Learner Drivers Beware!

Harsh as it may seem, there is only one minimum standard of driving, and there are a few things to watch out for to ensure you don’t get a ban, or points on your licence before you have passed your test.

The standard of driving is the same for provisional licence holders as it is for holders of a full licence. This may seem nonsensical given the fact that those with a provisional are still learning how to drive. However, it is necessary to have certain standards that all drivers must follow, in order to ensure the safety of all road users.

This is not a new state of affairs. The case that established this fact was McCrone v Riding, in 1938. A learner was first acquitted by magistrates of careless driving because they considered that he had exercised all the care and attention that should be expected of someone as inexperienced as he was. However, this decision was appealed and the crown court decided that “there is only one minimum standard of driving” that all drivers must adhere to, whether holding a full licence or not. This brought parity to the standard of driving test applied whether the learner driver faced prosecution for speeding, dangerous driving, or anything else.

To avoid worry about meeting the standards while you’re learning, make sure whoever is supervising you is up to the task!

Often, a family member or friend is the best person to help you to get a bit of practising done between lessons with an instructor. There are several conditions determining who can supervise learner drivers, so it is important to make sure that you pick someone eligible. The penalty for driving without the correct supervision is a fine of up to £1000 and up to 6 points on your provisional licence, so choose wisely!

A supervisor must:

• Be at least 21 years old
• Be qualified to drive that type of vehicle (manual licence holders for manual cars etc)
• Have had a full licence for at least 3 years
• Not currently be banned from driving

However difficult it is to persuade family or friends to supervise you, do not offer to pay them! Similarly, do not accept an offer of supervision if anyone other than a registered driving instructor asks for money to supervise you. It is illegal to take payment for supervising a learner.

A supervisor, is deemed to have a level of control over the vehicle that they are supervising. This means that when sitting in the car, they must show the same care and attention that a driver would. For example, supervisors must not use their phones, or, drink alcohol. Using a mobile while giving a lesson or supervising could lead to a fine and 6 points. Being over the alcohol limit would likely constitute the offence of drunk in charge.

You must ensure that the vehicle you are using is suitable and kitted out correctly.

The car must follow all the usual rules, in that it must be taxed, insured, have an MOT, be registered with the DVLA, and be safe to drive. Again, ignorance of the checks a driver must carry out on a vehicle, or the admin that needs to be done before driving, will not save you from a penalty. It would be a good idea to brush up on what to look out for, to make sure a vehicle is safe (check your tyres for a start!).

The car you are driving must be insured! Driving an uninsured vehicle could lead to 6-8 points, an unlimited fine, and even a disqualification, so make sure this is done before you start.

If the car is yours;

• You must be the registered keeper; and
• You must have your own policy covering you as a learner driver.

If it is your supervisor’s car;

• You must be added to their insurance as a named driver; and
• You will still need your own learner’s insurance to cover you, driving their vehicle.

Some insurance companies require a supervisor to be over 25 in order for their policies to be valid; so read the fine print!

Insurance can be a tricky business and sadly, that trend continues when it comes to actually passing your test. Learner driver insurance is not the same as new driver insurance and though some insurers offer policies that cover you for the drive home from the test centre, or further, once you pass, most are void from the moment you receive the certificate. This means that either you must organise a new policy before setting off, or arrange for a lift to and from the test. Setting up insurance can be done relatively quickly, so, if you are desperate to drive away in triumph afterwards, do your research beforehand; then it is simply a case of signing up before leaving the test centre (as long as there is phone signal!)

A short-term policy can also be a solution, particularly if you are sharing a vehicle with a family member or friend who has already insured it for themselves. Short-term policies can be for as little as an hour. Be careful using this method if it is your own car, however, because once your time is up you could be breaking the law. It is illegal to own an uninsured car whether you are driving it or not. The only other option would be to declare your car off the road with a SORN (statutory off-road notice) which can be applied for on gov.uk. It’s all a bit of a faff!

With the above in mind, whack some ‘L’ plates (or ‘D’ plates in Wales) on, and get started on your driving adventure. Make sure, however, that they are on the front and back and that they are the right size. Guides on the correct sizes can be found on gov.uk. Having a dodgy ‘L ‘plate is the same as not having one at all, so it’s important to check!

Once you have passed your test and are fully licenced you should remove your ‘L’ plates. However, it is not an offence to display them after you have passed so don’t panic about scraping them off in the car park of the test centre. Additionally, as a new driver you may wish to display ‘P’ plates. These alert other drivers to the fact that you are inexperienced and can give more nervy recent passers peace of mind. ‘P ‘plates are not a requirement so there is no rush to install them after you pass, or at all if you do not feel the need.

The classic first experience behind the wheel for learners is usually doing slow loops around a quiet car park or industrial estate. For those in more rural areas, maybe it would entail loops around a field. Though these experiences are similar, there is an important difference. If driving on private land to which the public did not have access to and cannot enter, then driving on this land does not present an issue as you are not driving on a road or other public place. This is not the case for industrial estates or car parks! On any road or public place, the usual rules apply and you must meet the legal requirements to drive on a provisional licence (as above), even if you only intend on crawling around a deserted car park in second gear.

If you choose to practise driving before you get your provisional or without the requirements of a provisional licence (supervisor/L plates etc) on a car park, you could end up with some major problems before you even pass your test. You will likely be committing the offences of driving other than in accordance with a valid licence (3-6 penalty points) driving whilst uninsured (6-8 points) and possibly other offences such as careless driving. Your supervisor could also land themselves in hot water with a causing or permitting a driver to drive uninsured offence that carries the same 6-8 points as if you were the uninsured driver.

Once you are confident enough, or, bored enough of the car park, you will want to venture out onto the roads and practice for the test. Many learners and new drivers find that driving on motorways can take some getting used to. That being said, as a learner, motorway practice is reserved for sessions with an approved driving instructor, in a car fitted with dual controls. You must not go on the motorway in any other circumstances until you have passed your test!

A learner, like any other driver, can get points on their provisional licence, or a disqualification, and can even tot up to a ban; if they have enough time to commit several point-worthy offences before their test.

These points are not wiped from a licence when you pass your test so, be careful! New drivers are only allowed up to 6 points on their full licence before the licence is revoked by the DVLA. However, if you pass your test and already have 6 points on your licence, you will not have to do a U-turn in the test centre and do it all again. In this situation the points accrued when you were a provisional licence holder will remain on your full licence. If you then accumulate any further points within the first two years of driving these points will trigger revocation by the DVLA. This does mean you would have to retake your test including your theory and practical.

Passing your driving test can be a landmark occasion in a young person’s life where the independence and freedom you attain are momentous. To most people, even if you are only recently fully qualified to drive, the idea of having to start all over again due to some minor motoring transgressions is horrific.

We are often able to avoid that dreaded revocation and so we strongly advise you get in touch if you are facing any motoring prosecution as a learner or new driver. Our early input can positively change the trajectory of the situation so you are able to continue to drive without having to go back to the drawing board.