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Jamie-Law
Jamie-Law, Solicitor
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I passed my car driving licence in Poland in 2004 at 18

Resolved Question:

I passed my car driving licence in Poland in 2004 at 18 years of age. Moved to the UK in 2005 and swapped to a UK drivers licence in 2007. I passed my CBT in January 2013.
On 3 March 2014 I received my first ever 3 points (traffic signal offence) on my scooter.
In December 2014 I passed my full Motorcycle licence (A - unrestricted).
On 21 August 2016 I was stopped for speeding by a police officer with radar gun doing 44 in a 30 zone (Sunday morning at the end of a small village, no pedestrians anywhere, the sign indicating end-of-town and speed restrictions withdrawn was already in sight!). I have not yet accepted the fixed penalty notice (issued on 13 September). I was not offered a speed awareness course.
My questions: Am I caught under the "Road Traffic (New Drivers) Act 1995" and consequently will I lose my licence? Or did the two year period commence after I swapped my Polish licence to a UK one in 2007? If I am caught under the legislation, what are my chances to fight this in court to seek another punishment? Will I lose both my car and bike licence or only the bike?
Submitted: 3 months ago.
Category: Law
Expert:  Jamie-Law replied 3 months ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear, what were you caught on? Bike or car?

Customer: replied 3 months ago.
Hi JamieI was caught on the bike
Expert:  Jamie-Law replied 3 months ago.

Ok - then its 2 years from when you passed your test originally so from 2004.

There isn’t another 2 year period if you pass a test for another category of vehicle, eg to drive a heavy goods vehicle.

So you are fine, you wont be caught, as you passed your test in 2004.

Please see website below for more help and confirmation:

https://www.gov.uk/penalty-points-endorsements/new-drivers

Can I clarify anything for you about this today please?

Customer: replied 3 months ago.
Oh that is great news! Although it does seem to contradict the last Q&A on this page:http://www.shiresmt.com/revokeLaw.htmlDo you have any details on the situation with swapped licences from an EU country? I would have thought the two years started in 2007 i.e. after I swapped to my UK licence as per:https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/518243/INS57P-information-on-driving-licences.pdfPage 24 s come bullet point
Customer: replied 3 months ago.
Second bullet point*
Expert:  Jamie-Law replied 3 months ago.

No - its from the date you FIRST passed your test. But whether its 2004 or when you swapped in 2007 then it makes no difference.

Either way you are well inside the 2 years.

Does that clarify?

Expert:  Jamie-Law replied 3 months ago.

Exchanging a licence issued in the EU, the Channel Islands, the Isle of Man or Gibraltar. The two-year period begins from the date you first passed a driving test in your home country.

Therefore its 2004 as I have indicated.
Does that clear it up?

Customer: replied 3 months ago.
Okay, you are basing this on section 1 paragraph 2 (b) (I) of the Road Traffic New Drivers Act 1995?http://www.legislation.gov.uk/ukpga/1995/13/section/1
Expert:  Jamie-Law replied 3 months ago.

Yes, specifically:

(2)For the purposes of this Act, a person becomes a qualified driver on the first occasion on which he passes—

(a)any test of competence to drive mentioned in paragraph (a) or (c) of section 89(1) of the M1Road Traffic Act 1988;

(b)any test of competence to drive conducted under the law of

[F1(i)another EEA State,

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1678
Experience: Solicitor
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Customer: replied 3 months ago.
Great thanks Jamie
Expert:  Jamie-Law replied 3 months ago.

All the best.

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