If you have committed a road traffic offence and accepted a Fixed Penalty Notice, your licence will be endorsed with penalty points. The consequences of endorsable offences can vary. Certain endorsable offences have a minor impact on your driving record and insurance premiums, but they tot up over time, and others can result in a 6 month driving ban.
If you have accumulated points on your driving licence and are consequently at risk of a driving ban, you might be wondering if there’s a way you can avoid disqualification, subject to exceptional circumstances. Criminal defence solicitors can advise on next steps, but it helps to be informed about your options before embarking on an expensive legal journey.
How many penalty points get you banned?
The maximum number of penalty points you can have on your driving licence is 12. If you accrue 12 points in a fixed 3 year period, you may be facing a possible ban. This is known as a ‘totting up’ ban.
For how long do penalty points remain on your licence?
The length of time penalty points remain on your licence for depends on the type of the offence committed:
| Type of driving offence | Examples | Years on licence |
| Standard offence | Speeding, careless driving, using a phone while driving. | 4 years |
| Serious offence | Drunk driving, drug driving. | 11 years |
Points remain on your driving record after 3 years in line with the above, but after 3 years, they are no longer considered ‘live’. This gives authorities like insurance companies and road traffic officers a clearer picture of your driving history. Serious offences will be visible to third parties for the first 5 of 11 years and will therefore impact employment opportunities where driving is integral to your role.
Which driving offences will automatically get you banned?
Non-endorsable offences (offences that result in an automatic driving ban) include:
- Speeding in excess of 100mph: If you are caught driving at more than 30mph over the speed limit, including speeding at over 100mph, the minimum penalty is disqualification.
- Causing serious injury by dangerous driving: If you cause serious injury while driving, you will face a driving ban of 12 months minimum.
- Causing death by dangerous driving: If you cause death by dangerous driving, you could face up to 14 years in prison and a minimum 2 year driving ban, or for however long your prison sentence lasts.
- Driving with 4 tyres below the legal tread depth: If all of your tyres are found to be below 1.6mm, you could face a £400 fine and 12 points in your licence, resulting in an automatic driving ban.
- Driving a road that’s considered unroadworthy: You could face an automatic driving ban if your licence plate triggers a police car’s ANPR system and your car is found to be unroadworthy. For each fault that is discovered, you will be fined £100 and received three points on your licence.
Your licence may likewise be automatically removed upon offence if your driving is deemed to be a threat to public safety.
Which driving offences give you penalty points?
Any offence that is not considered serious enough to have your licence removed will result in penalty points.
This includes:
- Speeding
- Drink driving
- Using your phone while driving
- Careless driving
- Running a red light
- Driving without insurance
- Driving with a provisional licence without a supervisor/L plates
- Driving without an MOT
Can a driving offence get you banned instead of penalty points?
As outlined above, there are several road traffic offenses that could result in an automatic driving ban. These include driving over 30mph above the speed limit, causing serious injury or death by dangerous driving, certain careless driving offences, driving without an MOT, and driving with 4 tyres below the legal tread depth of 1.6mm.
Penalty points for common offences
Within 14 days of the offence, you will receive a Notice of Intended Prosecution and a Section 172 notice. Once you’ve responded to the notice, you will receive a letter notifying you of next steps, which could include a mandatory speed awareness course, a fine, or a notice to attend court. For common offences, you may receive the following penalty points:
Penalty points for speeding
If you are caught speeding, you will receive a minimum penalty of £100 and 3 points on your licence, depending on the severity of the offence. Factors that influence how severe your penalty will be include:
- The proportion of your speed compared to the legal speed limit in the area.
- Whether your driving is deemed to be dangerous or careless at the time of the offence.
- If any other offences were committed alongside speeding like using your phone.
In some circumstances, like a first or a minor offence, you may be able to avoid speeding penalties by attending a speed awareness course.
Penalty points for driving without insurance
If you are caught driving without insurance, you will receive a fixed penalty of £300 and 6 points on your licence. However, if the case goes to court, you could face an unlimited fine and a driving disqualification.
Penalty points for using your phone while driving
Using your phone while driving could result in a £300 fine and 6 points on your licence. Penalties can be harsher if you are found to have improper control of your vehicle at the time of the offence.
Penalty points for careless driving
Careless driving penalty points vary depending on the severity of the offence. DVLA lists the potential points as follows:
| Offence | Penalty points |
| Driving without due care and attention | 3 to 9 |
| Driving without reasonable consideration for other road users | 3 to 9 |
| Driving without due care and attention or without reasonable consideration for other road users | 3 to 9 |
| Causing serious injury by careless or inconsiderate driving | 3 to 11 |
Penalty points for driving without an MOT
If you are caught driving without an MOT, you could face a fine of up to £1000 and 3 points on your licence. If you are caught a second time, you could incur a 6 month driving ban.
How to check your penalty points with DVLA
DVLA allows you to view your driving record, including how many points are on your driving licence. You will need:
- Your driving licence number
- Your National Insurance number
- Your postcode
Does this differ for new drivers?
If you accrue 6 points in the two years after you pass your test, you will have your licence removed immediately. You will not be able to appeal this decision, and you must retake your driving test again.
Can you rebuke a 12 point driving ban?
If you are facing a driving ban, you may be able to rebuke the decision using the ‘exceptional hardship’ defence.
An exceptional hardship argument is a legal argument that can be raised when a driver is facing a totting up disqualification because they have accumulated 12 or more penalty points within the relevant three year period.
The starting point is that the court must impose a minimum period of disqualification. Under section 35 of the Road Traffic Offenders Act 1988, reaching 12 or more points triggers the totting up provisions. The current Sentencing Council guidance states that the minimum disqualification is generally:
- Six months where no relevant previous disqualification is taken into account;
- One year where one relevant previous disqualification is taken into account; or
- Two years where more than one relevant previous disqualification is taken into account.
However, the legislation allows the court to consider whether there are grounds for mitigating the normal consequences of the conviction. The court may allow a shorter ban where your circumstances exceed the ordinary consequences of being unable to drive, for example:
Serious impact on employment: Exceptional hardship applies if you face losing your career. The court will want evidence demonstrating exactly why driving is essential and what alternatives have been explored.
Caring responsibilities: If the defendant provides essential transport for a person who is elderly, disabled, or seriously unwell and having their licence revoked would have a severe impact on this person’s life, exceptional hardship would be considered.
Serious health consequences: In some circumstances, losing the ability to drive may have particularly serious consequences for the driver’s own health or access to treatment.
Financial consequences: Financial hardship can be relevant, particularly where it forms part of a wider and unusually serious set of circumstances. However, ordinary financial inconvenience is unlikely, by itself, to establish exceptional hardship.
Lack of realistic alternatives: The court may consider whether public transport, taxis, lifts from family members, working from home or changes to employment could realistically solve the problem.
How long can a driving ban last?
The minimum driving ban for a totting up offence is 6 months. A second totting up ban within the subsequent 3 years will last a minimum of 12 months. A third totting up ban will last a minimum of two years. The maximum length of a driving ban is at the discretion of the prosecutor.
Do you need to retake your driving test to regain your licence?
You do not need to retake your test following a totting up ban unless your ban occurs during the first two years following passing your driving test.
Facing a 12 point driving ban?
If you are approaching or have reached 12 penalty points, do not assume that a driving ban is inevitable without first taking legal advice.
There may be an exceptional hardship argument available, but the sooner your circumstances are properly assessed, the more time there is to obtain the evidence needed to support your case.
Harewood Law regularly advises and represents clients facing a wide range of motoring offences, including cases where the exceptional hardship defence may apply. We provide clear, practical advice at every stage, from initial investigation through to court proceedings, ensuring that your circumstances are properly presented and considered.
If you are facing a road traffic offence and may be at risk of disqualification, early specialist advice can make a significant difference.
Contact Harewood Law for confidential, expert legal support.
