# Advice please - driving test after UK ban



## Coostie-tightner (Aug 18, 2020)

Advice please
Hi all, new to the group. I have rather unique question. Im aware that some if not all of the answers maybe judgemental, thats human nature. I am an hgv driver in the UK. Was. Last year I was servicing my car on my property on private land off the road. It was a weekend lovely sunny day, and i thought some nice wine whilst listening to music would be a good idea, right? WRONG! Several hours later, and copious amounts of wine, her majesties finest wandered onto the land, the keys were in the ignition, engine was running. Regardless of my vociferous protests, they breathalysed me. Showing me almost 3 times over the legal limit in Scotland of 24mg. Banned. Possession of a vehicle with intention to drive. 2 years big fine. OK, so im now thinking of maybe relocating to a different country, preferably spain spent a lot of time there with armed forces and have fond memories. Ive done a wee bit of research and so far as I can tell from UK.GOV website, I can gain a licence and drive in a foreign country, but cannot drive with that licence in the UK. Which isn't an issue for me as I'd have no cause to return. I would obviously have regain my hgv licence equivalent in Spain. Its a difficult one, im sure there will be some that look down on my predicament, but I am not, nor have I ever been a drink driver. But hgv driving is all ive ever done since armed forces, my family are all grown up. Im single, so im thinking the timing could be right? Except for maybe brexit and coronavirus of course. Thank you all for reading this. Hope you are all well and staying safe


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## Pesky Wesky (May 10, 2009)

From what I can see, yes you can take the test again here in Spain and drive in Spain.
https://drivingban.co.uk/drivingban/banneddriving.htm
However, the test would probably be in Spanish. There are a few places that do the normal car test in English (not sure if the written test _and_ the practical test), but HGV may be a different matter...
To come over after Brexit comes in fully (Dec 31st 2020) you'd need to get things rolling now basically.
After that date you need to fulfill more difficult terms, mainly money wise to be able to get a visa, and getting work will be very difficult. not least of which because an employer has to apply to be able to employ you and give reasons as to why you and not someone from an EU country.
Here's some info from the government
https://www.lamoncloa.gob.es/lang/en/brexit/Documents/Inst%20conjunta%20%20Brexit%20_documento%20residencia_EN.pdf
This thread may help

https://www.expatforum.com/expats/s...504982-desperate-help-securing-residency.html


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## Coostie-tightner (Aug 18, 2020)

Thank you for that information. I cant believe it is so difficult to get information on this from uk and spanish governments.
I guess its a topic with a huge grey area neither government wants to answer.
Many thanks 
Steve


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## Pesky Wesky (May 10, 2009)

Another thing that I'm not sure is clear; you have to be resident in Spain before you can take the test here. I expect it's the same in most countries.
Have you tried getting in touch directly with DVLA or DGT in Spain?


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## Matt S (Apr 16, 2015)

Coostie-tightner said:


> Advice please
> Hi all, new to the group. I have rather unique question. Im aware that some if not all of the answers maybe judgemental, thats human nature. I am an hgv driver in the UK. Was. Last year I was servicing my car on my property on private land off the road. It was a weekend lovely sunny day, and i thought some nice wine whilst listening to music would be a good idea, right? WRONG! Several hours later, and copious amounts of wine, her majesties finest wandered onto the land, the keys were in the ignition, engine was running. Regardless of my vociferous protests, they breathalysed me. Showing me almost 3 times over the legal limit in Scotland of 24mg. Banned. Possession of a vehicle with intention to drive. 2 years big fine. OK, so im now thinking of maybe relocating to a different country, preferably spain spent a lot of time there with armed forces and have fond memories. Ive done a wee bit of research and so far as I can tell from UK.GOV website, I can gain a licence and drive in a foreign country, but cannot drive with that licence in the UK. Which isn't an issue for me as I'd have no cause to return. I would obviously have regain my hgv licence equivalent in Spain. Its a difficult one, im sure there will be some that look down on my predicament, but I am not, nor have I ever been a drink driver. But hgv driving is all ive ever done since armed forces, my family are all grown up. Im single, so im thinking the timing could be right? Except for maybe brexit and coronavirus of course. Thank you all for reading this. Hope you are all well and staying safe


Gosh you lucked out there!


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## MataMata (Nov 30, 2008)

Coostie-tightner said:


> Advice please
> Last year I was servicing my car on my property on private land off the road. It was a weekend lovely sunny day, and i thought some nice wine whilst listening to music would be a good idea, right? WRONG! Several hours later, and copious amounts of wine, her majesties finest wandered onto the land, the keys were in the ignition, engine was running. Regardless of my vociferous protests, they breathalysed me.


Not judgemental but something doesn't fit here. 

Is there something you're leaving out of your story, perhaps to do with your description of the scene of the crime being "on my property on private land off the road"?

What was the actual charge? 

By that logic perfectly sober you could park your car car in your own garage with the keys in the ignition (engine running or not is immaterial) then go into your garden and get 'as the newt' yet hours later 'her majesties finest' could 'wander onto your property and charge you with being drunk in charge.


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## Megsmum (Sep 9, 2012)

MataMata said:


> Not judgemental but something doesn't fit here.
> 
> Is there something you're leaving out of your story, perhaps to do with your description of the scene of the crime being "on my property on private land off the road"?
> 
> ...


I think regardless , and I say I think, if they believe you are going to drive they can charge you!

The simple rule for drink driving is – if it an offence on a road, it is also an offence on private property. Don’t drink and drive.





> Yes, there is an offence of being in charge of a motor vehicle whilst being over the permitted limit. Each case would be judged on its own merits but the officers would be looking at
> 
> whether you had the keys for the vehicle
> were you in the vehicle at the time
> ...




https://www.askthe.police.uk/content/Q678.htm

I would say doing anything with a car is being in charge and drinking while in charge is an offence


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## Joppa (Sep 7, 2009)

The argument in law hinges on whether the spot where the car was parked is a private or public land. Even a privately-owned land can be construed as public land if general public have access to it. If there is no physical obstruction such as a closed gate or a notice stating it's private and the public have no access, it can be argued the car was parked on a publicly accessible land and therefore the charge of drunk in charge will stand.


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## MataMata (Nov 30, 2008)

Megsmum said:


> I think regardless , and I say I think, if they believe you are going to drive they can charge you!
> 
> The simple rule for drink driving is – if it an offence on a road, it is also an offence on private property. Don’t drink and drive.
> 
> ...


A made up 'simple rule', an 'I would say', topped off with a link to a totally different scenario. 
Great Post! :clap2:

This on the other hand is dead on point and confirms my suspicions about the status of the claimed 'private property/private land'.


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## Megsmum (Sep 9, 2012)

MataMata said:


> A made up 'simple rule', an 'I would say', topped off with a link to a totally different scenario.
> Great Post! :clap2:
> 
> This on the other hand is dead on point and confirms my suspicions about the status of the claimed 'private property/private land'.


I would point out my link is to a police site however it linked to the wrong page.

I wonder if rudeness and sarcasm has now become the way to post, maybe for some. For a little education the way to respond would be

I disagree and your link is for a different scenario

Howver I appreciate that for some sarcasm and rudeness is what fills their days


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## xabiaxica (Jun 23, 2009)

Asked & answered.

The actual situation regarding the ban is none of our business.:closed_2:


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