Question

Difficulty: MediumLicence Penalty Points and New Drivers Act

Under the Road Traffic (New Drivers) Act 1995, a motorist whose driving licence is revoked after reaching six penalty points within two years of passing their test is subject to a statutory six-month driving ban before they may apply for a new provisional licence.

Answer: Answer

Answer

False. Licence revocation under the New Drivers Act does not impose a mandatory ban period; the driver can apply for a provisional licence immediately to begin the retesting process.
The statement is false because licence revocation under the Road Traffic (New Drivers) Act 1995 does not impose a statutory waiting period or fixed-term driving ban. An affected driver can apply for a replacement provisional driving licence immediately and book both the theory and practical driving tests as soon as they receive it.

Step-by-Step Solution

1
Identify the specific legal consequence mandated by the Road Traffic (New Drivers) Act 1995 when a driver accumulates six or more penalty points within their two-year probationary period.
The driver's full licence is revoked by the DVLA rather than suspended under a court-imposed fixed-term disqualification.
The Act establishes administrative revocation to ensure inexperienced drivers must re-qualify, which operates differently from a judicial driving ban.
2
Evaluate the re-application timeframe and procedural requirements following licence revocation.
The motorist can apply for a provisional licence immediately, without serving a statutory ban, but must pass both the theory and practical tests again to regain a full licence.
Because no mandatory waiting period exists for revocation under this Act, the claim that a six-month ban applies is legally inaccurate.

Key Concept

Distinction between licence revocation under the New Drivers Act and a court disqualification
Estimated Time:45s
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