How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69372
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

What legal basis does a UK magistrates court have to request

Customer Question

What legal basis does a UK magistrates court have to request surrender of a foreign drivers licence (non EEA state - Australian) following a driving suspension under the provisions of Road Traffic Offenders Act 1988, Road Traffic Act 1988 or any other relavent legislation or acts?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

-Could you explain your situation a little more?

Customer: replied 2 years ago.

I was recently convicted of a drink driving offence by a UK magistrates court. I am a temporary resident and have been residing in the UK for approx one year under a visa and have been driving with an Australian drivers licence. As a result of the conviction I was ordered to surrender my Australian licence to the DVLA as I was advised by my solicitors for the hearing not to have it present in case they asked for it. I am about to leave the country in 2 days however surrender of my licence will have ramifications elsewhere and I would like to know what legal basis they have to request surrender as from my research conducted it appears that there is no provisions under the acts regarding foreign licences only community licences from EEA states?

Expert:  Jo C. replied 2 years ago.
I'm not sure why you think they don't have provision to demand a foreign licence?

Which legislation are you thinking of?

This is post conviction?

If this is post conviction then it is for you to prove your entitlement to drive to avoid a risk of a charge for driving without a licence.

If you don't supply a licence then the DVLA will revoke your entitlement to drive. They can only do that with a British licence. They do not have powers to revoke any other licence although with some countries with do have a mutual reocognition of bans but that doesn't apply here.

What they cannot do though either way is revoke your Australian licence from allowing you to drive in Australia.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Sorry this does not really answer my question.


 


This is post conviction, as mentioned earlier I was ordered by the court at the end of the hearing to surrender my drivers licence to the court official, as I did not have it with me on the day due to previous legal advice I was ordered to surrender it via post to the DVLA.


 


My question was regarding this order to surrender my physical plastic photo drivers licence to the DVLA and what legal basis the court had to make this order, i,e. what specific legislation enabled them to lawfully request this action noting that my licence is from a foreign country?

Expert:  Jo C. replied 2 years ago.
Sorry but I'm abroad I won't be able to conduct research at this time.

I may have some time to check it tomorrow after court.

I will opt out for others to see if anybody else can find it before then.
Customer: replied 2 years ago.

Still no information?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice