Post by Jonathan Smith on Jan 28, 2005 10:05:29 GMT
www.freelawyer.co.uk/vlawyer/actfile.asp?subject1=4&subject2=5&seq=2&actid=62
Introduction
This offence covers people who drive either without a licence at all, or with a licence but without observing the restrictions or conditions imposed on it. Strictly, this offence is called driving otherwise than in accordance with a licence. “Licence” in this context means simply driving record held at the DVLA.
Summary of the Law
It is an offence under this section to drive a motor-vehicle without a licence which permits you to do so.
It will apply to persons in the following categories:
persons who have never had a licence at all
drivers under age
learner drivers driving alone, without proper supervision, or without displaying ‘L plates’<br>
drivers who are driving vehicles which their licence does not cover
The prosecution need only convince the court, so that they are sure, that the person drove a motor vehicle on a road. It is then up to the driver to show that he had a licence that covered him to do so. The driver need only convince the court that this is probably true.
Key exemptions from this offence cover drivers who come from overseas with non-UK licences and those who have had their licence revoked by disqualification and have re-applied for another one.
Maximum Sentence
This offence can be dealt with only by the Magistrates Court. The maximum penalty is a fine of up to £1000.
Where the driver could not have held a licence to drive in the circumstances he did, even if he had applied for one
The Court may disqualify you from driving for any period and/or order a driving re-test.
In any event the Court will endorse your licence unless there are special reasons not to do so. Special reasons are tightly defined and in most cases they will not be applicable. This offence carries between 3 and 6 penalty points.
Alternatively, the fixed penalty scheme may be used leading to a standard fine and 3 penalty point endorsement.
Where the driver could have held a licence to drive in the circumstances he did, if he had applied for one
A financial penalty alone will be possible.
Legal provision
s87 Road Traffic Act 1988
Introduction
This offence covers people who drive either without a licence at all, or with a licence but without observing the restrictions or conditions imposed on it. Strictly, this offence is called driving otherwise than in accordance with a licence. “Licence” in this context means simply driving record held at the DVLA.
Summary of the Law
It is an offence under this section to drive a motor-vehicle without a licence which permits you to do so.
It will apply to persons in the following categories:
persons who have never had a licence at all
drivers under age
learner drivers driving alone, without proper supervision, or without displaying ‘L plates’<br>
drivers who are driving vehicles which their licence does not cover
The prosecution need only convince the court, so that they are sure, that the person drove a motor vehicle on a road. It is then up to the driver to show that he had a licence that covered him to do so. The driver need only convince the court that this is probably true.
Key exemptions from this offence cover drivers who come from overseas with non-UK licences and those who have had their licence revoked by disqualification and have re-applied for another one.
Maximum Sentence
This offence can be dealt with only by the Magistrates Court. The maximum penalty is a fine of up to £1000.
Where the driver could not have held a licence to drive in the circumstances he did, even if he had applied for one
The Court may disqualify you from driving for any period and/or order a driving re-test.
In any event the Court will endorse your licence unless there are special reasons not to do so. Special reasons are tightly defined and in most cases they will not be applicable. This offence carries between 3 and 6 penalty points.
Alternatively, the fixed penalty scheme may be used leading to a standard fine and 3 penalty point endorsement.
Where the driver could have held a licence to drive in the circumstances he did, if he had applied for one
A financial penalty alone will be possible.
Legal provision
s87 Road Traffic Act 1988