Penalty points can have serious consequences for your driving licence. Whether you are facing an allegation of speeding, driving without insurance, using a mobile phone while driving or another road traffic offence, it is important to understand how the penalty point system operates.

At Chess Law Solicitors, we understand that the loss of a driving licence can have a significant impact on your employment, family responsibilities and everyday life.

What Are Penalty Points?

When a driver commits certain motoring offences, penalty points may be endorsed on their driving record. The number of points imposed depends on the offence and, where a range applies, the seriousness and circumstances of the case.

For example, speeding offences can attract 3 to 6 penalty points, driving without insurance can attract 6 to 8 points, and careless driving can attract 3 to 9 points.

Some offences may result in disqualification rather than penalty points, while more serious road traffic offences can carry mandatory periods of disqualification.

Endorsements generally remain on a driving record for either 4 or 11 years, depending on the offence and the relevant endorsement code.

What Happens If I Reach 12 Points?

Under the “totting-up” provisions of the Road Traffic Offenders Act 1988, a driver who accumulates 12 or more penalty points for offences committed within a three-year period will ordinarily face a minimum period of disqualification.

The minimum period is generally:

• 6 months if there is no previous relevant disqualification;
• 1 year if there is one previous relevant disqualification; or
• 2 years if there is more than one previous relevant disqualification.

For these purposes, previous disqualifications are relevant where they lasted at least 56 days and were imposed within the applicable three-year period.

Can I Avoid a Totting-Up Ban?

In certain circumstances, the court can reduce the period of a totting-up disqualification or decide not to disqualify where there are grounds to do so.

One of the most commonly relied upon grounds is exceptional hardship.

Exceptional hardship must amount to more than the ordinary inconvenience or hardship that would normally follow from losing a driving licence. The burden is on the driver to establish exceptional hardship, and the court will usually require evidence.

Losing a job, for example, does not automatically amount to exceptional hardship. The court will consider the individual circumstances, including the consequences of the loss of employment and the effect that disqualification may have on other people.

Careful preparation and supporting evidence can therefore be crucial when making an exceptional hardship application.

What About New Drivers?

Different rules apply to drivers during the first two years after passing their first driving test.

Under the Road Traffic (New Drivers) Act 1995, if a new driver accumulates 6 or more penalty points, their driving licence will generally be revoked by the DVLA.

This is not the same as being disqualified from driving by a court.

Following revocation, the driver will generally need to apply for a provisional licence and pass both the theory and practical driving tests again before obtaining a full licence.

Importantly, points received while holding a provisional licence can carry over after passing the driving test. If further points then take the driver’s total to six or more during the two-year probationary period, their licence may be revoked.

How Long Do Points Stay on Your Licence?

The length of time an endorsement remains on a driving record depends upon the offence.

Many endorsements remain on the driving record for 4 years, although some more serious offences, including specified drink and drug driving offences, remain for 11 years.

The period for which an endorsement remains visible on the driving record should not be confused with the three-year period used when calculating points for a potential totting-up disqualification.

Common Motoring Offences

Penalty points can arise from offences including:

• Speeding;
• Driving without insurance;
• Careless or inconsiderate driving;
• Using a hand-held mobile phone while driving;
• Failing to comply with certain traffic signs or signals; and
• Failing to provide information as to the identity of a driver.

The potential penalty varies considerably depending on the offence and its circumstances. Some matters may be dealt with by way of a fixed penalty, while others may result in proceedings before the Magistrates’ Court.

More serious offences, such as dangerous driving and drink or drug driving, can carry substantially greater penalties, including obligatory disqualification in certain circumstances.

How Chess Law Solicitors Can Help

If you have received a Notice of Intended Prosecution, Fixed Penalty Notice, Single Justice Procedure Notice or court summons, obtaining legal advice at an early stage can help you understand your position and the potential consequences for your driving licence.

Chess Law Solicitors can advise on the allegation, the evidence, the penalty points or disqualification you may face and the options available to you.

Where appropriate, we can represent you before the court and advance mitigation, exceptional hardship or other relevant legal arguments on your behalf.

If you have been accused of a motoring offence or are concerned that further penalty points could put your licence at risk, contact Chess Law Solicitors for advice and representation.

This article provides general information about the law in England and Wales and does not constitute legal advice. The outcome of any case will depend on its individual facts and circumstances.