 | | | 
20.05.2021, 23:44
| Senior Member | | Join Date: Jul 2019 Location: Zurich
Posts: 250
Groaned at 12 Times in 9 Posts
Thanked 599 Times in 184 Posts
| | 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.
| 
20.05.2021, 23:53
|  | Forum Legend | | Join Date: Jan 2010 Location: Rapperswil
Posts: 3,754
Groaned at 75 Times in 70 Posts
Thanked 4,537 Times in 2,076 Posts
| | 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.
| This user would like to thank newtoswitz for this useful post: | | 
21.05.2021, 07:43
|  | Forum Legend | | Join Date: Apr 2010 Location: Verbier
Posts: 21,376
Groaned at 461 Times in 352 Posts
Thanked 23,091 Times in 11,824 Posts
| | Re: Caught driving with expired UK License | Quote: | |  | | | 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.
| This user would like to thank fatmanfilms for this useful post: | | 
21.05.2021, 08:36
|  | Forum Legend | | Join Date: Oct 2009 Location: Basel
Posts: 14,954
Groaned at 295 Times in 199 Posts
Thanked 19,026 Times in 8,002 Posts
| | 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.
__________________
By replying to this post, you hereby grant Phil_MCR a royalty-free license to use, in any way, anything posted by you on the internet. If you do not accept, stop using EF and delete your account.
| The following 2 users would like to thank Phil_MCR for this useful post: | | 
21.05.2021, 12:16
| Newbie | | Join Date: May 2021 Location: Mels
Posts: 7
Groaned at 0 Times in 0 Posts
Thanked 18 Times in 2 Posts
| | Re: Caught driving with expired UK License | Quote: | |  | | | 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...
| The following 3 users would like to thank Smith for this useful post: | | 
21.05.2021, 12:34
|  | Forum Legend | | Join Date: Jan 2010 Location: Rapperswil
Posts: 3,754
Groaned at 75 Times in 70 Posts
Thanked 4,537 Times in 2,076 Posts
| | Re: Caught driving with expired UK License | Quote: | |  | | | 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.
| This user would like to thank newtoswitz for this useful post: | | 
21.05.2021, 12:59
| Forum Legend | | Join Date: Aug 2015 Location: Basle
Posts: 2,910
Groaned at 76 Times in 60 Posts
Thanked 2,025 Times in 1,178 Posts
| | Re: Caught driving with expired UK License | Quote: | |  | | | 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. | This user would like to thank Landers for this useful post: | | 
21.05.2021, 13:01
|  | Forum Legend | | Join Date: Apr 2010 Location: Verbier
Posts: 21,376
Groaned at 461 Times in 352 Posts
Thanked 23,091 Times in 11,824 Posts
| | Re: Caught driving with expired UK License | Quote: | |  | | | 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?
| This user would like to thank fatmanfilms for this useful post: | | 
21.05.2021, 13:42
| Forum Veteran | | Join Date: Aug 2010 Location: Zurich
Posts: 1,035
Groaned at 2 Times in 2 Posts
Thanked 1,311 Times in 654 Posts
| | Re: Caught driving with expired UK License | Quote: | |  | | | 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 | 
21.05.2021, 17:37
| Forum Legend | | Join Date: Oct 2014 Location: SG
Posts: 9,851
Groaned at 548 Times in 399 Posts
Thanked 13,237 Times in 6,871 Posts
| | Re: Caught driving with expired UK License | Quote: | |  | | | 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.
| The following 2 users would like to thank Urs Max for this useful post: | | 
21.05.2021, 17:42
|  | Forum Legend | | Join Date: Mar 2008 Location: Wallis
Posts: 6,492
Groaned at 114 Times in 79 Posts
Thanked 7,245 Times in 3,304 Posts
| | 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.
| 
21.05.2021, 18:26
| Forum Legend | | Join Date: Oct 2014 Location: SG
Posts: 9,851
Groaned at 548 Times in 399 Posts
Thanked 13,237 Times in 6,871 Posts
| | Re: Caught driving with expired UK License | Quote: | |  | | | 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.
| This user would like to thank Urs Max for this useful post: | | 
21.05.2021, 18:53
|  | Forum Legend | | Join Date: Jul 2009 Location: Basel
Posts: 3,727
Groaned at 35 Times in 32 Posts
Thanked 7,006 Times in 2,266 Posts
| | Re: Caught driving with expired UK License | This user would like to thank Village Idiot for this useful post: | | 
21.05.2021, 18:56
|  | Forum Legend | | Join Date: Dec 2010 Location: Lugano
Posts: 32,516
Groaned at 2,578 Times in 1,840 Posts
Thanked 39,652 Times in 18,690 Posts
| | Re: Caught driving with expired UK License | Quote: | |  | | | 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
| 
22.06.2021, 09:53
| Newbie | | Join Date: May 2021 Location: Mels
Posts: 7
Groaned at 0 Times in 0 Posts
Thanked 18 Times in 2 Posts
| | 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!
| The following 15 users would like to thank Smith for this useful post: | 3Wishes, Axa, curley, fatmanfilms, Island Monkey, Kittster, k_and_e, moggy, NotAllThere, porsch1909, Snoopy, Spinal, st2lemans, TonyClifton, Urs Max | 
22.06.2021, 10:41
|  | Forum Legend | | Join Date: Nov 2011 Location: Zurich
Posts: 5,565
Groaned at 58 Times in 54 Posts
Thanked 7,554 Times in 3,388 Posts
| | Re: Caught driving with expired UK License
The Christmas party in Kopterville will be raucous this year
That stings a little but lessons learned |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | Thread Tools | | Display Modes | Linear Mode |
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts HTML code is Off | | | All times are GMT +2. The time now is 00:35. | |