Is it legal to extend the probationary period in the UK?
The probationary period: What young drivers should be aware of
The following article deals with the probationary driving license. It is shown when the probationary period is extended and what other consequences the extension will have.
In road traffic law, some special features apply during the probationary period. The absolute ban on alcohol for under 21-year-olds and for holders of a probationary driving license is now well known. However, there are a few other special rules.
It is particularly interesting for novice drivers to find out when there is a risk of an extension of the probationary period and an advanced seminar. Since it is practically impossible for the legal layman to judge due to the fact that this results from the interaction of numerous norms of different laws, this article is intended to provide an overview. Furthermore, a look at the consequences of the extension of the probationary period and any further traffic violations after the extension should be taken.
How long is the trial period?
The duration of the probationary period results from § 2a paragraph 1 sentence 1 of the Road Traffic Act. Accordingly, the probationary period lasts two years from the time the driver's license is issued.
Are traffic violations in punished more severely during the probationary period than outside the probationary period?
There is no general answer to this. With regard to the amount of the warning or fine for individual violations and with regard to the "points" that are received for a violation, there are no differences. However, driving a vehicle with a blood alcohol concentration of 0.2 per mille during the probationary period, for example, is an administrative offense, but not outside the probationary period. This results from Section 24a of the Road Traffic Act and from Section 24c of the Road Traffic Act.
When will the probationary period be extended?
According to Section 2a of the Road Traffic Act, the probationary period is extended if someone has committed one serious or two less serious offenses.
What is meant by this?
According to Section 34 of the Driving License Ordinance, the evaluation of criminal offenses and administrative offenses during the probationary period is determined in accordance with Appendix 12 of the ordinance. Annex 12 again differentiates between serious violations (so-called "A violations") and less serious violations (so-called "B violations"). Even with an A violation, the "rag is gone". The same applies if two B violations are committed within the probationary period. Anyone who commits a “B violation” receives a yellow card, so to speak. If you receive another yellow card, you will be sent off or the probationary period extended. Anyone who commits an “A violation”, on the other hand, receives the red card straight away. The trial period is extended immediately.
When is an A violation and when is a B violation present?
Initially, only violations that are entered in the central traffic register in Flensburg are considered. All violations that result in a warning fee
n have resulted in less than 40 euros, do not constitute an A or B violation and consequently do not lead to an extension of the probationary period. With regard to the probationary period, it is therefore not a problem to be “flashed” several times because the speed limit is only slightly exceeded.
It is not always easy to judge whether there is an A or a B violation in an individual case. The following table - based on Appendix 12 of the Driving License Ordinance - is intended to provide an exemplary overview:
Exceeding the speed of at least 21 km / h with a car is therefore an A violation. This consequently leads to the extension of the probationary period and the arrangement of participation in a follow-up seminar.
Can you commit several violations at the same time?
Yes! This is seen as a particular danger for novice drivers. By committing two less serious violations at the same time, the probationary period can quickly be extended. This is the case, for example, if someone is stopped by the police for “telephoning at the wheel” and they then discover and punish an impermissible change to the vehicle, such as tires that are too wide, which would invalidate the operating license.
What are the costs of an extension of the trial period for the novice driver?
Of course, the respective fine must be paid. However, there are additional costs. Not only is the probationary period extended by two years, but an advanced seminar is also to be taken. The prices for such an advanced seminar fluctuate considerably. However, costs of well over 300 euros are to be expected on a regular basis. Anyone who does not take part in the seminar must expect their driving license to be withdrawn.
How is the advanced seminar designed?
The prescribed course of the advanced seminar results from Sections 35 and 36 of the Driving License Ordinance. The procedure depends on the violations that led to the extension of the probationary period. For example, there is a special advanced seminar for violations related to alcohol.
The usual advanced seminar comprises four sessions of 135 minutes each and a 30-minute driving test.
What if there are more violations?
After another “A violation” or two more “B violations”, the vehicle driver is warned and he or she is allowed to take part in a traffic psychological counseling
advised within two months. Participation is voluntary and there are additional costs of around 300 euros.
If there is a further "A violation" or two further "B violations", the driver's license is withdrawn and a blocking period is imposed.
This results from Section 2a (2) of the Road Traffic Act.
I received a fine, what should I do?
Especially in cases in which there is a threat of an extension of the probationary period, it is often worthwhile to seek advice from a lawyer. Quite a few fines are incorrect. An objection can often be worthwhile and prevent the extension of the probationary period. Attorney Dr. As a specialist lawyer for traffic law, Christian Gerd Kotz will be happy to provide you with advice and assistance in this regard!
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