In the United Kingdom, the driving licence penalty points system is used to deter drivers from repeated traffic violations. One significant consequence of accumulating points is the ‘totting up’ driving ban. This ban can have serious personal and professional implications, especially for individuals who rely heavily on their ability to drive. Understanding what a totting up ban is, how it works, and the potential avenues for avoiding or reducing it is crucial for any driver who has received penalty points on their licence.
What Is a Totting Up Ban?
A totting up ban is a driving disqualification that occurs when a motorist accumulates 12 or more penalty points on their driving licence within a three-year period. The term ‘totting up’ refers to the cumulative nature of the points added for various offences such as speeding, using a mobile phone while driving, or running a red light. Once the threshold of 12 points is reached, the court is typically obliged to impose a minimum six-month driving disqualification.
Examples of Offences That Can Lead to Points
- Speeding – 3 to 6 points
- Using a mobile phone while driving – 6 points
- Failing to stop at a red light – 3 points
- Driving without insurance – 6 to 8 points
- Careless driving – 3 to 9 points
If a driver repeatedly commits such offences, the points can quickly add up, triggering the totting up threshold.
Length and Implications of the Ban
The length of the ban depends on the frequency of disqualifications. A first totting up ban typically results in a six-month disqualification. If a driver receives another totting up ban within three years of a previous one, the second ban can last for one year. A third within that period could increase the ban to two years. The court may also take into account the nature of the offences and any mitigating circumstances.
The implications of a totting up disqualification can be severe. It may impact employment, especially for those who drive as part of their job. A driving ban can also affect personal life, such as managing family responsibilities or attending medical appointments. Insurance premiums may rise significantly, and in some cases, employers may even terminate employment if driving is essential to the role.
Exceptional Hardship Argument
Despite the automatic nature of the ban, it is possible to avoid disqualification by presenting an ‘exceptional hardship’ argument in court. This does not refer to inconvenience, but rather to hardship that goes beyond what would normally be expected. Courts are not easily persuaded by standard claims of hardship, so the evidence must be strong, specific, and well-presented.
Examples of Exceptional Hardship
- Loss of employment leading to financial ruin for dependents
- Inability to care for a vulnerable or disabled family member
- Risk of losing a family home due to loss of income
- Severe impact on medical care or treatment access
The burden of proof lies on the defendant. Evidence such as letters from employers, medical reports, and financial statements can strengthen the case. It is important to note that if the same argument has been used successfully within the previous three years, it may not be accepted again for another totting up hearing.
New Drivers and the Totting Up Rule
New drivers are subject to stricter rules under the New Drivers Act. If a new driver accumulates 6 or more penalty points within two years of passing their driving test, their licence will be revoked rather than just suspended. They must then reapply for a provisional licence and retake both the theory and practical tests. While this is technically not a totting up ban, it shows how serious the consequences of accumulating penalty points can be, even for relatively minor offences.
How to Prevent Totting Up Disqualification
The best way to avoid a totting up ban is, of course, to drive safely and obey traffic laws. However, mistakes can happen. Here are some proactive steps to avoid reaching the 12-point limit:
- Attend a driver awareness course if offered as an alternative to points
- Challenge unjust or incorrect charges when there is valid evidence
- Seek legal advice when facing charges that could result in points
- Monitor your driving licence regularly to track current points
- Adjust driving habits, especially after receiving any points
For drivers who already have a significant number of points, it becomes even more critical to avoid further offences. Some may also benefit from refresher driving courses to improve awareness and reduce risky behaviours.
Reapplying for a Licence After a Totting Up Ban
Once the period of disqualification has ended, the driver must reapply for their driving licence. This usually involves completing a D1 form and paying a small fee. In most cases, drivers do not need to retake their driving test unless the court has ordered it. However, the points that led to the disqualification will remain on the licence for a period of time, typically four years from the date of the offence.
Having points on a licence can continue to affect insurance premiums and employment opportunities. Therefore, even after regaining the ability to drive, it is crucial to maintain a clean record moving forward.
A totting up driving ban is a serious matter that affects thousands of drivers in the UK each year. Understanding how penalty points accumulate and what legal options exist can help drivers navigate the consequences and potentially avoid disqualification. Whether through improving driving habits, presenting a strong case for exceptional hardship, or seeking legal representation, there are ways to manage the situation effectively. Ultimately, responsible driving is the best defense against the totting up system and its long-term consequences.