Statistics from the DVLA show that over 65,000 learner drivers have penalty points on their provisional licence. This is because learner drivers in the UK can still be convicted of driving offences and face penalties including fines or points on their licence.
Many people across the UK including Approved Driving Instructors and road traffic lawyers criticise this believing it to be unfair on learner drivers. Recently, there have been calls for more leniency when mistakes are made by people learning to drive.
What does the law say?
If a learner driver is caught speeding, running red lights or not complying with road traffic law they will be prosecuted like any other driver would be. This is because learner drivers have the same duty as care as qualified drivers and must show consideration for the safety of other vehicles, pedestrians and other road users.
However, police and the courts can take into account the fact that the person is still learning to drive when deciding whether to prosecute or when determining sanctions.
The same rules apply if a learner driver caused a car accident whilst on a lesson. If they are learning in their own car (or a family members) their insurance company will cover the cost of any damage. However, if they are using a driving instructor’s car the instructor’s insurance will cover it. Driving instructor’s insurance usually has special provisions for this.
What happens if a learner driver gets penalty points on their licence?
Any points earned on a provisional licence will be transferred on to your full licence once you have passed your driving test. Already having points on a full driving licence can create some problems for new drivers. Firstly, car insurance will be more expensive and some insurance providers may even refuse to provide cover.
Under the New Driver Act, if a driver earns 6 points or more within 2 years of passing their driving test they will lose their licence. They must then resit their driving test. So if a newly qualified driver already has points on their licence, they will be at greater risk of losing their licence.
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