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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70635
Experience:  Over 5 years in practice
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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: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 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 3 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 3 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 3 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 3 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 3 years ago.

Still no information?