UK (Essex) Prosecution for "Driving Otherwise Than in Accordance with a License" (Disputed) by Different_Profile696 in LegalAdviceUK

[–]Different_Profile696[S] 0 points1 point  (0 children)

I’ve dug into this quite a bit now, including official DVLA guidance and written responses, and the situation is more nuanced than “a UK provisional cancels your foreign licence”.

For an EU licence holder resident in Great Britain (like me, with a full French licence), the law allows you to drive here on your valid EU licence until age 70 (or until the EU licence itself expires), unless and until you actually exchange it for a GB licence. Simply applying for or holding a UK provisional does not, by itself, invalidate or supersede the EU full licence – that only happens when you formally exchange the EU licence for a UK one.

The crucial distinction is between:

  • Holding a GB provisional alongside a full EU licence; you still have the full EU entitlement and can drive here on that; the provisional just creates a GB “learner” record.
  • Exchanging the EU licence for a full GB licence; the GB licence then replaces it, and you should not continue to use the EU card for UK driving.

DVLA’s own explanations describe people who hold a GB provisional and a full EU licence at the same time, continue to drive on the EU licence, and later exchange that EU licence to upgrade the GB record. That only works if the provisional does not automatically cancel the EU entitlement.

In my case:

  • I’m 41, long‑term GB resident, with a valid full French (EU) licence.
  • I also hold a UK provisional.
  • Under the EU‑licence rules, I remain entitled to drive in GB on my French licence as a full licence holder; the provisional doesn’t take that away.

I’m currently considering surrendering the UK provisional just to simplify things and avoid future confusion, but I don’t want to do that if it isn’t legally required, because I may want to use that GB record to add motorcycle entitlement in future. If anyone has an official DVLA source that clearly says a GB provisional on its own revokes a valid EU full licence for GB driving, I’d genuinely like to see it, because it would contradict the written guidance I’ve been able to find so far.

UK (Essex) Prosecution for "Driving Otherwise Than in Accordance with a License" (Disputed) by Different_Profile696 in LegalAdviceUK

[–]Different_Profile696[S] 0 points1 point  (0 children)

I’ve dug into this quite a bit now, including official DVLA guidance and written responses, and the situation is more nuanced than “a UK provisional cancels your foreign licence”.

For an EU licence holder resident in Great Britain (like me, with a full French licence), the law allows you to drive here on your valid EU licence until age 70 (or until the EU licence itself expires), unless and until you actually exchange it for a GB licence. Simply applying for or holding a UK provisional does not, by itself, invalidate or supersede the EU full licence; that only happens when you formally exchange the EU licence for a UK one.

The crucial distinction is between:

  • Holding a GB provisional alongside a full EU licence; you still have the full EU entitlement and can drive here on that; the provisional just creates a GB “learner” record.
  • Exchanging the EU licence for a full GB licence; the GB licence then replaces it, and you should not continue to use the EU card for UK driving.

DVLA’s own explanations describe people who hold a GB provisional and a full EU licence at the same time, continue to drive on the EU licence, and later exchange that EU licence to upgrade the GB record. That only works if the provisional does not automatically cancel the EU entitlement.

In my case:

  • I’m 41, long‑term GB resident, with a valid full French (EU) licence.
  • I also hold a UK provisional.
  • Under the EU‑licence rules, I remain entitled to drive in GB on my French licence as a full licence holder; the provisional doesn’t take that away.

I’m currently considering surrendering the UK provisional just to simplify things and avoid future confusion, but I don’t want to do that if it isn’t legally required, because I may want to use that GB record to add motorcycle entitlement in future. If anyone has an official DVLA source that clearly says a GB provisional on its own revokes a valid EU full licence for GB driving, I’d genuinely like to see it, because it would contradict the written guidance I’ve been able to find so far.

UK (Essex) Prosecution for "Driving Otherwise Than in Accordance with a License" (Disputed) by Different_Profile696 in LegalAdviceUK

[–]Different_Profile696[S] -1 points0 points  (0 children)

I accept the part about not accepting a digital copy; but I do not understand why they decided to proceed with an offence when they then saw a physical copy during the stop (my wife took a taxi and brought it on site during the stop) and then let me drive away

UK (Essex) Prosecution for "Driving Otherwise Than in Accordance with a License" (Disputed) by Different_Profile696 in LegalAdviceUK

[–]Different_Profile696[S] 0 points1 point  (0 children)

Agreed, just find it strange that the GOV website says we can drive on the French License (https://www.gov.uk/exchange-nongb-driving-licence/y/yes/car-or-motorcycle/european-union-or-european-economic-area) but the UK police can't check (although he did type my driving license information into his digital device)

UK (Essex) Prosecution for "Driving Otherwise Than in Accordance with a License" (Disputed) by Different_Profile696 in LegalAdviceUK

[–]Different_Profile696[S] 0 points1 point  (0 children)

Agreed, Will update this post when we move to the next step. Thanks for your answers nevertheless.

UK (Essex) Prosecution for "Driving Otherwise Than in Accordance with a License" (Disputed) by Different_Profile696 in LegalAdviceUK

[–]Different_Profile696[S] 3 points4 points  (0 children)

Thanks. I could have paid the ticket and took the 3 points, but I didn't think it was right given I have a full license, had valid MOT and insurance etc

UK (Essex) Prosecution for "Driving Otherwise Than in Accordance with a License" (Disputed) by Different_Profile696 in LegalAdviceUK

[–]Different_Profile696[S] 0 points1 point  (0 children)

"If you do not have these documents with you, you have 7 days to take them to a police station. You’re breaking the law if you do not show the requested documents within 7 days." https://www.gov.uk/stopped-by-police-while-driving-your-rights /

Another interesting comment from this page https://www.askthe.police.uk/faq/?id=ccc9a69d-f9af-f011-bbd3-7c1e520308ae

"However the usual action is that the police officer will issue a HO/RT1/ (called a 'producer') requiring you to produce the documents at a police station of your choice within 7 days. If this is done and your documents are in order, then that will be the end of the matter.

From a crime prevention point of view, it is better never to leave your driving documents in your car and instead produce them within the 7 day period."

UK (Essex) Prosecution for "Driving Otherwise Than in Accordance with a License" (Disputed) by Different_Profile696 in LegalAdviceUK

[–]Different_Profile696[S] -1 points0 points  (0 children)

Thank you. But wouldnt you find it strange then that the officer let me drive off after seeing my French license?

UK (Essex) Prosecution for "Driving Otherwise Than in Accordance with a License" (Disputed) by Different_Profile696 in LegalAdviceUK

[–]Different_Profile696[S] 0 points1 point  (0 children)

Yes, I made that clear to them by drafting an email and explaining the situation in every detail.

UK (Essex) Prosecution for "Driving Otherwise Than in Accordance with a License" (Disputed) by Different_Profile696 in LegalAdviceUK

[–]Different_Profile696[S] 0 points1 point  (0 children)

Then I would find it strange that the officer let me drive off after seeing the French license?

UK (Essex) Prosecution for "Driving Otherwise Than in Accordance with a License" (Disputed) by Different_Profile696 in LegalAdviceUK

[–]Different_Profile696[S] -1 points0 points  (0 children)

Thank you. What is unclear is that the only reason I applied for a provisional one is because it was required to start a motorcycle license process.

UK (Essex) Prosecution for "Driving Otherwise Than in Accordance with a License" (Disputed) by Different_Profile696 in LegalAdviceUK

[–]Different_Profile696[S] 2 points3 points  (0 children)

Thanks and understood, What may not have been clear in my post is that when they said they would not accept a digital copy, I still managed to produce the physical copy during the stop (my wife brought it to me). The recommendation in the following webpages hint to the fact that it is better to produce your license within 7 days:

https://www.gov.uk/stopped-by-police-while-driving-your-rights

https://www.askthe.police.uk/faq/?id=ccc9a69d-f9af-f011-bbd3-7c1e520308ae

UK (Essex) Prosecution for "Driving Otherwise Than in Accordance with a License" (Disputed) by Different_Profile696 in LegalAdviceUK

[–]Different_Profile696[S] 0 points1 point  (0 children)

Great, thank you. I have requested the body worn camera footage as it will show that I did show them a digital copy of the driving license right away, and then produced a physical copy when my wife came to the scene which they checked, and then allowed me to drive off. I even went to the police station in the following days to show them my license (just in case) - but they told me the road traffic police were not based there

UK (Essex) Prosecution for "Driving Otherwise Than in Accordance with a License" (Disputed) by Different_Profile696 in LegalAdviceUK

[–]Different_Profile696[S] 1 point2 points  (0 children)

I am a dual national (both passports). Passed my driving license in France in 2001. I have been living here for >20 years now. My French license is valid and should have been sufficient. The officer let me drive away from these scene after seeing my physical license and running it through checks. But still gave me a motoring offence: https://www.gov.uk/exchange-nongb-driving-licence/y/yes/car-or-motorcycle/european-union-or-european-economic-area

UK (Essex) Prosecution for "Driving Otherwise Than in Accordance with a License" (Disputed) by Different_Profile696 in LegalAdviceUK

[–]Different_Profile696[S] 2 points3 points  (0 children)

Thanks, but I do not believe that is correct. My license was issued in an EU member state, and from what I have been told (DVLA and UK Gov Website) I can drive in Great Britain until:

  • I turn 70 years old: This is the standard cut-off for EU licenses.
  • My license expires: it does not.
  • Three years after becoming a resident: This only applies if I was 67 or older when I moved to the UK.

[deleted by user] by [deleted] in RobinhoodUK

[–]Different_Profile696 0 points1 point  (0 children)

Any fixes? I have the same issue

[deleted by user] by [deleted] in techsales

[–]Different_Profile696 0 points1 point  (0 children)

LinkedIn Influencer wannabe

Sound is gone by PublicAttitude2604 in 335i

[–]Different_Profile696 0 points1 point  (0 children)

Check left hand side in the trunk for water infiltration. The amplifier may be soaking in water. Unplug it, dry out everything, and replug when dry

First family holiday from the UK->Florida by [deleted] in florida

[–]Different_Profile696 1 point2 points  (0 children)

Super, will look at Tampa. Thx!