Totting-up bans occur when a driver has 12 or more penalty points added to a driving licence within a three-year period.
Penalty points can be added for a wide range of minor and major driving offences, and in some cases, drivers may have accrued 12 points within 3 years for a series of relatively minor offences. On the other hand, if one of the offences leading to the ban was, let’s say, causing death by careless driving, then this will of course appear on a criminal record check, as it is a very serious offence.
This is wrong in law – a ban due to death by careless driving is not a totting up ban so is irrelevent when discussing totting up. Totting will normally by range of offence speeding – 3-9 points – no insurance 6-8 points – mobile phone 6 points so any number of these offence can add up 12 and if they do within that three year period they will receive a totting up ban. The offences are criminal offences the ban is merely an ancillary element of sentencing.
So, is a totting-up ban a criminal offence? The simple answer is no. A driving disqualification is not itself an offence, but a punishment for one or more road traffic offences. When considering the impact of a totting-up driving ban on your criminal record, you need to look at the offence or offences that led to the ban. It is these offences that may or may not appear on your record.
The solicitor will also be able to advise you on how long the penalty points will appear on your driving licence. This may be relevant to you if your employer asks to see your licence, for example, if the job duties involve driving. Always check with a solicitor to find out exactly how your driving ban will affect you when applying for jobs or insurance.
The rules about disclosure of offences to potential employers can be quite confusing, and it is always better to get sound advice about what to disclose and how to present the information in a way that reassures the employer.
At Auriga Advocates, we have wide experience of dealing with totting-up bans, so do contact us if you have any questions or concerns about your driving disqualification and how it will affect you.