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  #41  
Old 20.05.2021, 23:44
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Re: Caught driving with expired UK License

I'm confused about the confusing confusion

Its a common misconception in the UK that you have the right to drive up until your 70th birthday even if the photocard has expired. Its not true and you are reported for driving without a licence and, on a bad day driving without insurance.
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  #42  
Old 20.05.2021, 23:53
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Re: Caught driving with expired UK License

I assume they actually stated the law they were using, and that it's SVG Art. 95:

https://www.fedlex.admin.ch/eli/cc/1.../lvl_d2440e336

Unfortunately one of the cases is "disregards the restrictions or requirements associated with the driver's license in individual cases" which would seem to cover the fact that a valid photo driving license is required.

Although according to that it's 180 daily amounts, not 360 as they say in your letter.
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  #43  
Old 21.05.2021, 07:43
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Re: Caught driving with expired UK License

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I'm confused about the confusing confusion

Its a common misconception in the UK that you have the right to drive up until your 70th birthday even if the photocard has expired. Its not true and you are reported for driving without a licence and, on a bad day driving without insurance.
My paper one is still valid according to DVLA despite being exchanged for a Swiss one, since exchanged for an EU one.
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  #44  
Old 21.05.2021, 08:36
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Re: Caught driving with expired UK License

can't you just get your new licence. you will then be able to show a card that is valid on the day that the 'offence' happened. apologise that you were carrying the expired card and get the 20fr fine for not having the right one on you?

this is assuming you can get the renewed one with the 'from' date on the same date (or earlier) as the expired date on the old card.

just make sure you state that you have a valid driving licence which is valid for the day which the offence occurred. if you can state this and provide a copy within the 10 days, maybe they'll drop it.
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  #45  
Old 21.05.2021, 12:16
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Re: Caught driving with expired UK License

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can't you just get your new licence. you will then be able to show a card that is valid on the day that the 'offence' happened. apologise that you were carrying the expired card and get the 20fr fine for not having the right one on you?

this is assuming you can get the renewed one with the 'from' date on the same date (or earlier) as the expired date on the old card.

just make sure you state that you have a valid driving licence which is valid for the day which the offence occurred. if you can state this and provide a copy within the 10 days, maybe they'll drop it.
This actually worked, thank you! I called them and got an extension of the 10 days for 6 weeks. I have until then to send a copy of my valid license, and then I will only receive a warning.

The fine, however, might be a different story...
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  #46  
Old 21.05.2021, 12:34
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Re: Caught driving with expired UK License

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This actually worked, thank you! I called them and got an extension of the 10 days for 6 weeks. I have until then to send a copy of my valid license, and then I will only receive a warning.

The fine, however, might be a different story...
Hate to put a downer on this, but you may still have a problem as the new photocard will have a date of issue after the date of the offense.

But fingers crossed they just go with the 20 CHF fine, plus some admin charges, and you're looking at maybe a couple hundred francs.
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  #47  
Old 21.05.2021, 12:59
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Re: Caught driving with expired UK License

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Hate to put a downer on this, but you may still have a problem as the new photocard will have a date of issue after the date of the offense.
I read that the UK are allowing licences to lapse without penalty during corona times. Maybe you could try to convince them to give a new licence from the date of expiry of the old one? Having said that, I'm the overall dates of validity are still on the back of the licence so the only problem would be the gap in the dates on the front.
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  #48  
Old 21.05.2021, 13:01
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Re: Caught driving with expired UK License

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This actually worked, thank you! I called them and got an extension of the 10 days for 6 weeks. I have until then to send a copy of my valid license, and then I will only receive a warning.

The fine, however, might be a different story...
The back of the license shows the full validity of the license, have you pointed this out?
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  #49  
Old 21.05.2021, 13:42
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Re: Caught driving with expired UK License

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Thank you everyone. There's a lot of great information here.

I will ask whether it would be enough to simply state that I need more time to respond than 10 days to obtain legal advice and translation. Not sure whether that will fly but we'll see.
Good that you got an etenton. Now sign up for the "unentgeltliche Rechtsauskunft". As stated its free. So use it and ask how you needto write the letter.
https://www.sgav.ch/rechtsauskuenfte...sauskunft.html
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  #50  
Old 21.05.2021, 17:37
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Re: Caught driving with expired UK License

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Having said that, I'm the overall dates of validity are still on the back of the licence so the only problem would be the gap in the dates on the front.
Which is why a confirmation by the UK/DLV saying that there was no suspension when OP crossed the border would be useful.
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  #51  
Old 21.05.2021, 17:42
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Re: Caught driving with expired UK License

2 things really. If you drive without renewing it in the U.K. you are liable for a fine. The gov website says renewals have been postponed due Covid for licences expiring Feb 20 - Dec 20 (after OPs expired) - it however clearly says for driving abroad you must renew it.
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  #52  
Old 21.05.2021, 18:26
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Re: Caught driving with expired UK License

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I'm afraid you don't have a case here, so don't hold your hopes too high. Definitely seek legal advice though, you never know where the loophole might be.
But I highly doubt it'll be 'I have a permit to drive, it's just a card that expired'. Since that's the whole point of such cards with expiration - to disable you from driving unless you have a valid one.
If your position were correct, the British would have to re-take the driving test each time the paper/plastic evidence has lapsed. However they don't, which shows that the underlying permission that was acquired by passing the driving test persists beyond the evidence's validity.
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  #53  
Old 21.05.2021, 18:53
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Re: Caught driving with expired UK License

Go to the DVLA website and download your details.

What does it say?
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  #54  
Old 21.05.2021, 18:56
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Re: Caught driving with expired UK License

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If your position were correct, the British would have to re-take the driving test each time the paper/plastic evidence has lapsed. However they don't, which shows that the underlying permission that was acquired by passing the driving test persists beyond the evidence's validity.
Likewise for most countries.

It is the document that expires, NOT the license!

Tom
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Old 22.06.2021, 09:53
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Re: Caught driving with expired UK License

Thank you everyone for the advice and information. I just wanted to leave a final update with the conclusion for anyone that might find this in the future.

I ended up sending a copy of my new license to my kanton, and in return the ban was revoked. I now only have a warning, and need to pay 180 CHF admin fees. I can now drive again.

I also received my fine in the post. It was 1350 CHF including fees to be paid now (700 CHF Fine, 350 Admin fees and 300 "special fees").
I also received 40 "Tagessätze" of 100 CHF suspended for 2 years (I did not provide my salary information). So I assume that if I am prosecued again within the next 2 years, I will need to pay that.

In total, I received a warning and need to pay 1530 CHF.

Cheers, and good luck. Make sure your photocard is renewed!
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  #56  
Old 22.06.2021, 10:41
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Re: Caught driving with expired UK License

The Christmas party in Kopterville will be raucous this year

That stings a little but lessons learned
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