What Happens When One Gets A 12 Points Ban
If one acquires more than 12 penalty points in the UK within three years, then under the ‘totting up’ procedure one is liable for a minimum period of disqualification from driving of six months. According to the Road Traffic Offenders Act, section 35, a 12 points ban is a must. However things do not always go to plan and seem people manage to avoid one.
The discrepancy arises because the courts have to enforce the law, but the police or fixed penalty offices fail to notice that one is liable to be disqualified. It is nice to know these people are human if one is the recipient of the good luck, but somewhat galling when one reads of people with many more than 12 points still driving.
A first period of disqualification under the totting up procedure is normally 6 months, although the courts can vary this. A second disqualification within three years will be for twelve months, whilst a third will be for two years. There is no appeal procedure to reduce these bans, they have to be served in full.
However, if one gets another 12 points under the totting up procedure, some of which may be the later points from the first disqualification, within 3 years of the first endorsement, then one can receive a second ban and this time the period of the ban will be twelve months. If one receives a third disqualification the period of ban will be 2 years. None of these bans can be reduced. They have to be served in full, although the courts can impose a shorter period if they wish.
If one is not careful one can end up serving several periods of disqualification within a short time. One can actually be disqualified for three and a half years out of seven, because penalties on the license may still be valid even after a ban. Once can be disqualified three times within five years, and the two year ban for the third time makes the total period seven years.
If being banned would cause exceptional hardship, it is possible to appeal against a ban. However it must be EXCEPTIONAL hardship. Losing one’s job because of a disqualification does not count. If one does decide to appeal, one is probably best using a solicitor or lawyer.
Obviously one will want one’s license back after the ban ends. A few weeks before it is due to end one will be sent a form to ask for one’s license to be re-issued. It must be filled in and returned with the appropriate fee for this to happen. Although the license may arrive before the 12 points ban is over, one may not drive until the period of disqualification is complete. One will also have to arrange insurance, which is likely to cost a lot more than before the ban.
five years, and the two year ban for the third time makes the total period seven years. None of the periods can be reduced and they have to be served in full. Simply losing one’s job is not usually enough to prove a case.