A QUESTION FOR PRICE1367

Convicted Driver Insurance

chris125

Well Known Member
John....a wee question for you.

I'm in Northern Ireland. I just recently got my provisional back and am doing my test again on 6th May. Prior to my ban I also had a full motorcycle licence. DVA have told me that as soon as I pass my practical bike test again I will have my full licence reinstated to exactly the same level as I had it previously. They didn't mention anything about the size of bike etc.
A local bike riding instructor told me that I would need to do my test on a larger bike (600cc via direct access course) in order to have full entitlement restored otherwise I'd be restricted in the size of bike I could ride. I think he's wrong, just like my car instructor who thought I'd have to put R plates up again when I pass my car test.

Obviously I'd prefer to re-do my bike test on a small 125cc bike but only if it means I can ride whatever I like once I pass the test. Can you clarify?
 
Chris,
this is the relevant legislation:


The Road Traffic (Northern Ireland) Order 1995

(6) Where a person is disqualified under this Article, he shall also be disqualified for holding or obtaining a full licence until he has, at some time after the expiry of the period for which he is disqualified, passed a test of competence to drive.

You will note that it says passed a test of competence to drive.... It makes no mention of an engine size. In my opinion, when you have passed such a test, you get back all the categories that you had before, so if you had a full licence for any size of motor cycles before, that is what you get back after the test of competence - and the Instructor is wrong.
The legislation in different in England, but the effect is the same and you get all categories that were previously on your licence back.

Hope this helps.
 
Thanks John
I had thought this was the case but thought I'd ask you. You'd be surprised how many driving instructors don't know the rules about this. Actually you probably do know!

Many Thanks
Chris
 
John, just to add further confusion to this story.......
This morning I passed my car test. I'm over the moon, but afterwards the examiner said I should send my pass certificate and my provisional to the DVA to get my full licence. I said I might wait until I have done my bike test. He told me that I will automatically get my full bike license back again without doing a test now that I have passed the car test. I asked him if he was sure and he said he was.
It seems to be that everyone has a different opinion on this subject. My solicitor didn't have a clue at the time I was banned, 2 different riding instructors have given me different opinions and even the DVA, who I have spoken to on 3 separate occasions, are giving me different answers and don't seem to know what the real facts are. Any idea how I can find out with 100% certainty where I am with all of this?
 
Chris,
if you look at my last post, you will see that the examiner is correct. You have to pass a competence to drive in only ONE of the categories that you had on your licence, and you get them all back as your full licence is restored.
 
John, this sounds almost too good to be true!!
I'm not doubting your word but I know UK has different rules to Northern Ireland so are you sure this rule applies to Northern Ireland too?? I really hope you are right.
I had been led to believe that I had to be retested in each category separately and I was convinced I had to do my bike test again. It's the confusion surrounding it all and no-one being able to give me a definitive answer that is baffling me but I have to say I like the sound of your answer more than anyone elses!
 
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Chris,
The legislation that I quoted is the Northern Ireland Order that relates to getting your licence back by passing a competence to drive, singular. English legislation says that you only have to pass one test to get all categories back. Consequently I believe that the effect is the same in both areas.
I will check on Monday and get the definitive answer for you. TTC run courses both here and in Northern Ireland but I am not directly involved in your courses. (because of the differences between the two)
 
price1367 said:
Chris,
The legislation that I quoted is the Northern Ireland Order that relates to getting your licence back by passing a competence to drive, singular. English legislation says that you only have to pass one test to get all categories back. Consequently I believe that the effect is the same in both areas.
I will check on Monday and get the definitive answer for you. TTC run courses both here and in Northern Ireland but I am not directly involved in your courses. (because of the differences between the two)
Click to expand...

Thanks John. I'd be most grateful if you could find out. I find it bizarre that no one at the DVA or even local riding instructors can answer my question with any certainty. All I get in reply from them is "I think so" and "it might be"......frustrating to say the least!
 
chris125 said:
John, just to add further confusion to this story.......
This morning I passed my car test. I'm over the moon, but afterwards the examiner said I should send my pass certificate and my provisional to the DVA to get my full licence. I said I might wait until I have done my bike test. He told me that I will automatically get my full bike license back again without doing a test now that I have passed the car test. I asked him if he was sure and he said he was.
It seems to be that everyone has a different opinion on this subject. My solicitor didn't have a clue at the time I was banned, 2 different riding instructors have given me different opinions and even the DVA, who I have spoken to on 3 separate occasions, are giving me different answers and don't seem to know what the real facts are. Any idea how I can find out with 100% certainty where I am with all of this?
Click to expand...

Congratulations on passing your test Chris. x
 
Thanks Claire
It is an immense feeling of relief. When you take something for granted for so long then suddenly it's gone, well it isn't a good feeling is it?
 
chris125 said:
Thanks John. I'd be most grateful if you could find out. I find it bizarre that no one at the DVA or even local riding instructors can answer my question with any certainty. All I get in reply from them is "I think so" and "it might be"......frustrating to say the least!
Click to expand...

Chris,
I have the answer from our Senior Northern Ireland trainer and in the true Ireland spirit, it is neither one nor the other....!
You have to pass your theory and practical test to get your car licence back. This entitles you to apply to get your Goods Vehicle licence back as well.
As to motor cycles, however, you DO have to retake your practical test to get that category back, but you do not have to take your CBT, the theory for the car counts for both.
Clear?
 
price1367 said:
Chris,
I have the answer from our Senior Northern Ireland trainer and in the true Ireland spirit, it is neither one nor the other....!
You have to pass your theory and practical test to get your car licence back. This entitles you to apply to get your Goods Vehicle licence back as well.
As to motor cycles, however, you DO have to retake your practical test to get that category back, but you do not have to take your CBT, the theory for the car counts for both.
Clear?
Click to expand...

As clear as mud John but I know it isn't your fault! lol
The latest development is that DVA tell me I must take a new bike theory test (I took it last week and passed). They aren't sure if I need to take the CBT course or the off-road manoeuvres test and are going to call me back when they find out. They have confirmed that I definitely need to do a practical on-road test though. The plot thickens!
 
chris125 said:
DVA tell me I must take a new bike theory test
Click to expand...

For clarification John......they say that a theory test for a car is not acceptable for bike riders because even though there are many similarities there are some specific questions on the bike theory test that are not in the car theory test and these questions and their answers are deemed to be necessary knowledge for anyone wishing to ride a bike.
I find it incredible that there are so many conflicting versions of what should be a straightforward query to DVA. I assume that your guys take their information from DVA, as do riding instructors, yet there is no clear path to the correct answer when it is queried.
 
Chris,
yes, The instructor gets information for this from DVA, yet they seem to contradict themselves.
just imagine what it will be like at the end of the year when DVLA handle everything, but Northern Ireland will be different rules....!
 
Latest news John.......I sent them an email yesterday giving the full facts of my previous driving entitlement and asked them to reply in writing telling me what I need to do next as I don't want to do elements of the overall process if they are unnecessary. I phoned this morning. They have the email but no-one knows the answer. The lady I spoke to said it was as confusing for them as it is for me! There is a guy who they think might know the answer (but they're not sure if he does) but he's off until tomorrow. The email has been passed to him and he will supposedly call me. I am not inspired with confidence, no matter what he is going to tell me. The incompetence is incredible.
 
Oh dear, Chris.....
i. Would point out what your legislation says...pass A competence to drive to get your licence back, not one for each, and the theory test you did was a competence.
although you should not perhaps mention competence to DVA, I am not sure they recognise the word.....
 
They claim that a theory test is a demonstration of knowledge-based competence, not a demonstration of practical competence!
A friend of mine has a bike licence but hasn't ridden a bike for 12 years. He could ride a bike tomorrow and there wouldn't be a word said about it. I last rode a bike 18 months ago. According to their rule he is more competent than me, because if they weren't claiming that then he wouldn't be allowed to ride a bike either until he proved his competence.
 
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chris125 said:
They claim that a theory test is a demonstration of knowledge-based competence, not a demonstration of practical competence!
Click to expand...
I would point out to them that if that was the case, then the legislation would say "pass a relevant competence to drive, whereas is says that to get your licence back (no mention of PARTS of your licence) you have to pass A competence to drive.
 
They are draining me of energy and enthusiasm. Perhaps it would be easier just to go through the whole process from the beginning and avoid the maybe/maybe not stuff.
 
Reading this Chris, it's just unbelievable...the whole situation is crying out for the law to be standardised between Ni and the rest of the UK...with the imminent demise of Coleraine this will perhaps be sooner rather than later...also, I hope the MOT is standardised too as it's become a bit of a cash cow for those involved...
 
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