Enforcement of 12 month driving rule

Resident in this case means domiciled here.  It includes students, wp holders, agricultural worker, hsmp holders, fiances, spouses, permit free employment, refugee, asylum seeker, and basically everything except visitor.

Having a residence or place to stay abroad does not affect where a person is domiciled.  A person's nationality or ILR status has nothing to do with where they are domiciled either.

Just don't confuse it with HMRC's definition of domiciled for tax purposes, which is a different meaning.

Just putting this back in perspective, I kind of think the comparisons with drug-running and rape are a bit OTT. I still think it's a very good idea for people to follow the law and get their UK license; however, I'm not completely heartless. I do know that sometimes for time or financial reasons, people wind up delaying and do drive illegally for a while. I did it myself for four months beyond the time my US license was valid in the UK - but, I had every intention of getting my license. During that time, I was taking lessons and awaiting my testing date. I think what I (and maybe others here) are objecting to is the fact that some people are blatantly choosing to ignore a law that they don't feel suits them. Sorry, but it doesn't work that way, folks.

I think what I (and maybe others here) are objecting to is the fact that some people are blatantly choosing to ignore a law that they don't feel suits them. Sorry, but it doesn't work that way, folks.

Exactly. 

Well said Chary!

Well said Chary!

Agreed, DH is now house bound due to the 12 month rule which is NOT good for either of us.  He could have got this resolved before now but we moved house, had financial issues etc.  But there is NO WAY he's going to get in that car without getting his UK licence regardless of how inconvenient it is for us.

We asked my brother who is a police sergeant about this and he said that the police aren't that clued up on this whole issue so you could easily argue the point with a policeman if you got pulled over!!!  Despite that, no uk licence...no driving.  End of.

I completely agree, chary.  I think the thing I object to is how 'holier than thou' many people are coming across on this thread when in fact there are plenty of nice people on UKY who have done exactly what you did or what I've done.  It's very easy to paint everyone with one brush until you find out one of your friends is also an offender.  If you are going to say that the law is the law and no one should break it, no matter what the reason, and no matter for how long (even one day!), then you have to condemn everyone who does.  

I completely agree, chary.  I think the thing I object to is how 'holier than thou' many people are coming across on this thread when in fact there are plenty of nice people on UKY who have done exactly what you did or what I've done.  It's very easy to paint everyone with one brush until you find out one of your friends is also an offender.  If you are going to say that the law is the law and no one should break it, no matter what the reason, and no matter for how long (even one day!), then you have to condemn everyone who does.  

I haven't seen where anyone has said it's okay for "their friends" to do it, but not anyone else.  I think those of us "passing judgment" would be shocked, upset and disappointed if we found out that a good friend of ours felt it was okay to flaut the law on this (and really, any other) issue.

Being upset at the idea of people breaking the law without shame is hardly behaving in a "holier than thou" attitude.

I haven't seen where anyone has said it's okay for "their friends" to do it, but not anyone else.  I think those of us "passing judgment" would be shocked, upset and disappointed if we found out that a good friend of ours felt it was okay to flaut the law on this (and really, any other) issue.

Being upset at the idea of people breaking the law without shame is hardly behaving in a "holier than thou" attitude.

Well, you've got your opinion and I've got mine.  That's the nice thing about a discussion. 

Being upset at the idea of people breaking the law without shame is hardly behaving in a "holier than thou" attitude.

Yep.  If someone I knew admitted that they were driving without a license, I'd say exactly what I've said here.

If you think someone is driving illegally, or without insurance, you can drop a dime on them by calling Crimestoppers 0800 555 111.

They will turn the information over to the local police who will check it out.

Getting a UK licence is not easy. Coming from the US where you go in take a test and you get your licence that same day is easy. In the UK you have to jump through hoops and usually fail before you get your licence. I would say to anyone who doesn't have a valid licence and is driving in the UK past the one year mark is to stop driving. Face whatever fear you have and get the licence. I had fears, didn't pass the first time, but in the end I finally got my licence. I thought it was stupid and a waste of my time and money but it is the law.   (I only had 8 months left in the UK till we moved back to the US)

Please people, get your proper licenses or stop driving! I would not like to see any of my friends here in trouble with the police or having their visas revoked because of something relatively simple to take care of.

NB: The law on this matter was clarified in a Court of Appeal judgement in which a Mexican student who lived in the UK had gone home on holiday, re-entered the UK and claimed that the 12 month period started from his latest arrival. Unfortunately the court did not agree and it was found that he had been driving illegally.

Removed because of evident lack of clarity. My apologies.

Agreed. One could just as easily make a comparison to music copying or software piracy, which many, many people find acceptable despite the fact that they are also illegal.

But the fact that "many, many people" find anything which is illegal acceptable doesn't make it any less illegal.

Actually the law on music copyright has just been clarified and it is OK to burn CDs if they are for your own personal use, ie just for you to listen to, not given out to 300 of your closest friends.