UK Drivers License

It starts when you become resident.

When I arrived in the UK on a 3-year student visa, I counted my start date as the day I arrived.  (Although I still don't drive unless I'm in the US)

It's someone else's issue if she hits someone and it is then discovered that her insurance is invalid

Vicky

Oh good point, I was only thinking if she were stopped or hit something and tried to make a claim herself. Didn't think about the other person being screwed. Eeeps!!

It's someone else's issue if she hits someone and it is then discovered that her insurance is invalid

Vicky

I just thought of this - Does UK insurance offer an "uninsured driver" coverage like we have in the US?  If so, wouldn't that clause cover her if she did hit someone?

If she crashes and a claim is made, they will find out that she is in fact in the second or third year and therefore driving illegally, which invalidates her insurance.

Only partially.  The insurance company cannot refuse to meet a third-party claim just on the basis that the person was doing something illegal at the time.  If you think about it, a large number of accidents and resulting claims are due to some illegal activity, e.g. running a red light or failing to yield right-of-way when required.  So despite clauses about the need to comply with the law in all respects for the policy to be valid, they cannot deny a third-party claim, and as that is all that is required by law you could not be charged with driving uninsured in such a situation. 

I've seen similar instances debated in the past in a police legal forum which relate to "fully U.K." drivers.  For example, if somebody is stopped for no road tax or found to have no MoT certificate, he cannot also be prosecuted for driving uninsured become of those transgressions of the law.

Other parts of the insurance are a different matter, so they could certainly refuse to pay out for damage to your own car under a comprehensive policy, for example.   But as those are not legal requirements, that's just a matter between you and the insurer.

The legal issue would be, effectively, driving without a license, or if you held a U.K. provisional too, the charge of driving otherwise than in accordance with a license (e.g. no L-plates, no supervising driver etc.).

Also, does anyone know if the "25 to drive on someone else's insurance" applies to a US license? 

It will depend entirely upon the wording of the policy.  If it doesn't specifically state that those "other drivers" must hold a U.K. license, then a U.S. license is fine.


Edit for typos.

Paul, I somewhat disagree.

If the driver has informed the insurance company that she has a license to drive in the UK, but she actually does not, then that would constitute giving false information to the insurance company, therefore invalidating the insurance, and leading to the charge of driving without insurance or a license.  I've seen it happen.


Vicky

My brother almost got my mum's insurance invalidated because he forgot to call the insurance company to inform them that he had been caught on a speed camera going through a red light. Mum had to call them and explain that it was an honest mistake (completely slipped both her and my brother's minds) and that they didn't intentionally not tell the company... it was touch and go for a while as to whether they would get into trouble because of it!

I would say that if something as simple as forgetting to make a phone call to the insurance company can get you in trouble, then driving in the UK on a US licence that is no longer valid would be much more serious (as Vicky said, it is driving without a licence and without insurance).

I'm just going by the legal issues I've read, which suggest that simply failing to comply with some clause of the policy does not automatically invalidate cover and thereby leave you driving uninsured.   As I understand it there is some piece of legislation which states that a third-party claim may not be refused on such grounds.   Maybe there's some subtle difference which comes into play between that and actually giving false information? 

But regardless of the insurance issue, the license position is clear in the The Motor Vehicles (Driving Licence) Regulations.  A U.S. license is recognized for 12 months from establishing residency, and then has no legal status in the U.K. whatsoever.  So you would then be looking at driving without a license, or driving outside the terms of a provisional license if not complying with all the usual U.K. learner conditions.

It will depend entirely upon the wording of the policy.  If it doesn't specifically state that those "other drivers" must hold a U.K. license, then a U.S. license is fine.

Thanks Paul. Tim's policy does NOT specify "UK licensed driver", so I guess this means I can drive! WOOHOO!

I'm just going by the legal issues I've read, which suggest that simply failing to comply with some clause of the policy does not automatically invalidate cover and thereby leave you driving uninsured.   

I think that it is different if the failure to comply is something as serious as 'saying you have a valid license when, in fact, you don't'.  I couldn't say about the third party factor, but i know I have seen people have citizenship refused because of a conviction for driving without a license or valid insurance.

Vicky

Does the 12 month clock "reset" if you move from the UK and then return some period of time later?

I think that it is different if the failure to comply is something as serious as 'saying you have a valid license when, in fact, you don't'. 

Could be.  The way I've read it from some police sources (not that they are always reliable, of course), there is something in the insurance law which says that the company cannot refuse a third-party claim so long as a policy is in force, regardless of whether you broke any conditions of that policy.   If that is so, then clearly you cannot be charged with driving uninsured if third-party liability is covered anyway.   For example, your policy might make it a condition that you observe all traffic laws at all times, but if you cause an accident by driving at 50 in a 30 zone, that can't be used to invalidate the cover and refuse to pay out a claim to a third party.

This is certainly something where I would like to read the actual legislation being referred to, but have not been able to track down the precise act.

Does the 12 month clock "reset" if you move from the UK and then return some period of time later?

From The Motor Vehicles (Driving Licences) Regulations 1999:

Persons who become resident in Great Britain

80.  - (1) A person who becomes resident in Great Britain who is -

      (a) the holder of a relevant permit, and

      (b) not disqualified for holding or obtaining a licence in Great Britain

shall, during the period of one year after he becomes so resident, be treated for the purposes of section 87 of the Traffic Act as the holder of a licence authorising him to drive all classes of small vehicle, motor bicycle or moped which he is authorised to drive by that permit.

http://www.opsi.gov.uk/si/si1999/19992864.htm#80

As it refers to simply becoming resident, not using some more restricting clause such as "first resident," then I would assume that abandoning legal residency in Britain and then returning to take it up again at some future time would "reset" the 12-month clock, although there might be something else in there to say otherwise.

If you had already obtained a U.K. license the first time you were resident here, it would be immaterial anyway, since although the current U.K. licenses require renewal every few years, once you have passed the U.K. test your legal entitlement to drive never expires as such, so upon returning you would be licensed to drive anyway, with just the need to apply for an updated license (new address etc.) if applicable.

I think that this DVLA webpage is rather informative!

So someone who is a "mere" visitor to the UK, their clock gets restarted on each visit. However for someone who is resident in the UK, their clock does not get reset ... even if they leave the UK and later re-enter.

The process to get a UK licence takes months! Soon after arrival, as a resident, obtain a UK provisional driving licence. Then study for and hopefully pass the theory test reasonably early in the first 12 months. Only after the theory test has been passed is it possible to apply to take the practical test! Your aim should be to pass the practical test in the first 12 months of being a resident in the UK.

Finally do note that if you take the practical test in an automatic car you only get a full licence to permit you to drive an automatic car! If you want a full licence for both manual and automatic cars, then you must take the test in a manual car.

Wow thatnks for all the info! I do have the CD's and stuff to study before the theory test so I think I should be ok. I did take 1 lesson so far and the guy said that I could drive fine but it would be the little things llike looking in mirrors etc that could get me. So after the new year I will get the provisional and book the test and hopefully pass the first time around.