The concept of a ‘Totting Up Ban’ arises in the UK legal system when a driver accumulates 12 or more penalty points on their driving licence within a three-year period. At this point, a mandatory disqualification from driving is typically imposed. However, individuals facing such a ban may attempt to avoid disqualification by arguing ‘Exceptional Hardship.’ This is a legal argument made in court that seeks to convince a magistrate that banning the driver would cause undue and disproportionate suffering not just to the driver, but often to others who depend on them. Understanding how the totting up ban and exceptional hardship defense works is crucial for any motorist facing penalty points.
Understanding Totting Up Bans
What is a Totting Up Ban?
The ‘totting up’ system is used by UK courts to track and penalize repeated motoring offenses. When a driver receives penalty points for various traffic infractions such as speeding, using a mobile phone while driving, or failing to stop at a red light these points are added to their driving record. If the total reaches 12 points within a three-year period, the driver will usually receive a six-month driving ban.
Who Does It Affect?
This rule applies to all drivers, whether they hold a standard driving licence or a commercial one. For new drivers (those who have passed their test within the past two years), the threshold for disqualification is even lower just six points can lead to licence revocation.
The Role of Exceptional Hardship
What is Exceptional Hardship?
Exceptional hardship is a legal argument presented to avoid a totting up ban. The idea is that while most bans may cause inconvenience, some will create exceptional levels of hardship either for the driver or others. This hardship must go beyond what would be considered usual or predictable, such as losing the ability to drive to work.
Examples of Exceptional Hardship
To build a strong exceptional hardship case, the defendant must demonstrate specific and verifiable impacts. Examples may include:
- Loss of employment leading to significant financial strain
- Impact on dependents, such as children or elderly relatives
- Harm to a business that employs others who would also suffer
- Health-related reasons requiring the ability to drive regularly
Preparing an Exceptional Hardship Argument
What the Court Looks For
Courts are not easily swayed by generic claims of inconvenience. The evidence must be compelling, concrete, and specific to the case. Documentation is key. A person claiming financial loss should provide financial statements, letters from employers, or evidence of business ownership. If the argument involves caregiving responsibilities, letters from medical professionals or care organizations can help validate the claim.
Legal Representation
Although it is not mandatory, hiring a solicitor or legal expert who specializes in motoring offenses can significantly increase the chances of success. These professionals understand the language and format the courts expect, and they can guide the accused in presenting a persuasive argument.
Hearing Procedure
When a driver argues exceptional hardship, a special hearing is held in the Magistrates’ Court. The driver must take the stand and present their case under oath. Witnesses may also be called. The magistrates will then deliberate and decide whether to accept the plea. If they do, the ban may be avoided or shortened. However, if the argument fails, the standard totting up disqualification will be imposed.
Risks and Considerations
Limits of the Defense
Even if an exceptional hardship plea is accepted, the points remain on the licence. This means that any future violations may easily push the driver back over the 12-point limit, possibly without the ability to argue exceptional hardship again for the same reason.
One-Time Argument Rule
Drivers cannot use the same hardship argument more than once within a three-year period. For example, if someone avoids disqualification by arguing they would lose their job, they cannot use the same employment argument again during that time span. This emphasizes the need for careful consideration before presenting a hardship defense.
Reputation and Record
While the main concern is usually the ability to continue driving, being seen frequently in court or attempting to avoid responsibility can reflect poorly on the individual. This may have long-term implications, especially for those in public-facing roles or legal professions.
Strategies for Avoiding Totting Up
Drive Defensively
The best way to avoid a totting up ban is to avoid accumulating points in the first place. Defensive driving techniques, awareness of road signs, and adherence to speed limits can help keep your record clean.
Attend Driver Awareness Courses
In some cases, police may offer a driver awareness course instead of penalty points for minor offenses. These courses not only help reduce the number of points on your licence but also improve your driving skills.
Check Your Driving Record Regularly
Drivers should periodically review their driving records to track their points. Knowing how many points you currently have can help you understand the consequences of any future infractions.
A totting up ban can have a dramatic impact on a person’s life, affecting their career, family, and personal freedom. However, the legal system allows room for drivers to make an exceptional hardship argument if they can clearly demonstrate the disproportionate consequences of a ban. While this process is challenging and requires strong supporting evidence, it remains a crucial option for those who depend heavily on their ability to drive. Whether you are facing a possible ban or simply want to understand your rights better, knowledge of totting up bans and exceptional hardship can be a valuable asset for protecting your licence and livelihood.