Ask a Traffic Law Question, Get an Answer ASAP!
hello I am James a solicitor I will assist you.
Prior to traveling back to Malaysia for the month, how long were you in the UK?
Hello Payment for call failed but we can continue here, are you ok with that?
Fine, what is your immigration status in the UK
and am i right in saying that you are ordinarily resident in Malaysia (your home) and just a student in the UK
Ok thank you.
It is a very fine point argument whether you have a license to drive in the UK or not.
Ordinarily, you can drive in the UK with your licence from Malaysia for unto 12 months, then you would need to get a UK licence.
Malaysia is not a designated country with the DVLA so you would not be able to exchange your current licence, you would need to obtain a provisional licence and pass the test.
However, the fine line you could argue, is that you left the county and returned home. You then returned to the UK and therefore your 12 month period to drive has started again. This would be the best argument to put forward in court.
Is your address in the UK your permanent address or your student address?
Thenn you should be fine. If you do not have a permanent address in the UK you are nor classed as a resident, and therefore if you leave and then comeback as you have done then the 12 months start over again when you re-entered the UK.
Many police officers would not be aware of the fine details of the law, thats why they say they would report you form the offence. It then allows them to make enquires and check the law.
If the vehicle was insured and you are a named driver on the policy you will be fine.
After they stopped you, did they let you continue?
What will happe, when they say you will be reported, that means they will make further enquiries and if they find you have committed a driving offence then you would get a letter to go to court. You would then argue your point at court.
However, if they find they have made a mistake you will either receive a letter saying no action, or you may not even hear anything else.
In that case, it is very possible that your friend was actually not insured. It is important to find out from him that he was insured at the time, and that you were named on the policy at that time.
I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. Although you have already paid Justanswer, I won’t be paid for my time from their website if there is no rating left for me
Then it is most likely they were getting an inaccurate reading when they checked for the insurance.
If you do get paperwork in the post to attend court, take a copy of the insurance from that date, also your passport and your driving licence. The court should then sort it all out there and then, and see that you were insured and valid to drive for 12 months.
So on the day you were stopped, was the policy in place or had it expired? If it had expired by how long?
So this happened today?
ok, not a problem. As the policy had expired that would be an offence, yes it would be a summons to court. It could take unto 3 months for that to arrive in the post, they take a long time to sort and post, it could come quicker but unto 3 months.
As the insurance had only really just ran our, and it was a genuine error, you thought it was 12 months but was only 10.
The penalty for the no insurance will be a fine and points on licence.
Yes, argue the point about you leaving the county and then returning and as you are not a permanent resident the law states that your 12 months start again when you re-enter.
Yes, leaving the county and then returning and as you are not a permanent resident the law states that your 12 months start again when you re-enter.so insurance for the car. you should be good to go.
As I said at the start it is a fine line, immigration issue including how long you have been in the UK, over a period of time. It really is a legal argument to take to court. Yes that is an issue it would be a point of law argument to take up in court.
The worst the court can do again is a fine and points.
So both offence would be a fine and points.
Until it goes to court , it would be best not to drive and to apply for you provisional UK licence.
Do that asap, you would not be disqualified from driving and would be good to show to a court.
tests should start again around June 20th.
Most likler, if you were stopped today summons take unto 3 months to send out then the court date on the summons could be 4 weeks after that so you could be looking at a court dat maybe around August/September time.
It really is a fine point of law, base more so on immigration law rather than motoring law.
I would apply for your test as soon as possible so you have it ready for court, then all court will do is fine and give points.
I think that is all you can do. That is the maximum by law, really never applies.
Most likler worst case outcome would be 6 points on the licence and a fine of maybe £300-£500. The fine would be based on income
From experience you would be looking at a total of about £500 it is up to the court, but as a student they would keep it lower.
The best thing could be to speak with a local immigration lawyer near where you live. They would be able to conform for sure what your immigration status would be classed as.