New Drivers Act: What Passing Your Test Means for Your First Two Years (6 Points)

New Drivers Act: What Passing Your Test Means for Your First Two Years (6 Points). A smiling young woman holding a car key

Photo: Gustavo Fring / Pexels. Illustrative photograph.

Passing your driving test does not put you in the clear. Under the Road Traffic (New Drivers) Act 1995, your licence is cancelled (revoked) if you reach 6 or more penalty points within 2 years of passing your first driving test in Great Britain, and points you picked up on your provisional licence count too. Lose it, and you are back to square one: a new provisional licence and both the theory and practical tests again. This guide explains what the rule means while you are still learning, on test day and through your first two years, and how to avoid ever sitting the tests twice.

The rule in five points

  • The limit: 6 points within 2 years of passing your first test (experienced drivers get a ban at 12 points within 3 years).
  • Provisional points count: unexpired points on your provisional licence carry over to your full licence.
  • Revocation is automatic. It still applies if you accept a fixed penalty rather than going to court.
  • Getting your licence back: apply and pay for a new provisional licence, then pass the theory and practical tests again.
  • No second probation: passing a test for another category, such as a lorry, does not start a new 2-year period.

How few offences undo a test pass

Offence Points Enough on its own?
Holding and using a phone while driving 6 Yes
Driving without insurance 6 to 8 Yes
Failing to stop or report an accident 5 to 10 Often
Speeding (fixed penalty) 3 Two offences are enough
Ignoring a red traffic light 3 Two offences, or one plus a speeding ticket
Careless driving 3 to 9 Possibly

Points and codes are explained in penalty points and endorsement codes.

Does the 2-year period apply to your test?

The rules apply for 2 years after you pass your first driving test, if you passed it in:

  • Great Britain or Northern Ireland
  • the Isle of Man, the Channel Islands or Gibraltar
  • an EU or EEA country

They also apply if you exchanged a foreign licence for a British one and then passed a further driving test in Great Britain. If you already hold a full licence for one type of vehicle from one of the countries listed above, passing a test for another type does not put you back under the rules.

Before you pass: why learner points matter

Alex gets 3 points for speeding while learning, with a supervisor in the car. Alex passes the test a few months later. Those 3 points carry over. Any further offence carrying 3 or more points within 2 years of passing takes Alex to 6, and the licence is cancelled.

The lesson for learners: drive to test standard on every practice drive, not just on test day. A phone offence counts for supervisors too. The law on holding a phone applies to anyone supervising a learner. See phones and sat navs: the law.

Revoked: retaking both tests

  1. DVLA cancels your full licence. You cannot drive unsupervised.
  2. Apply and pay for a new provisional licence.
  3. Drive only as a learner: supervised, with L plates.
  4. Pass the theory test again, including hazard perception.
  5. Pass the practical driving test again, to the same standard: no more than 15 driving faults and no serious or dangerous faults.

If you passed but hadn’t sent off for your full licence yet: you must still retake both tests, but you can use your current provisional licence to take them.

Revocation is different from a ban. A court ban (for example for drink-driving) is separate and can be added on top.

Your first two years: the safety code for new drivers (Highway Code Annex 8)

The Highway Code says as many as one new driver in five has some kind of collision in their first year. Annex 8 gives this advice for the first 12 months:

  • Avoid driving between midnight and 6 am unless it’s really necessary. It is a high-risk time for new drivers.
  • You are responsible for your passengers. Don’t let them distract you or push you into taking risks.
  • Never show off or compete with other drivers.
  • Don’t drive after any alcohol or drugs. Check the labels on over-the-counter medicines.
  • Make sure everyone wears a seat belt for the whole journey.
  • Keep your speed down, especially on bends, where many serious collisions happen because a driver loses control.
  • Get plenty of solo experience before driving a high-powered car.
  • Never drive uninsured.

Annex 8 also suggests further training such as Pass Plus, which could reduce your insurance costs.

Common questions

Does the 2 years start on test day or when my licence arrives?

It runs from the date you pass your first driving test.

Do points from before my test count?

Yes. Unexpired provisional licence points carry over and count towards the 6.

Can I avoid revocation by paying a fixed penalty?

No. The Highway Code says the rule applies even if you pay by fixed penalty.

Does it matter if I pass a lorry or motorcycle test later?

No. There is no new 2-year period when you pass a test for another category of vehicle.

After I re-pass, do I get another 2-year probation?

The official guidance doesn’t say so. Check with DVLA if this affects you.

Does Northern Ireland have the same rule?

Tests passed in Northern Ireland are covered by the rule described here. Northern Ireland also has its own new-driver rules and R plates. See the Northern Ireland guide.

Looking for lessons or an instructor? Our sister site Compare Driving Instructors covers lesson prices and choosing an instructor.

Related: carrying passengers after passing, driving at night as a new driver, why young drivers crash more and car documents and insurance. Back to the main guide: Learning to Drive in Great Britain.

Sources

  • GOV.UK, “Penalty points (endorsements): New drivers” (gov.uk)
  • Department for Transport, “The Highway Code: Annex 5. Penalties” (gov.uk)
  • Department for Transport, “The Highway Code: Annex 8. Safety code for new drivers” (gov.uk)
  • GOV.UK, “Penalty points (endorsements): Endorsement codes and penalty points” (gov.uk)
  • GOV.UK, “Using a phone, sat nav or other device when driving” (gov.uk)
  • GOV.UK, “Speeding penalties” (gov.uk)