Ben Webster, Transport Correspondent
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A law that was intended to improve road safety by targeting reckless young drivers has had the opposite effect, a study has found.
More than 40,000 young drivers who have been disqualified under the New Drivers Act could be continuing to drive while unlicensed and uninsured, according to the Parliamentary Advisory Council for Transport Safety (PACTS).
The Act stipulates that drivers who receive six penalty points within two years of passing their tests must have their licence revoked, and will have to start the qualification process from the beginning.
This is tougher than the standard limit, under which drivers who accumulate 12 points within three years serve a six-month ban but do not have to resit their driving test. The Act means that a novice driver can be returned to being a learner after only one serious speeding offence or two offences in which he or she drives only a few miles per hour over the speed limit.
The law was introduced to try to reduce the number of serious crashes caused by inexperienced drivers, especially those under the age of 20.
PACTS found that fewer than half of the novice drivers who lost their licences under the Act requalified and returned to the roads as legal drivers. Of the 62,000 young drivers disqualified between January 1998 and March 2003, only 29,000 regained their licence, leaving 33,000 who disappeared from the system.
Rob Gifford, the director of PACTS, said that some would have decided to give up driving, but at least two thirds were likely to be driving illegally. “There is strong evidence that many thousands of novice drivers disqualified through the New Drivers Act are continuing to drive unlicensed, and we know that unlicensed drivers pose a far greater threat on the roads.”
Stephen Ladyman, the Road Safety Minister, admitted that the New Drivers Act was not working, when he gave evidence to the Commons Transport Select Committee last month. He said: “If these people are not returning to take the test, I think it would be a difficult stretch of the imagination to assume that they have stopped driving.”
A DfT spokesman said: “We recognise there is further work to do on the education of young and new drivers, and have already announced a fundamental overhaul of the training and testing regime.”
The driving test has been altered twice in the past decade to make it more rigorous. A theory test was introduced in 1996 and a hazard perception test in 2003.
Grim statistics
— One in five new drivers is involved in a crash in his or her first year of driving
— 13 per cent of licence holders are 25 or under, but more than 29 per cent of drivers killed are in this age group
— Male drivers aged 17 to 19 are almost ten times more likely to be killed or badly injured behind the wheel than those aged 40 to 59
— In 2004, 187 male drivers aged 17 were killed compared with 36 females
Sources: Driving Standards Agency; DfT; Brake
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This legislation all too often penalises the more exprienced better drivers, as the more often you drive, and the more experienced you become, the more likely you are to be prosecuted for speeding. Age profiling by the police, unfairly makes safe younger drivers who narrowly exceed the limit by reasonable degrees, (just like the majority of motorists), a target.
Magistrates should have the authority to overule the administrative revocation where they deem it is reasonable to do so, or where they deem it unneccessary, or of no benefit to the driver or society.
Forcing perfectly competent drivers to retake their tests simply encourages contempt, and a lack of respect and credibility for the law, as many drivers will be forced to carry on driving illegaly until they can afford the £70+ and find the time to book and retake all sections of their test. Not enough consideration is given to the unintended consequences many laws like this when they are devised.
Alex Walker, Scarborough, UK
I would suggest the following action. When drivers come to the attention of the Court for an offence which carries a discretionary disqualification or additional penalty points, and that driver already has 6 penalty points on his/her licence; the Court could (a) depending on the severity of the offence, revoke that drivers licence, or
(b) suspend disqualification for a period of 6 months on condition that the driver undertakes and passes both the theory and practical driving tests BEFORE the expiry of the 6 month period.
If the driver passes the tests the disqualification may be further suspended for a further year before being cancelled.
If the driver fails to obtain certificates of competence within the 6 month period the period of disqualification applies.
I believe that when a driver acquires 6 penalty points they should be self examining their driving and indeed contacting a driving organisation such as the Institute of Advanced Motorists to have their driving assessed.
David Walker, Dyce, Aberdeen, UK
The writer from Cumbria is correct and the reversion to provisional status is an administrative procedure by the DVLA who are NOT on top of the situation. My son has just had 11 points on his "probationary" license (which, by the way does not say probationary anywhere on it!) and he knows only through hearsay that he should now be driving. The magistrate did not tell him (us, as I was there) and his license came back in the post with no letter or documentation to explain this law. I have searched the internet and on DVLA site for more information to clear up whether he is disqualified or not and there is nowhere that states the actual rule or the system or procedure for how and when he can start driving again. No wonder youngsters just go back to driving, nobody knows what the actual law is, or how it should be administered - yet another bureaucratic New Labour Party nightmare that was never thought through properly.
P Preston, Chester, UK
An automatic jail sentence of four months will deter quite a few..
Paul Medhurst, Vienna, Austria
I don't understand. Aren't there roadside cameras that can photograph and fine unlicensed or uninsured drivers?? Oh... it seems not.
Simon, Sevenoaks,
Please be aware that the reversion to provisional licence status is an administrative procedure controlled by the DVLA. The procedure is invoked if the licence holder commits one or more serious driving offences so that the points on their licence add up to 6 or more. It is dangerous to confuse this with the term disqualified which only occurs as an order of the court and is itself a recordable criminal conviction
Don Webster , Kendal , Cunbria
What did they expect? When a law is perceived (rightly or wrongly) as repressive, it is ignored. When tax or duty is too high, you get smuggling. When speed cameras are everywhere you get cloned plates. When you could be hanged for petty theft, some juries refused to convict.
A more practical approach to road safety might be to introduce a more demanding driving test, including night and fast driving: a bit more like the IAM test. The evidence is that drivers who have done this course have not only better skills but also a better attitude.
The right attitude on the road is worth more than all the speed limits, cameras, breathalysers and road signs put together.
Michael Bruce, Selby, Yorkshire