Read this if you have points or convictions

At the moment you need to declare your driving convictions to insurance companies and employers for 5 years in accordance with the rehabilitation of offenders act.
Not anymore. :smiley:
They’ve dropped it to 12 months.
And when they do away with the paper licence later this year, You’ll be guranteed a clean licence every year.

Being the saint i am means this has no effect on me. :wink:

gov.uk/government/news/refo … into-force

While it is true that the paper counterpart is to be phased out (although I thought it was due to happen next year, not this year), it certainly does not mean people will get a “clean” licence after 12 months. The endorsements and penalty points will still be recorded on the DVLA database, and will remain valid for three years just as they do now (longer for drink/drive offences). Insurers etc will be able to check online (although I am not sure that this will apply to prospective employers).

I’m not sure this includes driving convictions. . . ? It doesn’t say so. Plus, if insurance companies ask for details of any points accrued in the past 5 years, then that’s what they require.

Roymondo:
While it is true that the paper counterpart is to be phased out (although I thought it was due to happen next year, not this year), it certainly does not mean people will get a “clean” licence after 12 months. The endorsements and penalty points will still be recorded on the DVLA database, and will remain valid for three years just as they do now (longer for drink/drive offences). Insurers etc will be able to check online (although I am not sure that this will apply to prospective employers).

At the moment a drink drive conviction stays on your licence for 11 years, but you have to declare it for 5 years. points usually stay on for 4 years, but you are supposed to declare them for 5 years.
under the new legislation you only have to declare your motoring convictions for 12 months.
How long they are on the licence isn’t relevent when they do away with the paper counterpart as employers and insurance companies won’t be allowed to access spent convictions.

Reubs766:
I’m not sure this includes driving convictions. . . ? It doesn’t say so. Plus, if insurance companies ask for details of any points accrued in the past 5 years, then that’s what they require.

They do at the moment, But as from march they will only be allowed to ask about the last 12 months.

Endorsements are not convictions…

But endorsements FOLLOW convictions, don’t they? Or am I being thick again?

Retired Old ■■■■:
But endorsements FOLLOW convictions, don’t they? Or am I being thick again?

Sometimes they do - but often they are applied as a result of Fixed Penalty tickets. HMG’s official guidance on the Rehabilitation of Offenders Act specifically states: “Fixed Penalty Notices and Penalty Notices for Disorder do not form part of a person’s criminal record as there is no admission of guilt and they therefore do not need to be covered by the Rehabilitation of Offenders Act.” Endorsements are not disposals or sentences and are outside the remit of the Rehabilitation of Offenders Act.

So you can do 10 yrs in prison and after 2 yrs you don’t have to declare it.

You can be convicted of drink driving and get a minimal ban etc (not justifying it) and it follows you around for 11 yrs!!

How is this common sense?

stuh:
So you can do 10 yrs in prison and after 2 yrs you don’t have to declare it.

You can be convicted of drink driving and get a minimal ban etc (not justifying it) and it follows you around for 11 yrs!!

How is this common sense?

If you see the table in the above link you will see that anything over a 4yr prison term is never spent therefore they would technically have to declare those convictions for life . of course if they did this or not is upto the individual

Misread the box mate but even a 2 yr prison sentence which these days covers a wide range of crimes!

limeyphil:

Roymondo:
While it is true that the paper counterpart is to be phased out (although I thought it was due to happen next year, not this year), it certainly does not mean people will get a “clean” licence after 12 months. The endorsements and penalty points will still be recorded on the DVLA database, and will remain valid for three years just as they do now (longer for drink/drive offences). Insurers etc will be able to check online (although I am not sure that this will apply to prospective employers).

At the moment a drink drive conviction stays on your licence for 11 years, but you have to declare it for 5 years. points usually stay on for 4 years, but you are supposed to declare them for 5 years.
under the new legislation you only have to declare your motoring convictions for 12 months.
How long they are on the licence isn’t relevent when they do away with the paper counterpart as employers and insurance companies won’t be allowed to access spent convictions.

“Declaring it” to who? If you mean prospective employers then that is a case for their own recruitment procedures (to only ask for 5 years). As to the validity of points on your driving licence, the ‘biggies’ stay on your licence for 11 years but are ‘legally enforceable’ for 10, the rest are on for 4 but are enforceable for 3.

If you have points that are from 3 to 4 years ago they will still show but would not, for example, be taken into account for the likes of the totting up procedure.

The forthcoming changes are tied into the system that is going to allow underwriters direct (automatic) online access to DVLA’s database, thereby allowing them to see that when you say “I have no points” you really don’t have any points, not are you using your licence previous to the points issued, the same one that you told DVLA you’d lost when you paid for a replacement!! :open_mouth:

marcustandy:
The forthcoming changes are tied into the system that is going to allow underwriters direct (automatic) online access to DVLA’s database, thereby allowing them to see that when you say “I have no points” you really don’t have any points, not are you using your licence previous to the points issued, the same one that you told DVLA you’d lost when you paid for a replacement!! :open_mouth:

Dodgy geezers (you know who you are) please read that bit again. If it causes you problems I suppose you could always try rubbing your driving licence with a magnet. :wink:

As for employers; my guess is that anyone with half a mind would take advantage of the existing system to check licences, i.e phoning DVLA whilst the applicant is present and confirming what’s on the licence. Anyone who doesn’t already do this, in this age of identity theft and easily-obtained fraudulent licences, doesn’t deserve good staff anyway.

Sidevalve:
As for employers; my guess is that anyone with half a mind would take advantage of the existing system to check licences, i.e phoning DVLA whilst the applicant is present and confirming what’s on the licence. Anyone who doesn’t already do this, in this age of identity theft and easily-obtained fraudulent licences, doesn’t deserve good staff anyway.

I can clearly remember at least 3 separate instances over the last 3+ years where a driver came into register for work, completed the theory tests, filled-out the applications forms and then started to look somewhat uncomfortable when the phone call was being made to DVLA Licence Check system. Cue the likes of;

“Oh hang on, I’ve left something in the car …” Next seen driving out of the gate!

“Excuse me, are the toilets downstairs? Back in a min …” Next seen driving out … well, you get the picture!

How any employer/company choses not to carry out the DVLA licence check on a regular basis is beyond me. :unamused:

It’ll be even better once employers, agencies, etc. have full access to the online system. Unfortunately, it’s only going to be accessible to the insurance companies for the foreseeable future :confused:

marcustandy:

Sidevalve:
As for employers; my guess is that anyone with half a mind would take advantage of the existing system to check licences, i.e phoning DVLA whilst the applicant is present and confirming what’s on the licence. Anyone who doesn’t already do this, in this age of identity theft and easily-obtained fraudulent licences, doesn’t deserve good staff anyway.

I can clearly remember at least 3 separate instances over the last 3+ years where a driver came into register for work, completed the theory tests, filled-out the applications forms and then started to look somewhat uncomfortable when the phone call was being made to DVLA Licence Check system. Cue the likes of;

“Oh hang on, I’ve left something in the car …” Next seen driving out of the gate!

“Excuse me, are the toilets downstairs? Back in a min …” Next seen driving out … well, you get the picture!

How any employer/company choses not to carry out the DVLA licence check on a regular basis is beyond me. :unamused:

It’ll be even better once employers, agencies, etc. have full access to the online system. Unfortunately, it’s only going to be accessible to the insurance companies for the foreseeable future :confused:

All they will do is refer every applicant to their insurance company to check if they are employable.

Under - Employing people to drive it says:

The gov website gov.uk/employing-people-to-drive says that Employers can check.

You must make sure that anyone you employ to drive a vehicle has the right licence and qualifications - you must also check if they need to use a tachograph.

Driver entitlement checking service
You can check with DVLA that the information on a driver’s licence is correct, including:

the licence validity dates
the categories of vehicle that the driver can drive
if there are any current endorsements on the licence
if the driver is disqualified
The driver must complete a D888/1 form to give permission for the check.

Send the form with a cheque or postal order for £5 payable to ‘DVLA, Swansea. It can also be done online (if registered), on the phone, or by fax.

So to try and compensate, expect vehicle insurers to apply a much higher load for convictions in the period they can ask about.

I’ve always thought that being financially punished by insurance companies for 5 years wasa bit harsh, so this new legislation gives people a fighting chance. But it’s also unfair. More serious offences like drink driving, dangerous driving that have minimum disqualification periods won’t have to be declared after 12 months from conviction. Therefore when they do away with the paper counterpart, it’ll be like having a clean licence.

limeyphil:
it’ll be like having a clean licence.

… and I think that’s wrong. When I’m looking to employ a driver want to know his history, I want to know if he’s the type to drink & drive or has been in the last 10 years or so!

That being the case, I fail to see how insurance premiums for the majority won’t actually increase! :frowning:

marcustandy:

limeyphil:
it’ll be like having a clean licence.

… and I think that’s wrong. When I’m looking to employ a driver want to know his history, I want to know if he’s the type to drink & drive or has been in the last 10 years or so!

That being the case, I fail to see how insurance premiums for the majority won’t actually increase! :frowning:

You could look at it another way.
Not everyone that has had a drink drive conviction is more likely to do it again, I’m sure most will learn from their mistake and be less of a risk than those that have done it for years, Got away with it and have a clean licence.
As an employer under the present rehabilitation of offenders act regulations, You shouldn’t take into account convictions within the last 10 years, You should only look at convictions within the last 5.
The reason DD convictions stay on a licence for so long is for sentencing by the courts and nothing else.