If you accumulate 12 or more penalty points on your driving licence within three years, you will normally face a driving disqualification under a procedure known as ‘totting up’.
For most drivers, the minimum ban for totting up 12 points is six months, although the period can be longer if you have previously been disqualified.
Losing your licence can have serious consequences, particularly if you rely on driving for work or have family members who depend on you. However, in certain circumstances, it may be possible to argue that a ban would cause exceptional hardship.
What happens when you reach 12 points?
Reaching 12 points does not mean the DVLA automatically bans you. The decision is made by the court when it deals with the relevant motoring offence.
If you are convicted of an offence that brings your total to 12 or more points within the relevant three-year period, the court will normally impose a driving ban. You will generally receive information explaining when you must attend court.
The minimum disqualification periods are:
- Six months if you have not had a relevant previous disqualification.
- One year if you have had one relevant previous disqualification.
- Two years if you have had more than one relevant previous disqualification.
The rules concerning previous disqualifications are specific, so your driving history and the dates of earlier bans matter.
Can you avoid a driving ban with 12 points?
In some cases, yes. You can ask the court to consider whether disqualification would cause exceptional hardship.
This means demonstrating that the consequences of losing your licence would go significantly beyond the ordinary difficulties associated with being unable to drive. Simply explaining that you need your car for work or would find public transport inconvenient is unlikely to be sufficient.
The court may consider the impact on your employment, the people who depend on you, and the wider consequences of a ban. For example, losing your job could have implications for dependents or employees, depending on the circumstances.
Any application needs to be supported by credible evidence. A solicitor experienced in motoring offences can help you assess whether an exceptional hardship argument is appropriate and prepare the relevant evidence.
How does a 12-point ban affect your job?
For professional drivers, a driving disqualification can threaten their livelihood. HGV drivers, taxi drivers, delivery drivers and others whose work depends on driving may be unable to perform their usual duties during a ban.
The consequences can extend beyond the individual. If family members rely on your income or you provide essential transport for someone else, these circumstances may be relevant to an exceptional hardship application.
However, the court will not automatically allow you to keep driving because your job requires a licence. You need to demonstrate the particular consequences and provide evidence to support your case.
What should you do if you are facing a totting-up ban?
If you are approaching 12 points or have been called to court following a further motoring offence, seek legal advice promptly.
A specialist motoring offence solicitor can review your driving record, explain the likely consequences and assess whether there are grounds to argue against disqualification.