Endorsements that remain on a licence for 11 years do not stop the conviction relating to the offence from becoming spent earlier, subject to the other elements of the sentence. This also applies to endorsements issued by way of Fixed Penalty Notice for a road traffic offence listed in Schedule 2 to the Road Traffic Offenders Act see below for more information.
There remains a lot of confusion about the way that motoring convictions are being dealt with under the ROA, particularly given the way that motoring offences are recorded or not on the Police National Computer, and what this means in practice for individuals in terms of applying for employment and insurance. We are working on some specific guidance on this, so if you have any information or experiences that you think would help with this guidance, please send them to policy unlock.
Penalty points imposed by a court become spent when they cease to have effect. However, it is our understanding that penalty points are only ever issued alongside an endorsement, and so the 5 year period for the endorsement will normally be more relevant.
The rehabilitation period for a driving disqualification is the length of the disqualification. If you are disqualified from driving and at the same time receive another penalty, the longer of the two rehabilitation periods applies. Driving disqualifications will normally come with an endorsement, so the 5 year period for the endorsement will be applied, unless the period of the disqualification was longer than 5 years, in which case that period will be used to determine the spent date.
A fine on its own under the ROA is 1 year, but for motoring offences dealt with by way of a court imposed conviction, it will normally come along with an endorsement, which has a 5 year rehabilitation period.
Where the court imposes more than one sentence or penalty for the offence then the longest rehabilitation period determines when the conviction may become spent. A Fixed Penalty Notice FPN can be used to deal with minor road traffic offences, but it is not a criminal conviction or a caution. However, if you are given an FPN for a road traffic offence in Schedule 2 to the Road Traffic Offenders Act , and your licence is endorsed, then in line with s. Drink Driving.
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