Club Arnage

Club Arnage => General Discussion => Topic started by: Christopher on April 03, 2009, 09:09:36 am



Title: Speeding.......(not me)
Post by: Christopher on April 03, 2009, 09:09:36 am

Not me, before anyone thinks about telling me how irresponsible I have been, but a friend......

French chap, living over here, still on his French licence.

Caught doing 70 in a 50 limit, in a company pool car.

What is the likely outcome?  ???

I am thinking it could be up to 6 points and hefty fine, but also getting his knuckles rapped for not changing to a UK licence (he has been here for about 5 years now).




Title: Re: Speeding.......(not me)
Post by: JDS on April 03, 2009, 09:25:30 am
No requirement to change to a UK licence if yours is valid and issued in an EU country, indeed, I drive in the UK on my French licence ;-) Non-EU licences should be exchanged (or a UK test taken, depending on where licence issued, after 12 months in the UK).

If points are deemed appropriate they could force him to change to a UK licence (and then apply the points) - they sometimes do this in France for those of us Brits that drive on a UK licence but live there (like Mrs JDS) but in our experiance we just get a fine and avoid the points .....


Title: Re: Speeding.......(not me)
Post by: termietermite on April 03, 2009, 09:44:05 am
I concur with JDS but I think with 6 points he will probably have to change his license.  I agree we do tend to get away with the odd point, but not 6.  At that level a forced change is likely, I reckon.


Title: Re: Speeding.......(not me)
Post by: Christopher on April 03, 2009, 11:45:47 am

Hmmm, thanks for that.

He will just have to wait and see what they finally try to prosecute for (so far, the company have supplied his name and address, and now he waits for the formal papers to arrive).


Title: Re: Speeding.......(not me)
Post by: termietermite on April 03, 2009, 12:01:11 pm
He certainly will not get done for not having changed his license up until now - he is not obliged to do so.  If anybody tries to tell him otherwise, come back to me and I will point him in the direction of the appropriate EU statute.


Title: Re: Speeding.......(not me)
Post by: smokie on April 04, 2009, 12:28:30 am
There is a web site which is often recommended for speeding stuff - www.pepipoo.com - not sure if they would have help on this one though.


Title: Re: Speeding.......(not me)
Post by: Leftie on April 04, 2009, 11:52:56 pm
Termie,  you are a mine of information. Just thankfull that you are recovering and you are fully mentally active.


Title: Re: Speeding.......(not me)
Post by: termietermite on April 05, 2009, 12:52:23 pm
 I only know this because it also applies to me - I drive quite legally here on my UK license.  However, there exits - as no doubt you can imagine ;) - the odd gendarme who doesn't know this.  Hence I drive around with a copy of the legislation - in French - in the wallet  with my license.  Not that I ever break the speed limit, you understand..... :angel:

I'll be at LMS testing at the circuit at the end of the month - even if Mr T has to push me!  Mending slowly - the brain is, though, much the same as it was before the shunt. ::)


Title: Re: Speeding.......(not me)
Post by: Robbo SPS on April 08, 2009, 12:19:17 am
Nearly right.

If you are given points, you would be given a DVLA driver number. OF you then acrue 12 on that number, the same hapens.

At no point do you need to change. you full eu based license takes primacy.

70 in a 50... Is it a legally  enforced area.  What stopped you, how, with what. Were the signs visable ?

How far do you push it ?

Have you been reported, or just NIP'd ? 

I'd suggest that you take the 3 points if they are offered.

I dont think its a 6 pointer, but a magistrate could give you this.

Hope it helps.



Title: Re: Speeding.......(not me)
Post by: Christopher on April 08, 2009, 08:23:22 am
Nearly right.

If you are given points, you would be given a DVLA driver number. OF you then acrue 12 on that number, the same hapens.

At no point do you need to change. you full eu based license takes primacy.

70 in a 50... Is it a legally  enforced area.  What stopped you, how, with what. Were the signs visable ?

How far do you push it ?

Have you been reported, or just NIP'd ? 

I'd suggest that you take the 3 points if they are offered.

I dont think its a 6 pointer, but a magistrate could give you this.

Hope it helps.




The chap in question was caught doing 70 in a 50 stretch of dual carriageway. The A320 I think, leading onto junction 11 of the M25.

It was a van parked in the lay-by. Plenty of signs, so no excuse really.

I assume he is waiting for the NIP now, as the company have supplied driver details to the authorities.



Title: Re: Speeding.......(not me)
Post by: lynxd67 on April 08, 2009, 09:54:04 am
There's the point though - he has a french licence so they can't give him points. Same happens here in France on an english licence. They demand a fine and you pay, but your licence is still pristine. Of course, I wouldn't recommend to the chap (oh no!) that he exchanges his french licence for an english one, then goes home and applies for a duplicate french licence saying he's lost his. Then uses the french one in the UK and the english one in france. That just wouldn't be on at all now, would it? ::)


Title: Re: Speeding.......(not me)
Post by: Christopher on April 08, 2009, 01:56:45 pm
There's the point though - he has a french licence so they can't give him points. Same happens here in France on an english licence. They demand a fine and you pay, but your licence is still pristine. Of course, I wouldn't recommend to the chap (oh no!) that he exchanges his french licence for an english one, then goes home and applies for a duplicate french licence saying he's lost his. Then uses the french one in the UK and the english one in france. That just wouldn't be on at all now, would it? ::)

Now that sounds like a cunning plan.........


Title: Re: Speeding.......(not me)
Post by: termietermite on April 09, 2009, 09:21:56 am
A cunning plan that only works (assuming your conscience allows of course) if you have an address in the other country.  If you lose a license and you live abroad, you can only get a confirmation from the DVLA to say you are entitled to a license. You can only get a replacement in your country of residence.  Not much use to those who have cut all ties with their former home.  Hence if you get points and the police insist on adding them to your license (which they can do) then you must change it. 

Anyway, Christopher, in so far as your friend is concerned, he'll just have to wait and see what happens, he may get away with it.  But I know directly of at least two people who got more than 2 points and had to change.


Title: Re: Speeding.......(not me)
Post by: Leftie on April 09, 2009, 09:26:51 pm
Last year on his way to LM, my pal's  Alfa blew its engine. So he hired whilst his was transported back to the UK.

He got clobbered for speeding. £750 and his lisense conviscated for one month!


Title: Re: Speeding.......(not me)
Post by: Kpy on April 10, 2009, 12:01:14 am
A cunning plan that only works (assuming your conscience allows of course) if you have an address in the other country.  If you lose a license and you live abroad, you can only get a confirmation from the DVLA to say you are entitled to a license. You can only get a replacement in your country of residence.  Not much use to those who have cut all ties with their former home.  Hence if you get points and the police insist on adding them to your license (which they can do) then you must change it. 

Anyway, Christopher, in so far as your friend is concerned, he'll just have to wait and see what happens, he may get away with it.  But I know directly of at least two people who got more than 2 points and had to change.

Deb - Robbo is quite correct. There is no provision in English law to compel anyone with a licence issued by an EU state to change to a UK licence, even if they commit an offence. The reverse is not true in France, as you know.
An English court can, however, bar a French or other national from driving in the UK for any period open to it under the law.


Title: Re: Speeding.......(not me)
Post by: Leftie on April 10, 2009, 01:11:39 am
Last year on his way to LM, my pal's  Alfa blew its engine. So he hired whilst his was transported back to the UK.

He got clobbered for speeding. £750 and his lisense conviscated for one month!

are you suggesting that for hiring in france we don't have to follow wthe road regulations, novel.

Peter, if he was french, it would have been £1000 and a ban.


Title: Re: Speeding.......(not me)
Post by: Douglas on April 13, 2009, 03:34:04 am
If you 'get done' for speeding either here or in EU you should tell your insurance company asap. If you don't you may not be insured,best to check contractual requirements when you renew ins..
Unfortunately this has the effect of increasing your premium unless you are very lucky,

Doug


Title: Re: Speeding.......(not me)
Post by: Christopher on April 28, 2009, 03:16:48 pm

It would appear he should have chnaged his licence......

Residents
If you have a valid community licence, this will allow you to drive in GB for the period set out below.Alternatively, you can exchange your licence for a British licence.

Provided your licence remains valid you may drive in GB:

Car, motorcycle driving licence holders (ordinary driving licence):

until aged 70 or for three years after becoming resident, whichever is the longer period
Lorry, minibus, bus driving licence holders (vocational driving licence):

until aged 45 or for five years after becoming resident, whichever is the longer period
if you are aged over 45 (but under 65) until your 66th birthday or for five years after becoming resident, whichever is the shorter period
if you are aged 65 or over for 12 months after becoming resident

In order to continue driving after these periods, you must get a British driving licence.


Taken from here.......

http://www.direct.gov.uk/en/Motoring/DriverLicensing/DrivingInGbOnAForeignLicence/DG_4022556

He has been summond to appear at court........


Title: Re: Speeding.......(not me)
Post by: termietermite on April 28, 2009, 05:01:57 pm
Christopher, we have read this quite differently!  Does it not say "provided your licence stays valid, you may drive in GB until age 70 (or for three years after becoming a resident - whichever is the LONGER period.)"??  Or was his a vocational licence?


Title: Re: Speeding.......(not me)
Post by: Christopher on April 28, 2009, 05:28:10 pm

Hmmm, yes, I think you might be right.

As far as I know he has a full valid licence...........so that means he is fine until 70.


Title: Re: Speeding.......(not me)
Post by: Robbo SPS on May 03, 2009, 12:33:00 pm

Hmmm, yes, I think you might be right.

As far as I know he has a full valid licence...........so that means he is fine until 70.

for oncei was right. its only commercial drivers, and they never seem to be residents in the uk.