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23rd October 1997
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Which of the following most accurately describes the problem?

Ban problem

I was driving an artic home on the M25 when the traffic came to a standstill. I was only 200 yards from the junction I intended to turn off at, so drove down the hard shoulder and up the slip road. I was stopped by police and charged with driving on the hard shoulder and failing to stop for the police.

I went to court and was disqualified for a year and told to take a driving test at the end of the ban. Will have to take a test on a car and then a rigid truck before I can get my artic licence back?

AThe solicitor's letter enclosed with your inquiry refers to you being ordered to do 120 hours' community service. This is not a penalty which can be imposed for the above traffic offences, so it appears there is something you are not telling me about.

The copy of the court notice about disqualification states that you were disqualified for one year and must then pass an extended driving test.

Section 98 of the Road Traffic!Offenders Act 1988 states that being disqualified means you cannot hold or obtain a driving licence during the one-year period. Normally, after that period, a driver has his ordinary licence returned to him but he has to apply for HGV entitlement to be restored.

Because you have been disqualified until passing an extended driving test, you will definitely have to apply for a provisional licence and take the specified test, which involves an hour's driving and a higher test fee. Section 36(8) of the Act provides that a disqualification until the test is passed expires when you produce the test pass certificate to the Secretary of State (MLA). The test can be on any class of vehicle, but you would probably not be granted a provisional licence for heavy goods or large passenger vehicles because of your convictions.

Whether or not you have your HGV licence returned depends On your past =duct as a driver.

On the basis of what you ,say, the DVLA would probably refer the question of your conduct to the Traffic Commissioner in the area where you live to determine whether you should have your HGV licence returned.

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