Are you currently a key worker and serving a driving disqualification?
Are you having difficultly getting to work in the COVID-19 pandemic?
We may be able to get your driving disqualification cut short.
The Law
Section 42 of Road Traffic Offenders Act 1988 states if you are serving a driving disqualification it may be possible to apply for the return of your licence early if:
Who is Classed as a Key Worker?
Health and social care
Frontline health and social care staff such as doctors, nurses, midwives, paramedics, as well as support and specialist staff in the health and social care sector. In addition it includes those working in supply chains including producers and distributors of medicines and personal protective equipment.
Education and childcare
Nursery, teaching staff and social workers.
Key public services
Those required to run the justice system, religious staff, as well as those responsible for managing the deceased, and journalists providing public service broadcasting.
Local and national government
Administrative occupations essential to the effective delivery of the Covid-19 response or delivering essential public services, including payment of benefits.
Food and other necessary goods
Those involved in the production, processing, distribution, sale and delivery of food.
Public safety and national security
Police, support staff, Ministry of Defence civilian staff and armed forces personnel, fire and rescue staff, and those responsible for border security, prisons and probation.
Transport
Those who will keep air, water, road and rail passenger and freight transport modes operating during the Covid-19 response.
Utilities, communication and financial services
Staff required to keep oil, gas, electricity, water and sewerage operations running. Staff in the civil nuclear, chemical and telecommunications sectors. Those in postal services and those working to provide essential financial services.
Application – The Process
Although most Courts are dealing with “urgent hearings” they do seem to be willing to entertain such applications for Key workers and are treating them as emergency/priority hearings.
A formal written application must be made to the court that imposed the original ban for early removal of your disqualification. The application cannot be made before the criteria that is outlined in Section 42 RTOA 1988. At court, the bench or District Judge will consider the following criteria:
- The offender’s character;
- Post-conviction conduct such as any significant changes made since the offence;
- The nature of the offence for which he was convicted; and
- Any other circumstances of the case, such as why you require your driving licence back.
Do I need Legal Representation?
If your application is refused, you can not have your application considered again for another three months. Therefore, for your best chance of success, we strongly recommend that legal representation is obtained.
Call Us Now Free on 0800 1389 123
Call Geoffrey Miller Solicitors 24 hours 7 days a week
Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.
You can also book an appointment with Jeanette Miller a.k.a. Miss Justice using our online booking system. If Jeanette is unavailable for your preferred date and time you can book an appointment with a member of our legal team. Please have as much information about your enquiry before the call e.g. Date of Hearing, Paperwork etc.
6 Comments
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Andrea Hill
on November 23, 2020Hi my driving disqualification is up march 2021. I was banned for 20 months from December the 4th however I’ve recently sat the driving course and have passed it so they have knocked 20 weeks off my ban. This is now up 16th march 2021. Im a community career and have not been able to work through the pandemic as my job requires a vehicle. Is there any chance I can apply for it back earlier than march 2021. My employer has offered me my job back but I need to be able to drive. Lots of staff are currently off due to covid-19
Any help would be appreciated
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Jeanette Miller
on November 23, 2020Hi Andrea,
Thank you for your enquiry.
Unfortunately, as you were banned for a total of 20 months, there is no option to ask the court to remove your disqualification early. Where a ban of less than 4 years is imposed, a minimum of 2 years needs to pass before it is possible to ask for an early reinstatement of a driving licence. As you have completed the Drink Driver Rehabilitation Course, this is the only way to reduce the overall length of your ban.
Kind Regards
The Geoffrey Miller Team -
Haleema Sadiya
on November 25, 2021I have a question,
I passed my driving in 2019 and have got three points on my license. I was caught speeding however I’m a key worker and I could potentially lose my job is I get 6. It’s important I use my car as I provide care and have to have the ability to get to the designated houses. Why would the best plan for me to do? Thankyou
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Jeanette Miller
on November 30, 2021Dear Haleema,
Thank you for your query.
You may be offered the option to complete a Speed Awareness Course if your recorded speed is within the category that qualifies you to do so in lieu of penalty points or disqualification. Please note you can only complete the course once in three years and if eligible the police will notify you. The court cannot offer a speed awareness court.
The magistrates have discretion to endorse your licence with penalty points or disqualification depending on the recorded speed. If you have had your licence for less than two years, and your licence is endorsed with six penalty points or more, the DVLA will revoke your licence, as you are a new driver. You can only accumulate six penalty points in the first two years. To apply for a licence if it were revoked , you would have to undergo the theory and the practical test again. Alternatively, you could choose to attend court to advance mitigation and ask for a short-term ban to avoid revocation of your licence. We could assist with this option.
If you require further information, please get in touch with us on 0161 274 5580.
I hope this assists.
The Geoffrey Miller Team
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Emma Dodge
on February 10, 2022I am a hgv driver and sadly and stupidily I have got 6 points on my lisence and have got another ticket coming in the post any day now. If these three more points go on my lisence I will lose job, I was court doing 35mph in 30mph zone.
Is there anything I can do?
Thank you -
Jeanette Miller
on February 10, 2022Dear Emma
Thank you for your query.
You may be offered the option to complete a Speed Awareness Course in lieu of penalty points. Please note you can only complete the course once in three years, and if eligible, the police will notify you. The court cannot offer a speed awareness court. Alternatively, you could choose to attend court to advance mitigation and ask for a short-term ban instead of three penalty points, the court may consider this if you would lose your job .
If you require further information, please get in touch with us on 0161 274 5580.
I hope this assists,
The Geoffrey Miller Team
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