Whilst one minor offence might not require the imposition of a ban, if you continue to reoffend a ban can be imposed to reflect the total offences to be more serious.
The period is set at three years, calculating the start and end dates as 'date of offence, to date of offence'. The easiest way to calculate which points are relevant is to find the date that the new offence took place, not the date at court or date of conviction – then count three years backward and see which offences happened during this time.
Points remain on your licence for four years. This is to allow a court dealing with an offence to be able to see the old points when the case comes to court six months later. While they are not written with magic ink that automatically disappears, the points will not show on a new licence after the four years. It is possible to apply for a new licence to 'remove' old points; however this will incur a fee. If you change address or add groups to your licence (by passing separate motoring tests) the new licence will arrive without the points after four years.
We are able to advise you on whether you are at risk of totting up; we can also calculate how many points are relevant and how many you are likely to receive for the new offence.
Each offence that carries penalty points features in a table, Schedule 2 to the Road Traffic Offenders Act 1988. The top ten offences for points include: (note that a disqualification may be more likely for some)
|Offence ||Points |
|Dangerous Driving ||3 - 11 |
|Causing death by dangerous driving ||3 - 11 |
|Failing to provide a sample - in charge of vehicle ||3 - 11 |
|Racing on a public highway ||3 - 11 |
|In charge of a motor vehicle whilst over the alcohol limit ||10 |
|Failing to stop after an accident ||5 - 10 |
|Careless driving ||3 - 9 |
|No insurance ||6 - 8 |
|Failing to give information (s172) ||6 |
|Speeding ||3 - 6 |
|In the event that you are convicted for an offence that brings the total number of points on your licence to 12 or more in a three-year period, the court must disqualify you for six months on the first occasion, 12 months on the second occasion and 24 months for the third; unless to do so would cause you or some other person exceptional hardship. |
For more information about Totting Up and to find out how we can help, please contact our Motoring, Crime and Regulatory Team on 01279 755777 or speak to Dan Hart, Solicitor Advocate in our Motoring, Crime and Regulatory Team.