Under the totting up rules, a driver who accumulates 12 or more penalty points within a three-year period will normally face a driving disqualification. This requirement comes from Section 35 of the Road Traffic Offenders Act 1988.
The standard minimum disqualification under the totting up provisions is six months. However, this period can increase if the driver has been disqualified previously.
If a driver has already received a disqualification of 56 days or more within the previous three years, the minimum ban may increase to 12 months. Where there have been two or more previous disqualifications within that period, the minimum disqualification may rise to 24 months.
Reducing or Avoiding a Totting Up Ban
In some cases, the court has the discretion to reduce or avoid the standard disqualification period if it is satisfied that exceptional hardship would occur.
When deciding whether exceptional hardship applies, the court will only consider circumstances that go beyond the normal difficulties associated with losing a driving licence. Ordinary inconvenience or disruption is not usually enough.
The law also prevents the court from reconsidering arguments that have already been relied upon to avoid a previous totting up disqualification within the last three years.
When Exceptional Hardship Can Be Used
It is important to note that exceptional hardship arguments only apply to totting up disqualifications. They cannot be used to avoid bans that are mandatory for specific offences, such as certain drink driving convictions where disqualification automatically follows.
What Counts as Exceptional Hardship?
The law does not provide a strict definition of exceptional hardship. Instead, the court will consider the specific circumstances of each case.
In general, the hardship must be significantly greater than the normal consequences experienced by someone who loses their driving licence.
Often, the focus of these arguments is on the impact a driving ban would have on other people, particularly individuals who depend on the driver. However, the court may also consider other serious consequences arising from the loss of a licence.
Common Examples of Exceptional Hardship
Examples of situations that may be considered by the court include:
- losing employment because driving is essential to the role
- financial hardship affecting employees or a business that relies on the driver
- difficulties faced by family members who depend on the driver for care or transport
- significant effects on vulnerable individuals who rely on the driver for support
- serious financial problems caused by the loss of income
- health or personal circumstances that would make a driving ban particularly severe
Each case is assessed individually, and the court will expect clear evidence to support the claim.
How Exceptional Hardship Is Presented
An exceptional hardship argument is normally raised by the defendant during court proceedings as part of their case when facing a totting up disqualification.
The court will consider the evidence and decide whether the circumstances truly justify reducing or avoiding the standard ban. The burden is on the driver to show that exceptional hardship would occur.
If the court accepts the argument, it may decide not to impose the disqualification or to reduce the length of the ban.
Where a totting up ban is avoided through exceptional hardship, the penalty points that triggered the disqualification are typically removed from the licence.
If the Court Rejects the Argument
If the court decides that exceptional hardship has not been established, the minimum disqualification will normally be imposed.
In some situations, it may be possible to appeal the decision to the Crown Court, provided the appeal is made within the relevant time limits.
