Driving without a licence comes under the offence of ‘Driving otherwise than in accordance with a licence’. It can be committed in a number of different ways. Whilst the common view that this offence is committed by driving ‘without’ a licence is true, it can also be committed by driving with the ‘wrong type’ of licence.

Most people are charged with this offence when stopped by a police officer at the side of the road. If you are unable to provide evidence of a valid driving licence authorising you to drive the vehicle in question then it is likely the officer will charge you with an offence.

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Driving otherwise than in accordance with a licence

The wording of this offence can be found in Section 87 of the Road Traffic Offenders Act 1988:

“(1) It is an offence for a person to drive on a road a motor vehicle of any class otherwise than in accordance with] a licence authorising him to drive a motor vehicle of that class”.

Being charged with driving otherwise than in accordance with a licence can be daunting as the sentence ranges from 3-6 points and a fine of up to £1000. Often more worrying is the potential impact the points could have if you are a new driver or if you are at risk of accumulating 12 more points within a 3-year period. This article discusses the circumstances which may lead to a charge being brought, how you can challenge a charge brought and how you may be sentenced in cases of this nature.

No Licence

This offence is usually committed because the person driving does not have a licence that is valid. This may be because the licence has expired, has been revoked or simply the driver has never held a licence.

Expired Licence

It is important to note that driving licenses expire every 10 years and you must ensure that you renew your licence when this occurs. There are a number of other circumstances where a renewal may be required, namely:

• Renewal of your licence if you are over 70
• Renewing a 5-year bus or lorry licence
• Renewing a short-term medical licence

Renewing your licence may require certain specific steps such as showing you are still fit to drive or completing a medical examination. However, for most people renewing your licence is as simple as completing the online form and updating your licence picture.

Revoked Licence

If your licence has been revoked, then you no longer hold a ‘valid licence’. Licences are usually revoked for one of the following reasons:

• Revoked under the Road Traffic (New Drivers) Act 1995
• Medically revoked by the DVLA

There are a number of ways to get your licence back if it has been revoked such as re-completing the relevant practical and theory tests or proving your abstinence from drugs or alcohol. If your licence has been revoked, you may wish to get in touch for advice about whether you can get your licence back.

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

For more information on the above please refer to our other blog posts:

Never Held a Licence

If you have never held a licence then you will, of course, be guilty of this offence if you decide to drive a vehicle.

At Caddick Davies Solicitors we always advise safe and legal driving, quite simply, if you don’t have a licence then don’t drive.

Provisional Licence Holders

Provisional licence holders do not hold a ‘full licence’ but are still capable of driving a vehicle to learn, so long as they comply with certain requirements. A failure to comply with these requirements will lead to the provisional licence holder being charged with an offence of driving otherwise than in accordance with a licence.

As a provisional licence holder, you MUST:

• Be in the vehicle with someone over the age of 21; and
• Ensure the person in the vehicle is qualified to drive the type of vehicle you are driving; and
• Ensure the person in the vehicle with you has held their own full licence (from the UK, the EU, Switzerland, Norway, Iceland or Liechtenstein) for over 3 years.

Motorbike Licences

When it comes to motorcycle licences there are additional considerations that riders must have. There are four main types of motorcycle licence with the following general requirments:

• AM
  • Requiring a Compulsory Basic Training (CBT) test and theory test
  • This licence relates to those who are 16 years of age
  • It allows riders to use a moped with a maximum speed of 45km/h
• A1
  • This also requires a Compulsory Basic Training (CBT) test and theory test
  • This licence relates to those who are 17 years if age
  • It allows riders to use a light motorcycle up to 11kw output and no more than 125cc
• A2
  • This is the licence for ‘progressive access’ to a full open licence
  • This licence can be obtained if you have 2 years’ experience on an A1 motorbike and pass a further practical test
  • Alternatively, you must be 19 years of age and complete a further practical and theory test (if not taking the progressive route)
  • It allows riders to use a standard motorcycle which does not exceed a 35kw output and cannot be restricted from a vehicle more than twice its power
• A
  • This is a full open licence
  • It can be obtained by way of ‘direct access’ if you are 24 years of age or over and have completed a CBT, theory and practical test
  • It can also be obtained by progressive access if you have held an A2 licence for 2 years and complete a further practical test.
  • It therefore requires you to be at least 21 years of age

It is relevant to note that there are slightly different limits and requirements for tricycles and quadricycles. The vehicle you ride must fall within the specified limits provided by the licence you have.

Importantly, motorbike licences can create confusion and uncertainty regularly leading to individuals driving otherwise than in accordance with their licence. Should you be unsure it is always advisable to seek legal advice.

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

Causing Or Permitting

Section 87(2) of the Road Traffic Act 1988 further expands the offence to include those who:

“…cause or permit another person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising that other person] to drive a motor vehicle of that class”.

Quite simply, you cannot knowingly allow or instruct another to drive a vehicle for which they are not licenced to drive. This does not mean that you have to go around policing drivers but simply acts as a deterrent to those that would allow unlicenced drivers to use their vehicles.

The sentence remains the same whether you yourself drive without a licence or whether you cause or permit another to do so.

How Will You Be Sentenced?

The Magistrates’ Court Sentencing Guidance outlines that a penalty of 3-6 points and a Band A Fine can be endorsed for this offence. It is considered an ‘aggravating’ feature if the individual in question has never held a licence of that kind.

The most common sentence for this type of offence is indeed 6 points, much like driving without insurance. For new drivers there is a particular concern when being at risk of 6 penalty points. Likewise, should you be at risk of totting-up as a result of these points you may wish to review the prospects of an exceptional hardship argument. More detail can be found on these issues in the following blogs:

https://cds.wellingtongainsborough.co.uk/static/motoring-advice/6-points-in-first-2-years/

Can You Challenge The Charge of Driving without a Licence?

Like many motoring offences there can be a number of ways to challenge the charge brought against you.

The simplest of challenges would be that you factually deny the charge brought in that you do hold the relevant licence to drive the vehicle in question. This type of defence would require you to evidence your licence entitlement. Further defences such as you not having driven the vehicle or having only used the vehicle on private land may also be presented. If you feel as though you have not committed the offence alleged we would advise contacting a solicitor to discuss the matter in more detail.

Whilst not a defence, there may also be the ability to present a special reasons argument. For charges of this nature your special reason could be:

• That you were required to drive the vehicle in an emergency situation and there was no alternative option at the time.
• That you honestly and reasonably believed that you held the relevant licence for the vehicle in question (potentially having relied on misleading information).

Whilst some general examples can be given, special reasons can cover a number of different circumstances. The only requirement is that the special reason fulfils the requirements set out in the case of R v Wickens (1958) and must:

• Be a mitigating or extenuating circumstance;
• Not amount in law to a defence to the charge;
• Be directly connected with the commission of the offence; and
• Be one which the court ought properly to take into consideration when imposing sentence.

Of course, you also have the option to mitigate and potential sentence to be imposed whether that be attempting to minimise the points, avoid a revocation or obtain a short-term ban in the alternative. The circumstances of each individual and their case are likely to dictate the best route forward.

Can You Ever Drive Without a Licence?

There is one generally accepted situation in which you may drive without a licence. This is outlined within Section 88 of the Road Traffic Offenders Act 1988:

• Notwithstanding section 87 of this Act, a person may drive or cause or permit another person to drive a vehicle of any class [F1at any time] if—
  1. The driver has held—

(i) A licence under this Part of this Act to drive vehicles of that or a corresponding class, or

(ia) A Community licence to drive vehicles of that or a corresponding class, or

(ii) A Northern Ireland licence to drive vehicles of that or a corresponding class, or

(iii) A British external licence or British Forces licence to drive vehicles of that or a corresponding class, or

(iv) An exchangeable licence to drive vehicles of that or a corresponding class, and

1. Either—

(i) A qualifying application by the driver for the grant of a licence to drive vehicles of that class for a period which includes that time has been received by the Secretary of State, or

(ii) A licence to drive vehicles of that class granted to him has been revoked or surrendered in pursuance of section 99(2A), (3) or (4) of this Act otherwise than by reason of a current disqualification or of its having been granted in error and he has complied with any requirements imposed on him under section 99(7B) of this Act, and

1. Any conditions which by virtue of section 97(3) or 98(2) of this Act apply to the driving under the authority of the licence of vehicles of that class are complied with.

Plainly put, you are able to drive without a licence so long as you have previously held the relevant licence in question and have either applied for a new licence (the application having been received) or you have complied with the requirements of any revocation imposed under Section 97(3), 98(2) or 99(7B).

Conclusion – Driving Without a Licence.

Many people caught driving otherwise than in accordance with a licence are unaware that they are committing an offence. Should you wish to discuss the options available to you, the potential sentence or the next steps in the procedure do not hesitate to contact a legal professional.

If you are looking for expert legal advice relating to any of the above issues, then please contact our office on 0151 944 4967 for a free consultation.

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

• About
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Neil Davies

Motoring Lawyer at Caddick Davies Solicitors

Caddick Davies is recognised as one of England and Wales’ leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or “totting up” (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence.

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