15 points on licence and traffic commissioner

A lad I know recently got done for speeding on his bike, as he did not respond sensibly to the NIP it ended up in court where he was given 12 points (in addition to his existing 3) and a big fine. The court did not ban him as he needs his licence to do his job . Now he has had a letter from the local traffic commissioner saying they are reviewing his vocational licence. How likely is he to keep it?

I’d guess it will depend on two things.
The first is how fast he was going, but to get 12 points I’m guessing he was well above the limit.
The second will be the nature of his response to the NIP. If his response implies that he didn’t care about the fact he’d broken the law or is likely to offend again then he could be in trouble.
I’d imagine he’s at risk of losing his licence, at least temporarily.
Tell him to make sure he takes decent biscuits with him, try and get the TC on side, might be the only thing that saves him

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Tell him to tell the TC that there’s no way he can get his truck to go as fast as his bike! [emoji23]

dekka:
The court did not ban him as he needs his licence to do his job

I just don’t…

Get it. The system say’s over 12 points and you’re out, finito, tilt, game over for a few months or what ever it is. How on earth can people continue to get away with not losing their licence?

You might as well say, there’s no totting up procedure, get as many points as you like, you won’t get banned…crack on.

Usually with traffic offences the punishment is points and a fine. Take away someones licence and you take away their livelihood, therefore removing their ability to pay their fine.
Courts also usually see points and a fine as a double punishment, but both only affect the guilty party. If they are the primary, or indeed only financial support for their household then that is viewed as punishing innocent people by removing their means of support. It also would likely result in an increased cost incurred by local councils through benefit payments to the newly unemployed and their families, which they also try to avoid.
Obviously in cases where the driver clearly presents a danger through their driving, gaining points for more serious offences then they will still lose their licence, what with courts having to show a duty of care to the public and all that

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Above 6 points and he’s potentially going to have issues with his boss, that’s IF his boss actually knows about this. He has told him hasn’t he?
I suspect that the TC will revoke his vocational license for a short period of time, due to his response to the NIP. Whichever way you look at it I recon his truck driving career is effectively over

Interesting conundrum. A criminal court, having heard all the evidence decided not to dismal the driver. Rather difficult for what is probably seen as a lower court, to then take a widely different approach.
If the driver wants o keep their vocational licence then I’d be suggesting they get some good legal advise.

Terry Cooksey:
Take away someones licence and you take away their livelihood, therefore removing their ability to pay their fine.

There’s a…

Possibility that the defendant may be able to pay the fine in full from their own savings.

Terry Cooksey:
Courts also usually see points and a fine as a double punishment, but both only affect the guilty party. If they are the primary, or indeed only financial support for their household then that is viewed as punishing innocent people by removing their means of support.

But, if the offence is drink driving, the defendant is banned for a minimum 12 months, punishing other people who may be dependant on the defendants income.

Anyone who gets over 12 points has had plenty of time and warnings to adjust their behaviour accordingly. Choosing to ignore those warnings or, driving so fast that a ban is the punishment is their own fault, they can’t blame it on someone else. They have to face the consequences of their actions.

To keep letting drivers drive after 12 points makes the totting up procedure pointless (no pun intended).

peirre:
Above 6 points and he’s potentially going to have issues with his boss, that’s IF his boss actually knows about this. He has told him hasn’t he?
I suspect that the TC will revoke his vocational license for a short period of time, due to his response to the NIP. Whichever way you look at it I recon his truck driving career is effectively over

Yeah i can’t see how he will be able to continue driving lorries with do many points…
6 points is normally the max

yourhavingalarf:

Terry Cooksey:
Take away someones licence and you take away their livelihood, therefore removing their ability to pay their fine.

There’s a…

Possibility that the defendant may be able to pay the fine in full from their own savings.

Terry Cooksey:
Courts also usually see points and a fine as a double punishment, but both only affect the guilty party. If they are the primary, or indeed only financial support for their household then that is viewed as punishing innocent people by removing their means of support.

But, if the offence is drink driving, the defendant is banned for a minimum 12 months, punishing other people who may be dependant on the defendants income.

Anyone who gets over 12 points has had plenty of time and warnings to adjust their behaviour accordingly. Choosing to ignore those warnings or, driving so fast that a ban is the punishment is their own fault, they can’t blame it on someone else. They have to face the consequences of their actions.

To keep letting drivers drive after 12 points makes the totting up procedure pointless (no pun intended).

I completely agree with your points, I think anyone who gets 12 points should lose their licence. I was just saying how the court deals with it and why they sometimes choose not to rake that action

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15 points on his licence he’s likely to end up getting the sack anyway because it’s doubtful that his employers insurance company will insure him.

yourhavingalarf:
[ or, driving so fast that a ban is the punishment is their own fault, they can’t blame it on someone else. They have to face the consequences of their actions.

To keep letting drivers drive after 12 points makes the totting up procedure pointless (no pun intended).

Maybe, but the 2 things are completely unrelated. Riding a motorcycle at 150mph on the public highway has nothing to do with how you drive a truck.
It’s like losing your driving license for a public order or firearms offense.

Licence will be revoked by the Traffic Commissioner. No matter what he says it wont wash. Always reply a NIP. He probably fobbed them off. 15 points is as good as a 5year ban

The driver rolled the dice hoping to get away with a rta offence and lost. They will now get quite rightly pumped by the traffic commissioner.

Remember the hgv license is vocational and can be revoked even after the courts have dealt with you.

Personally the driver should be taken to the nearest town centre and whipped to within a inch of their life and then made to walk home.

gov.uk/government/publicati … er-conduct

I’d say the only question is how long the HGV entitlement will be revoked for.
The TC will ask himself “Can I trust this driver?” and I think the answer is a resounding “No!”

How fast was he going on his bike?

Not gonna lie I’ve done 131mph on ***************** before

yourhavingalarf:

dekka:
The court did not ban him as he needs his licence to do his job

I just don’t…

Get it. The system say’s over 12 points and you’re out, finito, tilt, game over for a few months or what ever it is. How on earth can people continue to get away with not losing their licence?

You might as well say, there’s no totting up procedure, get as many points as you like, you won’t get banned…crack on.

I remember reading a newspaper article about a bloke who lived not far from me who had 57 points.

He was a national sales manager and needed his job to drive. Everytime he got points he went to court and got off with points without a ban because his wife didn’t work and they had kids so to ban him would put his family on the breadline.

Now I don’t doubt that they would have faced some hardships but obviously points just weren’t a deterrent.

The majority of truck drivers are petrolheads in one form or another, so opening up the throttle is something that will happen. But there’s always that niggling reminder in the back of your head when you go out to play with your toys on public roads, and that is the fact that you have a vocational license which you will risk losing if you take it to the max, which in this case the driver clearly forgot about

I would probably lay a small wager that this bloke is going to have some leisure time and could maybe channel some energy into some race track time. I can see a Vocational licence being removed for 3 months as a warning shot

Im so glad I just stick to the speed limits,its so easy to just avoid all this hassle