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BMW 3-Series (E90 E92) Forum
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points argument.
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04-27-2011, 08:36 PM | #1 |
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points argument.
Hi chaps can anyone settle this for me,my wife is sure penalty points on your
licence only last for 3years,but remain for 4yrs.Everything i have read on net say 4yrs end ov.What do this mean??? Has the law changed do i have to declare them to insurance after 3/4 years? why do they leave them for 4 yrs? is this to discredit you further?? help apreciated. |
04-28-2011, 01:04 AM | #2 |
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It depends on what the original offence was for, this link will settle your argument:
http://www.direct.gov.uk/en/Motoring...ns/DG_10022425
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04-28-2011, 01:24 AM | #3 |
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Any insurance company I've used always ask how many motoring convictions in the last 5 years.
So even though they will be off your licence by that stage, you still have to disclose them. |
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04-28-2011, 01:25 AM | #4 |
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For Court/Police purposes, points are valid from 3 years of date of conviction. After 4 years you can apply to have them 'removed' from your licence but they remain discloseable for up to 5 years to your Insurance.
The above applies to the majority of convictions but excludes Drink Driving etc. as they are dealt with differently. |
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04-28-2011, 07:33 AM | #5 | |
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04-28-2011, 07:45 AM | #6 |
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Three years is the time that points will count towards the totting up process but they will stay on for four years as the offence may still be considered by a magistrate.
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04-28-2011, 08:00 AM | #7 | ||
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04-28-2011, 11:43 AM | #8 | |
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points
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05-03-2011, 08:10 AM | #9 |
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As I understand it, the three/four year debate works on the basis that if you have 9 points (for example) of which 3 (or more) are due to expire on day X, that if you commit an offence which results in a court summons before day X, your licence will still show the 9 points so that a Magistrate can take them into account when deciding whether or not to issue a ban.
So, think of it the other way, if you have 9 points of which 3 (or more) will expire before day X, yet you then receive a court summons for a non-fixed penalty (dangerous driving or something) and turn up in court 6 months later, the court need to know how many points you had at the time of the summons/crime. This is because if you could immediately remove the points after 3 years, when you then sat before the magistrate he would only see the CURRENT points and not those you had (which were valid) at the time you committed the crime for which you are now summoned to court for. I hope that makes sense. I was (I thought) a rule from before computers and other records which would prevent the very human error that a magistrate might make in NOT banning someone who should have had, for example, 12 or more points at the time of the crime being comitted. Course, that is contrary to the 'innocent until guilty' ruling and also the 'date of conviction' point of view which a few people have raised here. So I am now unthinking my whole argument, but it's still worth me mentioning it as it makes some sense to me, even if it has no bearing on reality. Matt |
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05-03-2011, 08:49 AM | #10 |
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If you phone DVLA there's a recorded info service that tell you all this - I've spent a few calls listening to it
Fixed penalties speeding etc are on your licence 4 years from DATE of OFFENCE Court appearance points (not DD) are on your licence for 4 years from the DATE of CONVICTION, this is worse as you might wait up to a year to go to court, thus adding that time onto your 4 years. As also said, towards totting up, all 12 point have to be received within the same 36 month period from the first 3. Also as said, insurers ask for points within last five years, so even if you've a clean licence after 4, you still have to till them until after 5 years. Last edited by doughboy; 05-03-2011 at 09:02 AM.. |
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05-03-2011, 05:08 PM | #11 |
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Sorry for any confusion, I should have clarified my post more clearly: By Police I mean for 'totting up' and by Court I meant 'taken into consideration' (as others have already explained).
Last edited by ihpj; 05-03-2011 at 05:20 PM.. |
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