Suspension of a Driving License

In the U.K., driving licenses are issued by and regulated by the Driver and Vehicle Licensing Authority (DVLA) in England, Scotland and Wales and the Driver Vehicle Agency (DVA) in Northern Ireland.

The DVLA is an executive agency of the British Department for Transport (DfT). Driving licenses issued by the DVLA are essential to be able to drive on any public highway or road that is designated as such by s.192 of the 1988 Road Traffic Act (1). A similar law, the Road Traffic (Northern Ireland) Order 1981(2) covers licensing in Northern Ireland. Suspension of a license issued by either authority is either through the accumulation of points or through a mandatory ban after a serious driving offence.

Suspension of a license due to accumulation of points on a driving license

Drivers who have been convicted of a driving offence will normally have “points” added to their license. The number of points in some cases is fixed and depends on the nature of the offence. More serious offences attract more points. Many offences attract a varied number of points which are determined after consideration by the Court. Most driving offences will also result in a fine. As with points added to a license, the amount of fine will depend on how serious the offence is.

Some examples of points given for various offences are given below

using a vehicle with defective tyres – 3 pointsfailing to comply with traffic light signals – 3 pointsdriving without due care and attention – 3 – 9 pointsdangerous driving – 3 – 11 pointsPenalty points are effective, i.e. are counted towards suspension, for 3 years from the date of a conviction for a driving offence. However the points remain on a driver’s license for four years. After 4 years the driver can apply to the DVLA to have those points cancelled

The suspension of a license due to points occurs as soon as a driver accumulates 12 points in any 3 year period. New drivers, i.e. drivers who have just obtained their driving licenses, are in a slightly different category as their licenses can be suspended if they accumulate 6 penalty points in the 2 year period after they gained their license. The law as it applies to new drivers is covered by the Road Traffic (New Drivers) Act 1995 (3).

The period of suspension after an accumulation of points is normally 6 months. After that period, a license is returned and points that have accumulated are wiped clean.

Suspension of a license through instant disqualification

Some more serious driving offences result in the instant suspension of a license. The period of suspension will be up to the Court and will depend on the circumstances. The circumstances considered will include the nature of the offence the previous record of the defendant etc. Typical examples of driving offences that might result in an instant disqualification include;

excessive speeding;dangerous driving;driving while intoxicated.Suspension of driving licenses in other countries

Every country has rules that regulate the way drivers use public highways. All countries issue driving licenses that are necessary in order to drive in that country. In most cases, national licenses can be used in other countries for a finite period, or an international driving license can be obtained if required. Licenses issued by the DVLA and DVA are regarded as European licenses until the U.K. leaves the E.U. This means that a suspended British license cannot be used anywhere in the E.U.

In some countries that have a federal system, each state has its own driver licensing authority and in some cases its own traffic rules. Suspension of a license in one state in the U.S. or Australia, for example, despite them being state issued licenses, has the effect of an equivalent suspension in all other states.

Conclusion

Driving licenses are essential documents obtained and held by drivers in all countries to enable the right to drive on public highways and roads. The various driver licensing authorities such as the DVLA in England, Scotland and Wales are in charge of driver licensing and suspensions. In most countries, a fine and point system is used to deter drivers from committing driving offences. Suspension occurs when the number of points reaches a critical amount in a defined period. Serious offences may result in instant bans.

References to acts and laws mentioned in this article

1. http://www.legislation.gov.uk/ukpga/1988/52/contents

Quote from legislation: