Drivers in the UK face a potential ‘totting-up’ ban if they reach 12 or more penalty points in three years. For some drivers, the looming loss of a licence may have consequences far beyond the usual level of inconvenience expected from a driving ban.
You should know that in some circumstances, the court may accept an application for exceptional hardship. This application asks a magistrates’ court to consider whether a driving ban will cause more suffering than is considered reasonable – affecting, for example, the driver’s family or employees.
In this article, we take a look at specific examples of driving ban situations that may amount to exceptional hardship.
Employment-related hardship
This is one of the strongest grounds presented in UK courts.
The risk of losing employment will be determined by the type of role the driver has. If their livelihood depends on being behind the wheel – including travelling tradespeople, lorry drivers, and carers making home visits – a ban may lead to redundancy or dismissal.
Sole traders or small company owners may find that their business comes to a standstill if they can’t drive, leading to collapse.
When considering employment-related hardship, the court will also consider whether there are any alternatives to driving, such as viable public transport routes.
Caregiving-related hardship
If the driver has dependent family members who rely on them for transport, this may also be a case for exceptional hardship.
Children requiring ‘school runs’, vulnerable adults who need caring for, or elderly relatives attending regular medical appointments – these circumstances may warrant an application for exceptional hardship.
Personal and medical hardship
If a driver has severe health issues and relies on their car for essential medical appointments or to overcome mobility issues, there may be grounds for an exceptional hardship application.
Living in a remote location can exacerbate this situation, because there are fewer public transport routes, and access to basic services may be further away for them than drivers living in urban areas.
Community and wider hardship
There is also a community aspect to exceptional hardship.
If a ban prevents a driver from performing important community service or voluntary work, this can contribute to an exceptional hardship finding.
Drivers unsure of whether they have a valid exceptional hardship argument should seek advice from specialist legal service, such as totting up solicitors.