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UK ban while resident in Spain

#1
Hello,


Until July 2012 my wife was permanently resident (since 1995) in Spain with a Spanish license.
During a brief visit to the UK in 2009 she was arrested for DD and the court imposed an 18 month ban.
She returned to Spain and continued driving on her Spanish license.
In July 2012 we moved from Spain direct to the Isle of Man where she changed her Spanish license for an IoM license without problem.
She continued to drive in the Isle of Man and in the UK until we moved back to the UK in Nov 2013.
In Jan 2014 she applied to change her Isle of Man license to a UK license.
They sent her a license, but strangely it was in her maiden name and did not show the DD conviction.
Last month they wrote to her asking her to confirm her address in UK at time of conviction (her parents house), which she did.
They have now written to her saying that the period of her ban starts from now, not the date of conviction.

Is this right? Seems a little strange to me.

Any advice would be gratefully received.

Many thanks.
 
#2
Every order of disqualification commences from the moment the order is pronounced as a disqualification and is effective as soon as it is ordered by the Court. In other words as soon as the Court pass sentence, the disqualification takes immediate effect, it is not able to start on a future date.

It is possible that the DVLA are confusing themselves and for some reason your partner is classed as a 'high risk offender' and would therefore have to complete a medical before her licence was re-instated. However this would still not mean that she has to serve an 18 month disqualification.
 
#3
Many thanks for that,

I have re-read the letter they sent and it looks like the standard letter they send out at the start of a disqualification. I now need to establish if she is 'high risk' as we have lost the original court papers in the move so are not sure what level she tested at originally.

Can she still continue to drive as she has applied for a new license or will she have to wait until the new license arrives?


Thank you for all your help.
 
#4
I would advise calling the DVLA to check if she is still able to drive at this stage. It could be that your wife is awaiting a medical with the DVLA, if this is the case she may well be able to drive under the Section 88 provisions. However, I would not advise that she drives until she receives definitive confirmation from the DVLA one way or another.
 
#5
I would advise calling the DVLA to check if she is still able to drive at this stage. It could be that your wife is awaiting a medical with the DVLA, if this is the case she may well be able to drive under the Section 88 provisions. However, I would not advise that she drives until she receives definitive confirmation from the DVLA one way or another.



Thanks Sean.
 
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