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SP30 / 28-DAY BAN QUESTION ???

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Old 27 July 2008, 02:13 PM
  #1  
joz8968
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Exclamation SP30 / 28-DAY BAN QUESTION ???

On 18 Jan 2007 I was given a 28-day ban under the SP30 code (unusual, I know) and fined £200 - but no points - by Chelmsford Magistrates.

My question is this: when, if possible, does this conviction legally become invalid and/or when is the earliest I can apply for this entry to be erased from my licence? (it'll be on there for 2 years come next Jan 18).

Any law bods out there?
Old 27 July 2008, 02:50 PM
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mannyo
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5 years for removal from license, IIRC.
Old 27 July 2008, 02:59 PM
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Mitchy260
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Usual points are valid for 3yrs, on license for 4 before they can be removed.

Not sure in your case with bans?
Old 27 July 2008, 03:01 PM
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Mitchy260
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Why were you banned for an SP30?

Doesn't make sense to me unless you were done under the totting up rule (12 points in a 36month period)
Old 27 July 2008, 03:04 PM
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RJM25R
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Depends on what the ban was for. Elaborate further?
Old 27 July 2008, 03:17 PM
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does sp30 not mean you just broke the limit in a 30 zone tho,doesnt say how fast you were going,my younger cousin got similar but got many points as well but was doing 77 in a 30 "racing" a car,turned out it was a police car.
Old 27 July 2008, 03:31 PM
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Originally Posted by Mitchy260
Why were you banned for an SP30?

Doesn't make sense to me unless you were done under the totting up rule (12 points in a 36month period)
Or if his speed was way over the road limit of 25mph. I got a 2 week ban and big fine for bein 26mph over the limit
Old 27 July 2008, 03:32 PM
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Jamescsti
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3 years for the points not to be counted but 5 years to go from licence, i know as i just got points in december.
And most if not all insurance companies ask if you have been banned or points in the last 5 years so will still affect insurance
Old 27 July 2008, 03:36 PM
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bugeyeandy
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Quick google came up with this

When endorsements and penalty points can be removed from a driving licence : Directgov - Motoring

4 years from the date of the offence before they can be taken off the licence for SP30
Old 27 July 2008, 03:38 PM
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joz8968
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Question

I was caught doing over 70 in a 40mph and because this is over 30mph of the posted limit, the law meant that the copper didn't have the authority to issue a 'normal' SP30 (3pts, £60 fine). It had to go to court... I pleaded hardship re getting to and from work etc. and the magistrates gave me the ban via 'court discretion', rather than the totting up process (which was lucky as I was on 9 pts at the time and would've been looking at probably 12 months!).

But I'm not worried about all that; I just want to know what the law is regarding the validity period/removal period for this particular discretion. I'm aware of the 3 and 4 year thing for points but is it the same for a 28-day ban?! (or any length of ban for that matter). Or is it simply a case of that because it's still been classed an SP30, it'll be treated like any other SP30 (as if it was the normal 3pts), therefore 3 years invalid; 4 years for removal?

Last edited by joz8968; 27 July 2008 at 03:42 PM.
Old 27 July 2008, 03:41 PM
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fatherpierre
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It will stay with you forever as it is a court imposed ban for a driving offence, just as any other court penalty would for driving.

Last edited by fatherpierre; 27 July 2008 at 03:46 PM.
Old 27 July 2008, 03:43 PM
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bugeyeandy
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Doesn't say on that site, it only mentions bans from totting up which like an SP30 will stay on there for 4 years.
Is the ban typed on your licence as well as the SP30?
Old 27 July 2008, 04:13 PM
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joz8968
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Originally Posted by fatherpierre
It will stay with you forever as it is a court imposed ban for a driving offence, just as any other court penalty would for driving.
Damn! That's what I'm thinking... but...


Originally Posted by bugeyeandy
Doesn't say on that site, it only mentions bans from totting up which like an SP30 will stay on there for 4 years.
Is the ban typed on your licence as well as the SP30?
...Yes, "SP30" and "28 days" are written (or typed) on the license ???
Old 27 July 2008, 04:20 PM
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fatherpierre
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It's a court conviction, so disclosable to insurers for between 3 and 5 years, depending on the insurance company.

Your insurance won't be valid otherwise.
Old 27 July 2008, 04:28 PM
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joz8968
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Originally Posted by fatherpierre
It's a court conviction, so disclosable to insurers for between 3 and 5 years, depending on the insurance company.

Your insurance won't be valid otherwise.
For sure I'm aware of all that, but as far as The Law and DVLA are concerned, I'd still like to know if this entry can be erased at any point in the future? (if it has to be on there idefinitely - because it's a court decision - then so be it).

Last edited by joz8968; 27 July 2008 at 04:31 PM.
Old 27 July 2008, 04:31 PM
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fatherpierre
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DVLA keep all the records of points and convictions forever, as do the police.

They both use the same system and they never get removed. I can look at people's licenses from day one and see what points were given even though they were years back.
Old 27 July 2008, 04:38 PM
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joz8968
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Exclamation

Aaaargh! Yes I'm sure that's the case (esp with regard to our bloody big bro govts) but - and for what its worth - does the law/DVLA's 'rules' allow me to have them physically erased from my license (e.g. like when 4 years are up for SP30s)... regardless of how vain or superficial this action my be???
Old 27 July 2008, 04:41 PM
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fatherpierre
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I don't know - you'd need to email DVLA.

Good luck - they are worse than useless on a good day.

Motoring : Directgov - Do it online
Old 27 July 2008, 04:57 PM
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joz8968
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Originally Posted by fatherpierre
...DVLA... they are worse than useless on a good day.
Tell me about it
Old 28 July 2008, 02:35 AM
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RS Grant
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Good luck on the journey through the DVLA automated phone system too.... definitely better to e-mail someone than lose 10 mins pressing buttons before you get to speak to a human.

I also got a ban about 3 years ago now; for an average of 113mph in a 70 limited dual carriageway, had a small fine, 3 month ban and an SP30 conviction code. IIRC, you can remove them from your licence so that it appears clean once you've served the standard time, although like fatherpierre says, it'll be on your record forever for those who have access to that system.


Cheers,
Grant
Old 28 July 2008, 05:13 AM
  #21  
shippy
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4 years on your licence for sp30, just had mine removed
Old 28 July 2008, 10:03 AM
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Diesel
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Originally Posted by fatherpierre
DVLA keep all the records of points and convictions forever, as do the police.
Is there not something about 'rehabilitation of offenders' making that old info undisclosable in court? Wonder why it is hanged on to therefore?

Rock on ID cards

D
Old 28 July 2008, 12:07 PM
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I was banned back in 1999 for 14 days and recieved a £200 fine for an SP30 offence. I had it removed from my licence in 2004 which if I remember correctly cost me £19.
Old 29 July 2008, 12:39 PM
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joz8968
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- Yeah, I'm assuming because it's technically been recorded as an SP30, then it'll be subject to the standard 3 years invalid/4 for removal rule. Which is nice.

- As a (slightly) unrelated aside, it makes my blood boil how motor insurers/brokers require us to disclose points for up to 5 years old. I could physically have them removed after 4 years and they'd still want to know about the incident/s (quite apart from the fact they're supposed to be invalid after only 3, anyway!). The c***s seem to make it up as they go along, invariably so as to squeeze as much moolah out of us as possible!!! ...

Last edited by joz8968; 29 July 2008 at 12:42 PM.
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