Q&As

Can special reasons be argued when a driver has started their journey with learner plates and when stopped no longer had the plates on the vehicle, contrary to driving otherwise than in accordance with a licence under section 87(1) of the Road Traffic Act 1988? Are there any relevant key cases?

read titleRead full title
Published on LexisPSL on 28/11/2019

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • Can special reasons be argued when a driver has started their journey with learner plates and when stopped no longer had the plates on the vehicle, contrary to driving otherwise than in accordance with a licence under section 87(1) of the Road Traffic Act 1988? Are there any relevant key cases?
  • Emergency
  • Marks v West Midlands Police (1981) RTR 471
  • Whittall v Kirby [1946] 2 All ER 552
  • Special reasons and avoiding obligatory license endorsement

Driving other than in accordance with a licence is an offence, contrary to section 87(1) of the Road Traffic Act 1988 (RTA 1988) and Schedule 2 to the Road Traffic Offenders Act 1988. The definition of the offence is that the provisional driver must comply with conditions and if they drive a vehicle in contravention of the conditions they commit an offence.

A provisional licence holder must:

  1. not drive except under supervision of a qualified driver who is present with them in the motor vehicle (unless the motor vehicle is a motorcycle)

  2. display leaner (L) plates to front and rear

  3. not draw a trailer

  4. not ride a motorcycle not having a sidecar and carrying another person

  5. not drive on a motorway

The sentencing guidelines for this offence is a level A fine of £1000 and up to 3–6 penalty points.

However, for the purposes of the question, whether they were driving the vehicle with L plates at the start of the journey and when stopped had no L plates is irrelevant, as the offence is committed by the fact they were driving the vehicle without a licence.

Driving without a licence is deemed to be an absolu

Related documents:

Popular documents