Driving Licence Offences
Driving Licence Offences in England and Wales
Understanding the Law
In England and Wales, driving licence offences encompass a range of violations related to the status and use of a driving licence. These offences are governed by the Road Traffic Act 1988 and other relevant legislation. Common driving licence offences include driving without a valid licence, driving while disqualified, and driving without the correct category of licence for the vehicle being driven.
Common Driving Licence Offences
1. Driving Without a Valid Licence: This includes driving without ever having passed a driving test or driving with an expired licence.
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2. Driving While Disqualified: Driving when you have been disqualified from driving by a court.
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3. Driving Without the Correct Licence Category: Operating a vehicle that requires a different category of licence than the one you hold. To drive a particular type of vehicle you need an “entitlement” for that category on your licence. Your entitlement may also have additional restrictions.
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4. Failure to Surrender Licence: Not surrendering your licence when required by law, such as when it has been revoked or suspended.
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5. Driving with an Invalid Licence: This can include having incorrect information on your licence, such as an outdated address.
Some entitlements depend on your age and when you passed your driving test, whilst older licences may show Entitlements and Codes which do not match the current categories, making them difficult to identify.
As there are so many different categories and entitlement codes, the rules can be confusing for both drivers and police officers. For example, a Category B car licence entitles you to drive vehicles, but only up to 3,500kg with up to 8 passenger seats. You may also be able to tow a trailer, but it depends on the weight.
The police and DVLA sometimes make mistakes and prosecute people who are in fact driving perfectly legally.
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Penalties for Driving Licence Offences
The penalties for driving licence offences vary depending on the specific offence but can include:
Driving Without a Valid Licence:
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- Fines up to £1,000
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- Between 3 to 6 penalty points on your licence. Under the totting up system, this could mean you are at risk of losing your licence and being disqualified from driving.
Driving While Disqualified:
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- Up to 6 months in prison
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- Unlimited fines
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- Extended period of disqualification
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Driving Without the Correct Licence Category:
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- Fines up to £1,000
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- Between 3 to 6 penalty points on your licence. Under the totting up system, this could mean you are at risk of losing your licence and being disqualified from driving.
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Failure to Surrender Licence:
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- Fines up to £1,000
These penalties are designed to enforce compliance with licensing requirements and to ensure that all drivers on the road are qualified and fit to drive.
Defending Against Driving Licence Offences
If you are charged with a driving licence offence, it is crucial to seek legal advice immediately. An experienced lawyer can assess the details of your case and identify possible defences. These might include proving that you held a valid licence at the time of the offence or that there were administrative errors that led to the charge.
Call Joe Rawlings today!
If you have been accused of a driving licence offence, don't face it alone. Contact Joe Rawlings today for expert legal assistance. He specialises in defending driving licence offences and will work tirelessly to protect your rights and achieve the best possible outcome for your case.