Keep your licence with 12 points

With an excellent track record on our exceptional hardship cases we can help you now if you call one of our specialist exceptional hardship solicitors for free initial advice.

In the UK if you accumulate 12 points or more on your licence you will fall within what is known as the “totting up” rules which state that you will receive a minimum ban of 6 months unless you can persuade the court that you should not be banned.

Facing a 6-month ban is bad enough but if you have been disqualified under the “totting up” provision research shows that your insurance premiums could increase by 200% and it may be extremely difficult to get insured at all.

If you have 9 points on your licence and face more points which will bring you to the dreaded 12 points call one of our specialist solicitors in exceptional hardship arguments for free advice as to whether you have an exceptional hardship argument.

In road traffic law, totting up refers to the accumulation of penalty points on your driving licence. When a certain number of points are exceeded, it can result in a driving ban. At Auriga Advocates, we understand the negative impacts of a driving ban and are committed to helping motorists retain their licence when possible.

What is a totting up ban?

A totting-up ban is defined as the automatic driving disqualification of a driver when they accumulate a total of 12 or more points on their driving licence within a three-year period.

How long do you get banned for totting up?

At minimum, totting up usually results in a six-month driving disqualification. The minimum ban is 12 months if the driver has a previous disqualification for 56 days or more within the last 3 years.

How to avoid a totting up ban

Aside from keeping points off your license, a totting up ban is avoidable if the court accepts an exceptional hardship application. These applications are likelier to succeed when assessed and managed by experienced driving offence solicitors.

Can you appeal a totting up ban?

If the Magistrates' Court rejects a driver’s exceptional hardship application, they have 21 days to make appeal to the Crown Court. They can also apply to have their driving ban suspended when appeals are pending.

Can I drive once my totting up ban is up?

If all requirements are met, motorists can return to driving once the totting-up ban ends. If the ban is for 56 days (or less), driving licences are reinstated automatically.

Are points wiped after a ban?

After the band is finished points are removed from the driver’s licence. However, the disqualification is kept on record for around four years and can have a bearing on other driving offences.

What can happen if a new driver accumulates 6 or more points within the first 2 years of driving?

In the UK, if a new driver accumulates six or more points on the first two years after they pass their test, their licence is revoked. They must apply for a provisional licence again and must retake the practical and theory driving tests. They cannot drive until they re-obtain their full driving licence.

If you are currently facing a totting up ban, get in touch with our team today at Auriga Advocates for expert advice.

Examples of exceptional hardship

There are many different examples of exceptional hardship that drivers facing a ban can cite. The most common is financial hardship, but others include impact to their dependants or business, loss of career or a career that supports the safety of others.

Drivers with a business that employs staff can also apply if their loss of licence will impact their employees. When drivers live in remote locations they can apply due to restriction on transport, and drivers with limited mobility that need their licence to get around also have grounds.

Who qualifies for a totting up ban exceptional hardship case?

As per Section 28 in the 1991 Road Traffic Act and 1988 Road Traffic Offenders Act, a driver holding a full driving licence that get 12 or more points within a three-year term can qualify for a totting up ban of at least six months and must attend a hearing in court.

Totting up court hearings are instantly triggered in circumstances where a driver already has nine penalty points on their licence and receive a fixed three-point penalty for a motoring offence. The driver is summoned to court and has the right to argue against the ban, stating they are an exceptional hardship case. However, they must provide valid reasons why the court should let them retain their driving licence.

There are circumstances when a driver qualifies for a totting up ban but cannot qualify as an exceptional hardship case. For instance, defendants that accumulate six or more penalty point in their first two years driving after passing their test automatically lose their licence in accordance with the 1995 Road Traffic New Drivers Act.

Do I need a solicitor for an exceptional hardship application?

While it is possible for drivers to represent themselves in court to apply for exceptional hardship, they are strongly advised to get legal counsel from a solicitor specialising in road traffic offences. This will ensure that the hardship meet court requirements fully.

Road traffic offences are often complicated, especially where exceptional hardships are involved. A lack of knowledge and experience with the process can potentially end to a negative result. Road traffic solicitors understand the issues that must be addressed if the court is to be persuaded to waive the ban.