Expired photo Driving Licence, What is the offence?

Convicted Driver Insurance

Tomw3uk

New Member
Hi,

I hope this is ok to put here, as i'm looking for a little bit of advice.

Can anyone confirm what offence should be found on the summons for driving with an expired licence (ie over 10 years old)?

I got stopped for speeding in Feb 2010 and my licence had expired in Sept 2009 (As far as I can remember I never received a letter asking me to update my photo).

A couple of days ago I received a summons for:

1. Drove a motor vehicle otherwise in accordance with a licence authorising you to drive a motor vehicle of that class. Contrary to section 87 (1) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988. (offence carries penalty points).

2. Speeding - exceeding 60mph - Local Order - manned equipment. Sections 84 and 89 (1) Road Traffic Regulation Act 1984 and Schedule 2 of the RTOA 1988 (offence carries penalty points)


After checking the internet I think charge 1 is incorrect (as I'm entitled to a licence until 70yrs old), as according to the DVLA etc I may have commited an offence under section 99 (2A) of the RTA 1988 for not surrendering licence. This charge is not on my summons.

see this dvla link for just one example of this: https://www.dft.gov.uk/dvla/~/media/pdf/pub... today33.ashx

I have to fill in my form with a plea, so do I go Guilty or not guilty for charge 1?

thanks
Tom
 
I disagree. I think that you have committed an offence and are guilty of an offence under S.87(1) of the RTA 1988 as alleged on the summons, on the basis your licence has expired. Having said that, in these circumstances, you are quite right, it is non endorseable because you were otherwise entitled to hold a licence.

Renew your licence immediately, then send a copy of the new lience to the CPS and invite them to discontinue, citing the code for Crown Prosecutors and the interests of justice and public interests tests that they must apply.
 
Thank you,

Is this a suitable letter to send:

Coventry Magistrates Court Code 2910
Case no. (will be entered here)
URN: (will be entered here)
Prosecutor reference: (will be here)

To whom it may concern,

I invite you to discontinue the following charge brought against myself:

1. Drove a motor vehicle otherwise in accordance with a licence authorising you to drive a motor vehicle of that class. Contrary to section 87 (1) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988. (offence carries penalty points).

I immediately renewed my licence (please find copies enclosed) and therefore this charge should be discontinued as per the code for Crown Prosecutors and the interests of justice and public interests tests which must be applied.

Yours Sincerely


"My Signature"

"Name" "Surname"
 
Many Thanks, and I have had a reply from the DVLA that may be of interest to you:

Dear Mr ...

Thank you for your email received on 2/5/10. Your email reference number is .....

If the photograph has expired on the driving licence the customer is still entitled to drive.

However, I can confirm that it is an offence to not surrender your licence to update the photograph after 10 years. The licence holder is liable to pay a fine of up to £1000 upon conviction Court.

The police will be responsible for the prosecution of this offence.

THE ROAD TRAFFIC ACT STATES:
(a) The ability to fine a customer who does not update his or her photograph is captured under Section 99(5) of the Road Traffic Act 1988 c.52 (Section 99(4) also includes image/photograph but the website hasn't been updated as yet)
(b) Section 99 (5) states " A person who fails to comply with the duty under subsection (4) above is guilty of an offence
(c) The related offence description and fine is given under RTA section 99 of the Road Traffic Offenders Act 1988 c.53 :
(d) RTS section 99 states "Driving licence holder failing, when his particulars become incorrect, to surrender licence and give particulars" (The level of the actual fine is £1000)
 
and what happens next? if they decide to discontinue? will they send me out an advised summons?
 
Thanks for your advice, I got a letter of discontinuence for the licence charge in the post from the CPS today. Much happier now I'm only facing a speeding charge.
 
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