If a learner has six penalty points on their licence before they take a test and they pass, do they immediately revert to provisional licence status under the New Drivers Act?
A. No. The Road Traffic Act (New Drivers) Act 1995 came into affect for all those who passed their driving test on or after 1st June 1997. If a driver reaches six or more penalty points within two years of passing their driving test (i.e. during the probationary period) DVLA will automatically revoke their driving licence when notified by a court or fixed penalty office. To regain a full licence the person must then obtain a provisional licence, drive as a learner, and pass the theory and practical test again. Penalty points counting towards the total of six include any incurred before passing the test, as long as the offence took place not more than three years before the latest penalty point offence. Points imposed after the probationary period will also count if the offence was committed during that period. Passing the retest does not remove penalty points from the licence, and if the total reaches 12, licence holders are liable to be disqualified by a court.
