Author Topic: Regaining Licences after being banned for drink driving  (Read 4865 times)

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Offline Elise78

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Regaining Licences after being banned for drink driving
« on: June 12, 2008, 12:16:35 PM »
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I'm a programme tutor with the probation service !2! and have just finished running a drink impaired driver's group.  During the second last session we give them a chance to ask any questions about having a criminal record/being disqualified/getting their licence back that they want answered.  About 90% of the time I can answer all of the questions they ask on the spot and usually if I can't it doesn't take much research to get the answer to give them in the final session.  But the most recent group were especially ingenious with their questions and there are three questions that I haven't been able to get answers to, no matter what I plug into google etc.  I'm hoping someone here can help me:

1.  If they had passed more than one type of driving test do they automatically get all of the categories on their licence restored when they apply to get it back (I'm almost sure that they don't get the LGV/PCV categories, but that they do get everything else) - the motorcyclists were especially concerned that they wouldn't get their bike licences back, but I said I was pretty sure they do - is that right?

2.  This is almost the same as the first one - for those who have only done one driving test (i.e. in a car), but did it long enough ago to have automatically got the licence that lets you drive up to 7.5 tonnes and 16 seater minibuses (C1, C1+E, D1 & D1+E), do they get that back when they reapply for it, or do they just get a licence that allows them to drive up to 3.5 tonnes (B & BE), the way people who passed more recently get as standard?

3.  Finally, this is about a specific case - One of the group members had only been passed his test for 3 days when done for drink driving.  As we always do, we told the group that if they were within 2 years of passing their test at the time, they would have to re-do the whole test procedure - he said that he had been told at court that he would only have to apply to get it back in the normal way.  We queried it with him, and it wasn't said in open court, only by one of the court officials after he had been sentenced.  Probably it was just an error on her part - not realising he had only been passed his test a matter of days.  He's in the army, but I don't think that's significant because there was another group member who was in the army who had also passed his test less than 2 years before and he definitely has to resit his test.  Now I finally get to the question - Is there any loophole that he could have fallen through that would allow him to bypass the law about having to redo his test in his circumstances?

Please help, anyone, it would be really useful to have the answers to these questions should they pop up again.
« Last Edit: June 12, 2008, 03:01:45 PM by Elise78 »

Jab

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Re: Regaining Licences after being banned for drink driving
« Reply #1 on: June 12, 2008, 01:25:25 PM »
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Hi Elise and welcome.
Sorry for the delay - I had to ask a friend. His reply was as follows:
"I had an 'aquaintance' of mine who just gone through this (he was in his car when caught) and I've just phoned him........
If just a ban for 12 months then you get it all back
If over 18 months the up to TC (traffic commissioner) as to a LGV retest
If over 36 months then definite retest"
They should also get back grandad rights but you might be best to double check with the DVLA.
http://www.dvla.gov.uk/contactus/drivers_enquires.aspx
Hope this helps.

Offline FNG

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Re: Regaining Licences after being banned for drink driving
« Reply #2 on: June 12, 2008, 01:29:08 PM »
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I'd imagine that the dvla could strip the grandad rights "accidently" in the same way they sometimes do with the transfer from paper to photo card licenses.

FNG

Nigel

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Re: Regaining Licences after being banned for drink driving
« Reply #3 on: June 14, 2008, 03:18:55 AM »
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The Grandad rights are effectively useless anyway, and I doubt they'd get them back, my reasoning for this is I'm looking at a new treatment for my diabetes.

My present condition has led to me losing my then HGV 3,  my 7.5 ton entitlement is now 3.5 ton, and 16 seats now 8 seats.

IF I'm accepted on the new treatment I will no longer be on insulin, which will remove the restrictions on my licence.

BUT

DVLA inform me that I cannot have my HGV back, as I haven't kept the medicals up that they've prevented me from taking in the first place !

I cannot have my grandfather rights restored, as my present licence has been re-issued several times since the law came in (Oct 97), so I'm not entitled to them anymore (bastards).

The only difference it will make to me is I will become eligable to retake (or take for the first time in some of the cases) the tests and medicals required to obtain those groups.

If they are treating me like that, and I haven't actually done anything wrong, I'd rather hope they'd treat criminals in the same way.