Penalty Points & Totting-Up
Sections 28 & 35 Road Traffic Offenders Act 1988
Penalty points can be endorsed on your licence for a variety of offences. The actual number of points that may be endorsed on your driving licence will depend on the type and gravity of the offence in question. For serious contraventions penalty points can be substituted for an instant ban.
The most common offences that attract penalty points include:
- Speeding - 3 to 6 points
- Driving without insurance - 6 to 8 points
- Running a red light - 3 points
- Mobile phone offence - 3 points
- Careless driving - 3 to 9 points
- Failing to stop after an accident - 5 to 10 points
- Failing to report an accident - 5 to 10 points
- Vehicle defects - 3 points
- Failing to identify the driver - 6 points
If a driver accumulates 12 or more points within a three year period he will be disqualified for a minimum period of 6 months under the totting-up provisions. This period increases to 12 months if the driver has been previously disqualified and to two years if he has previously been disqualified on more than one occasion.
For totting-up purposes penalty points remain “live” for a period of three years. The period is calculated from “Date of Offence to Date of Offence”. What matters is the number of points that you have on your licence at the time of the offence. This means delaying a case until existing points are no longer live will make no difference.
A disqualification under totting-up has the effect of “wiping the slate clean” so that when a driver reapplies for his licence all the points that led to the disqualification are removed.
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Penalty Points for Multiple Charges
Where a driver is convicted of two or more charges that carry penalty points and arise from the same incident, the court will consider the appropriate number of points to be imposed for each offence and then order that the offence with the highest number of points is the number of points to be endorsed on the licence. For example, a driver may be convicted of speeding which carries 3 to 6 points and careless driving which carries 3 to 9 points. If the court considers that the appropriate number of points for the speeding charge is 5 and that the appropriate number of points for the careless driving charge is 4, then the total number that will be endorsed on the licence is 5 penalty points.
New drivers face a different problem. If a new driver accumulates 6 or more points within the first two years of passing the test their licence will be revoked by DVLA. They will also require to re-sit both part of the driving test.
Fixed Penalty Notices
Points can be imposed by the court and also by accepting a Fixed Penalty Notice (FPN) or a Conditional Offer from the Procurator Fiscal’s office. A Fixed Penalty or Conditional Offer can only be accepted if you have 8 or less live points on your licence. If you have 9 or more live points you cannot accept a Fixed Penalty Notice.This is because a FPN is conditional and cannot be accepted if doing so would result in 12 points and disqualification under totting-up. In these circumstances, the FPN should be ignored. Thereafter, a court summons will be issued.
Avoiding a Totting Up Disqualification
Penalty points and disqualification under totting-up can be avoided if you can establish that there are Special Reasons for non-endorsement or that loss of your licence and the ability to drive will cause Exceptional Hardship. It may also be possible to persuade the court to impose a short term period of disqualification rather than the minimum period of 6 months under totting-up.
In some circumstances it may be possible to establish that there are Special Reasons why your licence should not be endorsed with penalty points. Special Reasons must be connected with the offence and explain why the offence was committed. Examples might include:
- Driving in an emergency
- Driving to escape danger
- Driving a very short distance
- Driving with an unknown defect
An application for Exceptional Hardship is an opportunity to establish that the loss of your licence and ability to drive will cause Exceptional Hardship. Unlike Special Reasons, Exceptional Hardship takes into account the impact that disqualification is likely to have on you and those around you. Circumstances amounting to Exceptional Hardship may include:
- Loss of employment
- Loss of business
- Loss of home
- Impact on family members
- Impact on other persons
Short Term Disqualification
In some circumstances it may be possible to persuade the court to consider dealing with an offence by imposing a short term period of disqualification. A short term period of disqualification is one which is less than 56 days. Accordingly, an offence that would ordinarily attract penalty points can instead be dealt with by way of a short term ban. Unlike disqualification under totting-up any live points would remain on the licence until their third anniversary. A short term ban may be attractive to someone who is facing disqualification for a minimum period of 6 months under totting-up.
Discretionary disqualification can be imposed for any offence where the court considers that penalty points are inadequate to reflect the gravity of the offence. There is no minimum or maximum period of disqualification and the court can impose any period it considers to be appropriate. In practice it is not uncommon for discretionary disqualification to range between 1 and 5 months. Discretionary disqualification may be attractive to someone who is facing a ban under totting-up for a minimum period of 6 months. Where a driver is subject to a discretionary disqualification he will not receive penalty points and any existing points will remain on the licence until their third anniversary.
How we can help
If your licence is at risk because of totting-up provisions or you think you may have an argument for Special Reasons or Exceptional Hardship we can help. Our experience and expertise in this area will quickly determine the best option for you and the prospects of success. Early expert advice can save time and expense. We can prepare your case, arrange for supporting documentation and make forceful representations at court. We pride ourselves in offering a service that is friendly, reliable and honest. For free advice that is without pressure or obligation simply contact us:
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