Returning to UK... does 12 month licence grace perious reset?

   Hi all,

   I just joined this site today, this is my 2nd post.  My question is this.

   I was in the UK from September 04 to January 06.  Before I was there for 12 months, I got a UK Provisional licence.  Now, I am returning to the UK at the end of July(with my Norwegian wife on a EEA Family Permit).  Since I've been gone from the UK for 3 and half years(except for a 1 week vacation there this past January) does my 12 month grace period start anew?

   My US license(California), has been renewed, and my US passport with the old visa(expired student) has been renewed as well(so different passport number) so I presume that the 12 month period "refreshes."  Or would that only be the case if I get another provisional licence?  Another way of asking is "does the original provisional licence lock me into the previous 12 grace month period?"

   Appreciate the advice.

I think the answer to your second question is "yes".  Had you not obtained a provisional license the first time around, I think you probably would have been okay.  But now that you're on the DVLA's files, I would think you've gone past that 12 month grace period by a wide margin.  But this is totally my opinion and not based on anything official.

  Thanks for that.... perhaps I can just apply for a new provisional licence and start afresh?

   Anyone else have any opinions/advice/info?

   Thanks.

I disagree (sorry geeta).  I think that, as you were away for so long you clearly ended your residency of the UK and have now resumed it again.  You weren't on a vacation; you left.  So I think the 12 months starts again.

Vicky

I disagree (sorry geeta).  I think that, as you were away for so long you clearly ended your residency of the UK and have now resumed it again.  You weren't on a vacation; you left.  So I think the 12 months starts again.

Vicky

No worries!  Sounds logical to me.

Welcome to the forum.   

I agree with Vicky's interpretation (with the caveat that I'm not a lawyer).  The Motor Vehicles (Driving Licences) Regulations 1999, section 80 is the applicable legislation which grants the 12-month grace period:

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

As it clearly states that the period starts when you "become resident," then I would say that since you had abandoned your previous residency you will be "becoming resident" again, so you get the 12 months.  Knowing the way some of the road traffic legislation is worded, had it been intended otherwise then I would have expected it to say something like "becomes first resident."

   Appreciate the advice.  I realize you are not lawyers, but it does help.