Disqualified driver query

[WeeBriso]

Hi, my friend lost his licence for 12 months while working in Scotland for being over the limit the morning after, he is from Northern Ireland, he has been told by a friend that since he was caught in Scotland but lives in NI he wont have to re do his driving test after his ban, could this be true? any law people on here

 

[Giles]

I would have thought that that is correct. If it was me i'd double check with DVLA that my licence was still valid and there weren't any hicups though.

(so things like, for example, if you've been disqualified by a court you need to hand your licence in.... if you've forgotton to do this, DVLA revoke your licence. you start driving, get stopped by the fuzz, and then face driving with an expired substantive licence... it's definitely worth double checking that all is ok and licence is now valid and correct... ).

 

[siwhite]

As his disqualification was for more than 56 days (so not a Short Period Disqualification) he will have to do something to get his licence back - either retake a Test if stipulated by the Court, or reapply to the DVLA. The law in Scotland is slightly different so take this with a pinch of salt, but definitely advise him to make a call to the DVLA to make 100% sure.

 

[Wizard]

Sorry, no.

That loophole was closed in (IIRC) 2004.

The other loophole for Rep. of Ireland/UK disqualifications not being transferable was closed in 2011. Again, IIRC.

 

[von K]

Sorry, no.

That loophole was closed in (IIRC) 2004.

The other loophole for Rep. of Ireland/UK disqualifications not being transferable was closed in 2011. Again, IIRC.

Sounds right to me. I had an enquiry about this a couple of years back and I'm sure the 're-test' order stands in NI.

 

[WeeBriso]

Ok thanks guys... so you reckon he will have to sit the test again..

 

[skinnersscotch]

He should check with either the licence issuer or a lawyer.

My understanding is that for a ban of only one year, unless stipulated by the court. no retest is necessary. He does, however, need to reapply for his licence.

If when he reapplys for his licence he is asked for proof of passing the retest then he would know for sure.

 

[leasky]

Talking from experience , at the time of the beak passing sentence, a statement shall be given if the accused is required to resit the test.

The resit is more common for Careless / Reckless driving, rather then DD.

Yes, then £50 to add insult to injury when you reapply after that year of walking, taxis, buses and cycling.....

 

[Drofsereb]

Talking from experience , at the time of the beak passing sentence, a statement shall be given if the accused is required to resit the test.

The resit is more common for Careless / Reckless driving, rather then DD.

Yes, then £50 to add insult to injury when you reapply after that year of walking, taxis, buses and cycling.....

On the plus side though, you didn't kill yourself or anyone else....

 

[leasky]

On the plus side though, you didn't kill yourself or anyone else....

Your right, some of those long walks home when pissed were pretty dangerous.

 

[von K]

I read the OP as inferring the guy had been ordered to re-sit.

Leasky and SkinnerScotch are correct. If the court has not stipulated a re-sit, then he doesn't need to do one.

If they have, he does.

 

[Wizard]

I read the OP as inferring the guy had been ordered to re-sit.

Leasky and SkinnerScotch are correct. If the court has not stipulated a re-sit, then he doesn't need to do one.

If they have, he does.

Possibly my fault by not being completely clear..........

The ban and any conditions attached by the court are transferable. If he wasn't told to re-sit by the court, he shouldn't have to re-sit in NI

 

[Oberon]

I was of the understanding that any ban for DD had an automatic re-test, might be worth checking anyway.

John

 

[skinnersscotch]

I was of the understanding that any ban for DD had an automatic re-test, might be worth checking anyway.

John

Drink driving has a mandatory disqualification but does not carry a requirement to resit a driving test.

The requirement for a re-test can be an additional penalty but is only used for offences under Section 5 Road Traffic Act 1988 in exceptional circumstances, perhaps 3rd offence or when addition charges for other offences appear on the summons.

These other offences can include Dangerous Driving, Careless Driving and so on.

I still hold by my previous comment though - check things out with a solicitor or the licence issuing authority.

 

[Betty Swollocks]

The requirement for a re-test can be an additional penalty but is only used for offences under Section 5 Road Traffic Act 1988 in exceptional circumstances

I "THINK" Oberon is right, for Northern Ireland...
all drink driving offences in NI also include an automatic re-test... which is an extended test, 90 mins I think, and the test and licence itself cost a bloody fortune. Also, for some alcohol related offences it also involves an expensive medical.

But the Road Traffic Act doesnt apply in NI.
It's the Road Traffic (NI) Order..... similar, but a bit different.

The anomaly is.... As Wizard said, in recent years a mainland ban now applys in NI, but if mainland doesn't automaticly require a re-test, but NI does.... where does the guy fall?

And as for the licencing agency.... it's even worse. You guys have DVA.... we have DVANI... supposed to be same, but so bloody different.

So try to tell DVANI that just because someone was banned in Scotland, it doesn't mean they require a re-test to have their NI licence returned. Good luck with that.

My licence is in the process of being renewed with DVANI .. I hand delivered the application a fortnight ago....

Form, Passport, photo, fee, a copy of police report saying I have no criminal record, and a letter from me askng them to remove the "not for hire and reward" note on my D1 mini-bus category......

What a bloody can of worms....

"They all say that"

"But I've got a full category D, bus licence... that's why you want my criminal record"

"But, they all say nfhr"

"Yeah, but I can get paid for driving a big bus, but not a small bus, what's that all about?"

"The big bus licence over-rides the nfhr"

"But if I have an accident driving a wee bus the law will say I can't be a professional 'wee bus' driver and get paid."

Going round in circles I am......... tell yer mate to try DVANI and point out the fact that the law is different in Scotland and maybe.... just maybe, he may get it back without a very expensive re-test.

 

[Old Codger]

Lifted direct from DVNI Website

Their Criteria :-
On the surface the medical would look to depend on his initial alcohol levels
Time for a NI Lawyer

"Getting your driving licence back after disqualification

You must apply for a new driving licence before you start to drive after your disqualification period has ended.

You’ll need to:

complete your DL1 form
enclose the payment
a colour certified photograph
appropriate fee
send your completed application to:

DVA (Driver & Vehicle Agency)
Driver Licensing
County Hall
Coleraine
BT51 3TB

If your name has changed you’ll also need to send (along with the above):

original documentation confirming your new name
Identity documents and photograph criteria
Checking service

When to expect your new driving licence

DVA aims to deliver your driving licence to you within three weeks of receiving your application. It’ll take longer if your health or personal details have to be checked. Allow at least three weeks for your driving licence to arrive before contacting DVA. If you’re disqualified for some alcohol related offences, DVA will make medical enquiries before your driving licence can be renewed. These offences are:

disqualified with an alcohol level of over: 200mg in 100ml of blood; or 87.5mg in 100ml of breath; or 267.5mg in 100ml of urine
disqualified twice in 10 years for certain alcohol related offences
disqualified for failing or refusing to give a specimen (blood, breath or urine) for testing

When your licence is issued it’ll have a number of added security features.

The photocard driving licence explained

Driving before your licence is returned

Once DVA has received your valid application you can drive before you receive your licence as long as you:

have held a Northern Ireland or Great Britain licence issued since 1 January 1976 or another exchangeable licence
have made a qualifying application for a licence
aren’t disqualified from driving
haven’t been refused a licence for medical reasons or for failing to comply with medical enquiries
wouldn’t be refused a licence for medical reasons (if in doubt, check with your doctor)
keep to any special conditions which apply to the licence"

More useful Links

The extended practical driving test
The cost of a driving licence
Driver & Vehicle Agency (DVA) contactsexternal link