Penalties for driving without a licence
‘Driving otherwise in accordance with a licence’ is the correct term for driving without a licence and is an offence contrary to Section 87(1) of the Road Traffic Act 1988. The offence carries a penalty of 3 – 6 penalty points and a fine of up to £1000.
Circumstances amounting to driving without a licence can arise in many situations. Some examples would be driving following a licence being revoked or refused on medical grounds, driving after making a false declaration about fitness when applying for a licence or driving when failure to notify the DVLA about a disability has been made. Another more obvious example would be driving a vehicle when a driving licence has never been owned.
Driving without a licence loopholes
Any penalty points being added to a driving licence can result in serious financial and practical difficulties, which is why they should be avoided. Driving without a licence can in some cases, result in a policy of insurance being invalid, which if convicted, would result in 6 – 8 penalty points being added to the driving licence. This is not always the case even if the police say it is!
UK legislation states that it is for the driver to show that he/she had a valid driving licence and not for the police/CPS to prove they did not. Anybody facing an allegation of driving without a licence should seek expert legal advice as it may be that the offence can be withdrawn following negotiations with the insurance company and the police/Crown Prosecution Service.
Either way, driving without a licence is not a position anybody should want to be in and should of course be avoided where possible.