cowboy1403 Posted May 11, 2013 Report Share Posted May 11, 2013 Is there a law other than after a drink drive ban with a order to re-take test to get your licence back before you can drive? Quote Link to comment Share on other sites More sharing options...
welsh1 Posted May 11, 2013 Report Share Posted May 11, 2013 A gentleman who decided to drive down the road with me on his bonnet got banned for a year and was ordered to take an extended driving test at the end of the year to get his licence back,so it looks like the courts can order that you take your test again. Quote Link to comment Share on other sites More sharing options...
happypig Posted May 11, 2013 Report Share Posted May 11, 2013 Yes an extended retest can be ordered after disqualification for things like dangerous / careless driving.... Usually applied to the serious offences Yes an extended retest can be ordered after disqualification for things like dangerous / careless driving.... Usually applied to the serious offences Quote Link to comment Share on other sites More sharing options...
cowboy1403 Posted May 11, 2013 Author Report Share Posted May 11, 2013 what i want to know is,do you have to have the licence in you hand so say to drive. what i mean is if you get banned for tot up (more than 12 points)and banned for 1 year you have to surrender your licence to the court. after that year is up is there a law that says you have to have the licence in your hand before you drive again. Quote Link to comment Share on other sites More sharing options...
robbiep Posted May 11, 2013 Report Share Posted May 11, 2013 You mean do you have to re-apply, or does it automatically get re-instated ? Quote Link to comment Share on other sites More sharing options...
welsh1 Posted May 11, 2013 Report Share Posted May 11, 2013 what i want to know is,do you have to have the licence in you hand so say to drive. what i mean is if you get banned for tot up (more than 12 points)and banned for 1 year you have to surrender your licence to the court. after that year is up is there a law that says you have to have the licence in your hand before you drive again. All the info you need. http://www.drivingban.co.uk/drivingban/banneddriving.htm#How_do_I_get_my_licence_back_after_a_ban And the answer to your question, How do I get my licence back after a ban?For bans of less than 56 days, the DVLA should return the licence to you automatically when the ban has expired. If you do not receive the licence, contact the DVLA direct. If the disqualification is for more than 56 days, your licence will automatically be revoked. As a result, you have to formally apply for a new licence, which requires making an application and paying a fee. If you fail to make a formal application, the licence will still be invalid, regardless of the fact that the disqualification has been served. Quote Link to comment Share on other sites More sharing options...
cowboy1403 Posted May 11, 2013 Author Report Share Posted May 11, 2013 long story short i need to beat a driving not in accordance charge. Quote Link to comment Share on other sites More sharing options...
robbiep Posted May 11, 2013 Report Share Posted May 11, 2013 You need the documents you were given when convicted and banned. They would have told you what you needed to do to get your licence back Quote Link to comment Share on other sites More sharing options...
cowboy1403 Posted May 11, 2013 Author Report Share Posted May 11, 2013 ok the long version Quote Link to comment Share on other sites More sharing options...
cowboy1403 Posted May 11, 2013 Author Report Share Posted May 11, 2013 about 19 years ago i got a 1 year ban for tot up.after the year was up i sent of for my licence but did not send the payment,be young and stupid got on my high horse and put a letter in with it saying that as i had been fined and banned i didn`t think i should have to pay more money just to get a piece of paper back. Quote Link to comment Share on other sites More sharing options...
Medic1281 Posted May 11, 2013 Report Share Posted May 11, 2013 So are you saying that you've been driving without a license for 18years?! Quote Link to comment Share on other sites More sharing options...
cowboy1403 Posted May 11, 2013 Author Report Share Posted May 11, 2013 a few months later i`m back in court on a few charges one of them being failure to produce.(this was before they checked on computer)now i`m assuming that when drawing up the charges they would check to see if i had a licence with dvla and that if i was still banned or my licence was revoked then i would have charged with it in some way.i wasn`t so the cps must of accepted i had a licence. Quote Link to comment Share on other sites More sharing options...
cowboy1403 Posted May 11, 2013 Author Report Share Posted May 11, 2013 got to go out for 1/2 hour will carry on when back Quote Link to comment Share on other sites More sharing options...
saddler Posted May 11, 2013 Report Share Posted May 11, 2013 (edited) about 19 years ago i got a 1 year ban for tot up.after the year was up i sent of for my licence but did not send the payment,be young and stupid got on my high horse and put a letter in with it saying that as i had been fined and banned i didn`t think i should have to pay more money just to get a piece of paper back. So are you saying that you've been driving without a license for 18years?! Very much looks like it...if he didn't pay DVLA for a replacement, then he never got a new licence I'd not be surprised if the courts took a very very dim view...esp. as the original licence was taken as result of a one year ban NOT sending the money in with the application can be put down, as you said, to being "young & stupid" & not having a dig, but the courts are probably going to look at you NOW as old(er) & stupid - as almost 2 decades have passed & you have not sent another appliaction in... If you get off with a only fine & another ban, count yourself as lucky...IF they view this as driving while still disqualified, it may be a custodial sentence - do hope for your sake that it's not the latter Any insurance you have will likely be invalid now too... IF I was you I'd lodge my guns with an RFD prior to court & provide the police with a copy stating this, as this may minimise any knock on effect to your licence... If it was a mate of mine or a relative coming out with the information above, I'd tell them to drop whatever they are doing and call a good solicitor NOW...get some damage limitation done as soon as you can Good luck with it Edited May 11, 2013 by saddler Quote Link to comment Share on other sites More sharing options...
cowboy1403 Posted May 11, 2013 Author Report Share Posted May 11, 2013 on this occasion i recieved points.fast forward several months and i`m back in court on the same charges as before.again no charge for no driving licence but banned on tot up again. Quote Link to comment Share on other sites More sharing options...
cowboy1403 Posted May 11, 2013 Author Report Share Posted May 11, 2013 Very much looks like it...if he didn't pay DVLA for a replacement, then he never got a new licence I'd not be surprised if the courts took a very very dim view...esp. as the original licence was taken as result of a one year ban NOT sending the money in with the application can be put down, as you said, to being "young & stupid" & not having a dig, but the courts are probably going to look at you NOW as old(er) & stupid - as almost 2 decades have passed & you have not sent another appliaction in... If you get off with a only fine & another ban, count yourself as lucky...IF they view this as driving while still disqualified, it may be a custodial sentence - do hope for your sake that it's not the latter Any insurance you have will likely be invalid now too... IF I was you I'd lodge my guns with an RFD prior to court & provide the police with a copy stating this, as this may minimise any knock on effect to your licence... If it was a mate of mine or a relative coming out with the information above, I'd tell them to drop whatever they are doing and call a good solicitor NOW...get some damage limitation done as soon as you can Good luck with it not to be charged on 1 occasion is lucky 2 times is really lucky but from memory there is at least another 6 possibly more time i have been in court and i have never been charged with not having a licence.this leads me to believe that just because they say you have to apply for your licence back it is not the law. Quote Link to comment Share on other sites More sharing options...
robbiep Posted May 11, 2013 Report Share Posted May 11, 2013 You need a solicitor : a proper one, that you pay for. This could be very messy Quote Link to comment Share on other sites More sharing options...
saddler Posted May 11, 2013 Report Share Posted May 11, 2013 not to be charged on 1 occasion is lucky 2 times is really lucky but from memory there is at least another 6 possibly more time i have been in court and i have never been charged with not having a licence.this leads me to believe that just because they say you have to apply for your licence back it is not the law. Thats beyond lucky If I send you £5 will you buy me some lottery tickets ?? It may be worth you checking into this though... Quote Link to comment Share on other sites More sharing options...
cowboy1403 Posted May 11, 2013 Author Report Share Posted May 11, 2013 so this has taken place years ago and i haven`t been it court for over 10 years.about 6 or 7 years ago i was involved in an accident someone ran out in front of me and i hit them at 45mph in my disco.police attended and as it could have been fatal they had to do everything by the book.they done all the checks over the radio including licence and driver checks insurance i and mot check.all was fine but they did mention that i didn`t have a physical licence,so it was on there system,they even wrote my licence number down for me.they still had to give me a producer for my docs as i hadn`t produced them but said just to tell them at the station that i didn`t have a physical licence but this was my number that i may or may not get done for failing to produce.no charges were brought. Quote Link to comment Share on other sites More sharing options...
cowboy1403 Posted May 11, 2013 Author Report Share Posted May 11, 2013 know for the latest charges.something has changed but can`t work out for sure what.as far as i`m concerned i`m driving around fully legal been stopped by police once for a break light not working plus a few times in the christmas and summer drink driving crack downs checks are done go on my way.seeing as driving without a licence is an offence then i`m sure it would show up and i would have been done. in january of this year my car was hit by another car police called and turn up this is where things have changed,they do there radio checks and the pc come back and says my licence has expired not revoked but expired,so i say how can that be my licence don`t exen pire until my 70th birthday.and to re-check with dvla as to when it expired but they couldn`t tell me but they cautioned me anyway and said that as it was on the system as expired if i was stopped again my car would be towed. the only thing that is different now from before is that if i had a photo licence from when they were first issued it would be over 10 years old and would be expired.but as i have never had or even applied for a photo licence how can it expire. Quote Link to comment Share on other sites More sharing options...
cowboy1403 Posted May 11, 2013 Author Report Share Posted May 11, 2013 now for the last piece of the problem.i thinking now that it`s on the system as expire and i`m stopped they are going to take my car.so i`ve bitten the the preverbial bullet and had to get a physical licence. so i`ved filled in the form filled in the section for getting licence back after ban got me photo`s done got them counter signed (by a traffic police officer just to rub it in)put in a cheque for £65 and sent it off. 2 weeks later my nice new licence comes in the post.the next day i recieve a refund cheque from dvla for £65.why have the dvla given my money back??? is it because i had a licence and have just up-graded to a photo licence because there free. just another point to think on too,insurance companies will do what ever they can not to pay out on a claim,i`m sure one of the first things they would do is check to see if the driver had a licence to drive and if not sorry we cant pay out your not insured. Quote Link to comment Share on other sites More sharing options...
henry d Posted May 11, 2013 Report Share Posted May 11, 2013 (edited) **Edited** Edited May 11, 2013 by henry d Quote Link to comment Share on other sites More sharing options...
cowboy1403 Posted May 11, 2013 Author Report Share Posted May 11, 2013 (edited) just to answer a question.yes i have changed address since my licence was first issued and changes of address are free but again to do a change of address must mean you have a licence to change address on. the dvla is a business they need to make money or whats the point of it.they provide a service and produce a product which it then sells to you.if they can charge you for something then they will no business like to give it`s products away for free. Edited May 11, 2013 by cowboy1403 Quote Link to comment Share on other sites More sharing options...
Dougy Posted May 11, 2013 Report Share Posted May 11, 2013 From going on your posts I think you get back to a push bike until you can understand the highway code a little better. And while your at it try and see if you can pass your cycling proficiency test. Quote Link to comment Share on other sites More sharing options...
cowboy1403 Posted May 11, 2013 Author Report Share Posted May 11, 2013 From going on your posts I think you get back to a push bike until you can understand the highway code a little better. And while your at it try and see if you can pass your cycling proficiency test. this makes no sence whats it got to do with the law? Quote Link to comment Share on other sites More sharing options...
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