roadworthiness or loading vehicles.

However, there are two ways of reading that question. The first is that you only need to declare anything relating to driver's hours or records, roadworthiness or loading vehicles. The second is that you need to declare all findings of guilt and fixed penalties and only cautions relating to driver's hours or records, roadworthiness or loading vehicles.

I think the second would an absurd interpretation so the first must be right.

However, there is a simple way to resolve this. Complete the form manually in manuscript and attach a further letter in which you declare your speeding fixed penalties. Just write in the box "please see attachment one" and then upon attachment one set down that you do not accept that these needs to be declared but nevertheless do so for the avoidance of doubt.

Staple attachment one to the form so it will be adopted by the D47P form.

That way you are covered either way and no jobsworth at the DVLA will give you any problems.

This just an abundance of caution. My view is that interpretation one applies.

Hope this helps. Please let me know if you need more information.

Jo
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Customer: replied 3 years ago.

Many thanks for your help / advice


 


Kind Regards


 


Sabine

Expert:  Jo C. replied 3 years ago.


No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/