Because I passed my UK license within the 12 month time frame shouldn't my license be non-probational?
What do you mean by 'non-probatonal'?
Anyone who passes the UK driving tests is subject to the rules for new UK drivers, regardless of their age or previous driving experience in another country.
Even though I have over 16 years US driving experience does that mean I would not qualify to sit passenger with her and teach her how to drive simply based on me not having the UK license for 3 years, or would prior US driving transferring within the 12 months to UK allow me to sit with her?
No, you cannot accompany her in the car.
The rules are that the accompanying person MUST:
- be over 21
- have held a full UK licence for at least 3 years.
I assume the reasoning behind this is that only someone who has at least 3 years of experience of driving on UK roads is 'qualified' to help a brand new UK driver learn the rules of the road.
For the purposes of getting driving licences, you are considered a new UK driver yourself... and as you have only been driving here for a few months, you are probably still learning and negotiating the rules of the roads yourself, so in the eyes of DVLA, you aren't considered to have enough experience of UK driving to be able to accompany a learner and to make sure they don't endanger themselves or anyone else while learning to drive.