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Education | ED04 | Summer 2017

A Wealden Times & Surrey Homes Magazine

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<strong>Education</strong> Magazine<br />

Safe Journey<br />

Motorists’ lawyer David Barton<br />

explains how the law differs for<br />

new drivers and gives his advice<br />

for staying out of harm’s way<br />

freeimages.com/CYazici<br />

Road traffic law can be complex and the internet is<br />

full of inaccurate information. Most laws apply to<br />

all drivers but there are some that apply just to new<br />

ones. A new driver is someone who is in their “probationary<br />

period” and that is a period that runs exactly two years<br />

from the date you pass your test. Most newly qualified<br />

drivers are young but the law applies whatever your age.<br />

Some road traffic offences result in a straight disqualification<br />

but many lead to penalty points. You need to understand how<br />

this works.<br />

• If you get 6 or more penalty points as a result of offences<br />

committed in your probationary period your licence will be<br />

automatically revoked and you won’t be able to drive. You will<br />

have to apply for a new provisional licence and retake the theory<br />

and practical tests. You should be very careful to note the exact<br />

date you passed your test because even offences committed during<br />

the last few days of the two year period will count against you.<br />

• The penalties for mobile phone/device use have just<br />

increased from 3 to 6 points, so if you even pick it up you<br />

risk having your licence revoked. If you have an accident<br />

because you are distracted by your phone the penalties<br />

are far more severe and include prison. My advice is<br />

don’t do it. The police are really hot on this now.<br />

• Speeding offences carry a minimum of 3 points and so two<br />

modest ones in two years will lead to a licence revocation. Fines<br />

for serious speeding offences have just been increased and the<br />

courts are treating them much more harshly. You can also be<br />

disqualified for speeding even if it’s your first offence. This<br />

will also result in a big increase in your insurance premium.<br />

• Check you are properly insured for the type of driving you<br />

do and extend it for work if you need to. It’s your responsibility<br />

to check you have proper insurance. Many new drivers use<br />

cars that are in a family pool policy, where someone else<br />

makes the arrangements. If that person makes a mistake and<br />

the car is not insured, you will be responsible. If you are not<br />

insured properly your car will be impounded by the police<br />

and driving without insurance carries 6 penalty points. That<br />

will lead to licence revocation. So just check it’s all in order.<br />

• Don’t try and guess how much alcohol you can drink and<br />

stay under the legal limit. It varies from person to person<br />

and guessing is risky. It’s not difficult to be just over the<br />

limit, even if you feel ok. Again, the best advice is don’t do<br />

it. You will be banned for at least 12 months with a criminal<br />

record that could be a problem with job applications and<br />

travel abroad. The cost of insurance will shoot up and you<br />

may not be able to afford to drive again for a long time.<br />

David Barton can be contacted on 01580 292409 or<br />

07876 711708 and see his website motorists-lawyer.co.uk<br />

wealdentimes.co.uk<br />

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