Driving loophole that lets motorists with 12 points stay on the road
A LOOPHOLE lets bad motorists with more than 12 points avoid a ban – no matter how terrible their driving was. While the vast majority of Brits who notch up so many points will be stripped of their licence, drivers heading to court can argue it causes them ‘exceptional hardship’. If magistrates agree, the motorists […]
A LOOPHOLE lets bad motorists with more than 12 points avoid a ban – no matter how terrible their driving was.
While the vast majority of Brits who notch up so many points will be stripped of their licence, drivers heading to court can argue it causes them ‘exceptional hardship’.
If magistrates agree, the motorists can be allowed to keep driving.
Thousands of drivers across England and Wales are still on the roads after totting up 12 points.
One driver recorded a staggering 68 penalties – but was never banned from getting behind the wheel.
In 2020 alone, 4,364 motorists were allowed to hang onto their licences anyway after arguing their lives would be made unacceptably difficult without a car.
Now the newly-elected chair of the Association of Police and Crime Commissioners says it’s time for that defence to come to an end.
Marc Jones, who serves in Lincolnshire, told the Telegraph: “I feel it has created a two-tier justice system.
“For these of us who would lose our licence at 12 factors, it’s an outrage that another person has acquired virtually 70 factors on their licence and continues to be driving.
“If you are in a circumstance where you will lose your job if you lose your licence, don’t lose your licence then.
What are penalty points - and what happens if you get too many?
- Penalty points are awarded when a driver is convicted of a motoring offence, from speeding to causing death by dangerous driving.
- Each ‘endorsement’ has a special code, corresponding to penalty points on a scale from 1 to 11. The more serious offence, the higher the number of points.
- For example, failing to stop after an accident could give you up to 10 points, while driving while disqualified hands you six.
- Penalty points stay on your driving record for four or 11 years, depending on the nature of the offence.
- Getting 12 or more penalty points within three years can disqualify you from driving.
- New drivers face even harsher rules. If you get six or more points within two years of passing your test your licence can be cancelled or revoked.
“It is a fairly simple system we operate. The system is set for a time we no longer live in.”
Courts usually don’t accept the loss of a job as a good reason to keep a terrible driver on the roads.
But magistrates are allowed their own discretion when weighing up their decision.
They’re more likely, for example, to give a driver freedom if their car is needed to car for a sick loved one.
Mr Jones said: “We need to look at this again, we need to reduce the number of deaths on our roads and have a fair and equitable system and that is something I will be pushing to see changed.”
Most read in News
Many drivers often turn to expensive lawyers to get them out of a ban.
Top judge Lord Justice Holroyde previously justified why so many people have not been stripped of their licence.
The Sentencing Council chair said: “There are legitimate reasons why this might happen: the law allows for such a disqualification to be avoided or reduced for reasons of exceptional hardship.”
