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josfabfella
My partner passed her test in Jan 07. I am aware that new drivers are to be banned once they get six points. (Did this law come in to cover drivers from Jan 07 or later)?
Yesterday she was at work and I left her a text saying I had been rushed to hospital as I couldn't see very well (I have an existing medical condition requiring ongoing treatment). Clearly she read the text and was worried so left work immediately to attend to me in hospital. At first it could have been a stroke, brain hemmorage or anything similar. On the way back from the hospital we travelled down the same road she had just travelled on and saw a police camera van. I told her to slow down but don't know if she was sppeding or not. However she believes that on the same route en route to the hospital the van may have been there and as she was panicking about my health she was probably exceeding the limit. Could she claim this was a reasonable reason for exceeding the limit by, say 10mph if she knew I was rushed in to hospital with a potentially serious problem and could not get hold of me and panicked?

Whilst we need to wait for any NIP to arrive, if it does, I wondered whether they could ban and order a retest if she passed the van twice and was caught both ways, especially due to the circumstances.

My partner is at Uni in a city 15 miles away from home with no easy transport routes to get there on time and is also on placement at a school (I call it work) in a village 13 miles in another direction, again with no easy transport links. Could we (in a worst case scenario) claim exceptional hardship and just get a telling off and no ban?

One other question, if she was caught and asks for a copy of the photo showing the driver, can the police refuse this request? I am asking as my ex wife got caught and asked for the photo only to be told that she could have it IF she revealed the identity of the driver FIRST! Can they do that?

Thanks
The Rookie
New drivers are not banned, their licence is revoked by DVLA (an automatic process) once they achive 6 or more points and after they have passed their test.

Were she to be found guilty of the two seperate offences above, she would get a minimum of 6 points and yes her licenec would be revoked, she cannpt claim exceptional hardship against a ban, as she will not be being banned for getting 6 points.

She could ask for a short term ban instead of 3 points for one of the alleged offences.

She could claim 'special reasons not to endorse' (her licence with three points) in the circumstances you mention, and may well succed.

Most scammers will supply a copy of a photo to help ID the driver, they don't have to provide one at all though unless the case goes to court.

Simon

josfabfella
So if it is revoked, it is a temporary ban is it? Does that mean no retest to get it back?
MartinHP71
Nope .. the licence is REVOKED, its not a ban .. she would need to RE-SIT her driving test to ge the licence back. However she could resit the test as soon as she likes so the length of time before being able to drive again is dependant upon her booking and getting a test date.
glasgow_bhoy
Booking a theory test takes about 3 weeks and unless you are lucky enough to get a cancellation then a practical tests waiting time is around 8 weeks (at least it is in my area for all ma mates)
Adept
depending on which area you live in
you may get offered a sac
in which case you will only get 1 set of 3 points
glasgow_bhoy
Although you dont know that the camera caught you twice though so you may have some luck
ict_guy
It's probably quit unlikely it will be covering both directions.

The mitigation for travelling in excess of the speed limit to the hospital could help out, although unlikely. But, surely the same can't be used on the return, since you were in the car and clearly there was then no 'unknown emergency'.

It's a 14 day wait I'm afraid. But, as said in the 1st sentence, very unlikely that she'll get 2 NIPS.
glasgow_bhoy
You also mention your partner "thinks" it may have been there- so it may not have- and im sure she would have had her mind on other things so its likely it wasnt there

also you dont know if she was speeding on the return journey

so hopefully your worrying over nothing!
josfabfella
QUOTE (Adept @ Wed, 26 Nov 2008 - 20:37) *
depending on which area you live in
you may get offered a sac
in which case you will only get 1 set of 3 points


What is a sac?
nemo
QUOTE (josfabfella @ Thu, 27 Nov 2008 - 08:59) *
What is a sac?

Speed Awareness Course.

Offered by some constabularies as an alternative to penalty points. The courses comprise a half day plus 'speed awareness' workshop; are by invitation only; cost a similar amount / little higher than than the standard £60 Fixed Penalty; are not offered to drivers alleged to have been travelling at more than 10% plus 6mph of the posted speed limit; should not be offered if the driver has attended a similar course within the previous 3 years; etc.
josfabfella
Thanks. I probably am worried over nothing but her two years is up in Jan and it would be a bit unfortunate to be caught twice on the same road on the same day within 30 mins of each other. She doesn't drive like a nutter even though she is only 22 and has an MR2 Gt T-bar! I genuinely believe she was worried I may have gone blind (which is highly likely I eventually will anyway) and clearly looking out for the coppers trying to earn a quick buck for their xmas knees-up was not top of her list of thoughts.
Luckily (or unluckily for me!) it looks like I may have to have an operation if I have any more problem with my eyes and it has less than a 50% chance of me keeping my sight, so I think in retrospect she had every reason to be worried. I'm not saying it as an excuse, just a reason behind why she may have not had her eyes fixed to her speedo for the entire journey!
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