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Your legal obligations as a driver The Road Traffic (New Drivers)
Act 1995

The Road Traffic (New Drivers) Act 1995

A government initiative to reduce casualties among newly qualified drivers and those incurring endorsable traffic offences within a period following the first driving test was introduced in 1995 and took effect from 1 June 1997.

The Road Traffic (New Drivers) Act 1995 affects you if you first passed a driving test on or after 1 June 1997 when it came into force.

How the Road Traffic (New Drivers) Act 1995 affects you

If you reach six or more penalty points on your driving licence within two years of passing your driving test, ie during the probationary period, your driving licence will be revoked. The Driver and Vehicle Licensing Agency (DVLA), acting on behalf of the Secretary of State, will automatically revoke your driving licence when notified by a court or fixed penalty office. There is no right of appeal against revocation under the provisions of the act. You may only appeal against the conviction, which led to the revocation of your driving licence.

If you have incurred any penalty points prior to passing your first test, these are also taken into account if you commit any further penalty point offences during the probationary period of two years. Points incurred after the probationary period has expired will also count if the offence was committed during the probationary period. Passing a retest does not remove penalty points from your licence, and if the total reaches 12, you are liable to be disqualified by a court.

How to regain your full licence

As the Road Traffic (New Drivers) Act 1995 reverts your driving status back to learner, you must follow the same procedures as a first time applicant ie pay the current application fee for a new provisional licence. An exchange fee will also be charged when converting the provisional to full. A full licence cannot be granted to you until you obtain a provisional licence and passed the relevant driving test.

Full entitlement to all categories of vehicle previously held will only be reinstated upon passing a test in any one of the driver's previously held entitlements. A successful test for entitlement to a category of vehicle not previously held will result in a full licence for that category only.

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