Steve MacNamara, General Secretary of the Licenced Taxi Drivers’ Association, has expressed concern about the increase in the number of taxi drivers being disqualified under totting up rules.
He believes this sharp rise has been brought about by the introduction of more 20 mph zones in London and other urban areas. Under current legislation, 12 or more penalty points added to a licence will trigger a mandatory driving disqualification for a minimum of six months. For taxi drivers, many of whom are self-employed, this can have a devastating effect, depriving them of a means of supporting their families.
MacNamara, writing in Taxi Magazine, explains how easy it is for an experienced city cabbie to let his speed creep up to 23 mph in a zone that, until recently, had a speed limit of 30 or 40 mph. If a driver can show that the ban would cause truly exceptional hardship, especially to innocent third parties, the courts have the option to waive the disqualification. However, the courts frequently reject these arguments.
MacNamara notes that the LDTA has seen a marked increase in drivers seeking legal advice relating to totting up bans, and acknowledges the difficulty drivers face if they try to make exceptional hardship arguments without adequate legal support.
At Auriga Advocates, we pride ourselves on the level of expert knowledge and all-round support we give to drivers facing a totting up disqualification. If you need support with making an exceptional hardship argument, please get in touch. Let’s work together to get the best outcome for you and your family.