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Thread: New Drink Driving Legislation Effective 1st June 2013

  1. #1
    Drinkdriving.org's Avatar
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    Default New Drink Driving Legislation Effective 1st June 2013

    Government Introduces New Legislation - New Laws for High Risk Offenders Introduced

    In a bid to help make UK roads safer, the government has introduced new legislation that Road Safety Minister, Stephen Hammond says "will tighten up the law on drink driving and will mean the most dangerous offenders will have to prove they are no longer dependent on alcohol before they are allowed to get back behind the wheel".

    The new legislation will come into force on 1st June 2013 and specifically targets drivers who have been disqualified and that are classed as 'High Risk Offenders'.

    Section 88 of The Road Traffic Act 1988

    Section 88 of The Road Traffic Act 1988 has been amended and under the new laws, drivers that are classed as high risk offenders will no longer be able to rely on Section 88 of The Road Traffic Act 1988 in order to drive once their disqualification has expired, if they have submitted a qualifying application and whilst they wait to take and pass the DVLA medical examination.

    Section 88 has been amended to allow drivers who have been disqualified and are classed as high risk to legally drive ONLY IF AND WHEN they have taken and passed the DVLA medical and they have been issued with a driving licence by the DVLA and not beforehand as was previously allowed.

    High Risk Offender Scheme Extended


    The legislation which lays out the criteria that must be met for drivers to be classified as high risk offenders has also been extended. As of 1st June 2013, any person disqualified by order of court for failing, without reasonable excuse, to give permission for a laboratory test to be carried out on a specimen of blood taken whilst that person was incapable of consenting to the specimen being taken will be classed as a high risk offender.

    NOTE: The new legislation DOES NOT APPLY where the conviction in respect to which the disqualification was ordered was imposed before the date of which the new legislation commences. As stated previously the new legislation commences on the 1st June 2013. The new legislation will only apply to any relevant convictions on or after this date.

    However we always recommend contacting the DLVA to clarify legal entitlement to drive if not in possession of a valid driving licence.


    You can read more about the new legislation here

    What is your opinion on this new legislation? Please reply and let us know and/or vote above.
    Last edited by Forum Moderator; 05-26-2013 at 09:56 PM.


  2. #2
    zena is offline Member
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    Default Re: New Drink Driving Legislation Effective 1st June 2013

    Oh my Goodness I am so glad that I have seen this, I was told on Friday that under section 88 I can drive from Midnight on 29th May yet can I if the new law comes in two days later as realistically I'm not going to drive a one minute past on 30th?

  3. #3
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    Default Re: New Drink Driving Legislation Effective 1st June 2013

    Quote Originally Posted by zena View Post
    Oh my Goodness I am so glad that I have seen this, I was told on Friday that under section 88 I can drive from Midnight on 29th May yet can I if the new law comes in two days later as realistically I'm not going to drive a one minute past on 30th?
    Hi Zena,

    The new legislation will only apply to any relevant convictions received on or after 1st June 2013. Since you were convicted before this date, the old legislation will still apply. However, we always recommend that when not in possession of a full valid driving licence you should always clarify your legal entitlement to drive by contacting the DVLA directly.

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  4. #4
    bristol.red is offline No Longer a Member
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    Default Re: New Drink Driving Legislation Effective 1st June 2013

    I certainly do not agree with this new legislation. I applied for my licence back last October and still have not even been sent for the DVLA medical yet. That is 7 months ago. Even when I do get sent to the medical, I'm sure I will be waiting for another 3 months before a supervisor eventually grants my licence. Three months is the current waiting list, if a supervisor has to look at your application. I know this because DVLA have passed my application onto a supervisor twice on my current application and each time I have been at the bottom of a 3 month que, hence why I have been waiting 7 months so far and expect to be waiting another 3 or 4 months yet. It is pathetic and I am glad the new legislation does not apply to me. Even when they eventually do give me the licence it will probably only be for 12 months and I will have to go through it all again next year.

  5. #5
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    Default Re: New Drink Driving Legislation Effective 1st June 2013

    "the most dangerous offenders will have to prove they are no longer dependent on alcohol"

    There seems to be an assumption that a very drunk driver has an alcohol dependency.

    What about the texters and phone users? Do they have to prove they no longer have a dependency?

    I guess the medical focusses on some sort of liver test that shows potential habitual alcohol use. I remember a Doctor friend of mine having to go through such a test.He claimed that a negative test was not conclusive evidence.

    I think the key to this being acceptable is whether the medical gets done quickly or not.

    Just like rising insurance prices it will probably tempt more people to drive illegally.

  6. #6
    habanero is offline Member
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    Default Re: New Drink Driving Legislation Effective 1st June 2013

    There is going to be a huge outcry against this given how long some peoples medicals and decision are taking, in effect it is extending the disqualification periods in a way that could be indefinite in some cases where there are complex medical background checks to make.

    I fail to see how this does not amount to discrimination: there is no such ruling for people convicted of other motoring offences, there is no requirement for a medical to even get a license in the first place unless you state you have a medical problem.
    bristol.red likes this.

  7. #7
    bristol.red is offline No Longer a Member
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    Default Re: New Drink Driving Legislation Effective 1st June 2013

    Quote Originally Posted by habanero View Post
    There is going to be a huge outcry against this given how long some peoples medicals and decision are taking, in effect it is extending the disqualification periods in a way that could be indefinite in some cases where there are complex medical background checks to make.

    I fail to see how this does not amount to discrimination: there is no such ruling for people convicted of other motoring offences, there is no requirement for a medical to even get a license in the first place unless you state you have a medical problem.
    Just bought this to the forums readers attention on an old thread http://www.forum.drinkdriving.org/ge...sion/46159.htm but I for one agree 100% with your post.

  8. #8
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    Default Re: New Drink Driving Legislation Effective 1st June 2013

    Quote Originally Posted by bristol.red View Post
    Just bought this to the forums readers attention on an old thread http://www.forum.drinkdriving.org/ge...sion/46159.htm but I for one agree 100% with your post.
    Just read your comments in the other thread and yeah this is exactly what I'm seeing happening. The fact that the DVLA do the information gathering sequentially rather than in parallel and the fortnight it takes them to scan documents onto their system all adds up. You could end up with sequences of: Questionnaire, DVLA medical, contact GP, contact consultant(s) if any are relevant and if each on is taking 6-9 weeks to turn around before they're even at a point to start considering the information it's just a joke.

    It's discrimination that they're systems and processes are now preventing people from legally driving when entitled too and thereby extending the ban duration, it also means that people doing the course for a reduction in ban length will never be able to actually get that reduction. It's like the carrot on a stick that the donkey will never get no matter how hard it tries.

  9. #9
    gutted is offline Established Member
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    Default Re: New Drink Driving Legislation Effective 1st June 2013

    Quote Originally Posted by habanero View Post
    It's discrimination that they're systems and processes are now preventing people from legally driving when entitled too and thereby extending the ban duration, it also means that people doing the course for a reduction in ban length will never be able to actually get that reduction. It's like the carrot on a stick that the donkey will never get no matter how hard it tries.
    Firstly they're not stopping people from legally driving when they are entitled to - they are removing the entitlement. Given that this doesn't apply to existing convictions - only new ones - I can't understand what is wrong with it. Why would anyone have a problem with it unless they were intending to drink and drive? Don't drink and drive and you'll never be affected.

    Secondly, there is absolutely no reason you can't fulfil the medical requirements before the end of the ban. When I was banned (July '09 - April '10) I applied for my license in Feb, did the medical in March and then I had the license back well before I was allowed to drive again.

  10. #10
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    Default Re: New Drink Driving Legislation Effective 1st June 2013

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    Quote Originally Posted by gutted View Post
    Firstly they're not stopping people from legally driving when they are entitled to - they are removing the entitlement. Given that this doesn't apply to existing convictions - only new ones - I can't understand what is wrong with it. Why would anyone have a problem with it unless they were intending to drink and drive? Don't drink and drive and you'll never be affected.

    Secondly, there is absolutely no reason you can't fulfil the medical requirements before the end of the ban. When I was banned (July '09 - April '10) I applied for my license in Feb, did the medical in March and then I had the license back well before I was allowed to drive again.
    They are removing the entitlement to drive until they complete a process where they demand that you satisfy a medical when returning after a ban - something which is not done for other offences. You may have quit drinking the very day you got caught and not touched a drop since but they are potentially preventing you from driving beyond the date at which your court enforced disqualification ends.

    You are right, there is absolutely no reason that you wouldn't be able to fulfill the medical requirements. However the DVLA's own processes and procedures are the spanner in the works there as many people have discovered.
    My disqualification ended 7th March 2012, I returned everything promptly in the January beforehand and it was the end of May 2012 when I finally got my license back from them. They had issued me a 1yr license because of my medical history, fair enough I don't have any issue with that. This year I again returned all the documents as required, returned them within 48hrs of getting them and currently I'm driving under section 88, having rang them three times as the date neared and passed for expiry of the license and eventually got the letter confirming section 88 applies.
    It is their turn-around times because of lack of processes that cause the delay in issuing the license and there is no upper time limit for them to complete anything, only a cop out of "we expect this to take xx weeks". So the effect is that a persons disqualification is no longer the period set by the judge, it is now that period plus however long it takes for the DVLA to decide that you are fit to drive again, which may be quick and in time for the end of your ban or it may be as long as a piece of string.
    I notice by the way the dates on your ban - this was before the kick off with the people who's alcohol levels had not been passed to the DVLA, which caused the backlog of cases that they are now dealing with and hence the long delays.

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