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It is important to consider the ramifications of previous penalty point endorsements on a driving licence, particularly where there is the danger of disqualification under the totting-up procedure. Section 29 of the Road Traffic Offenders Act 1988 provides for the penalty points that can be taken into account by the court.
Subsection 2 states that offences that have resulted in endorsement of penalty points (such as speeding and careless driving) committed more than 3 years before a new offence are discounted. The crucial aspect, therefore, is that the date of the offence is relevant for computing the “live” penalty points, not the date of conviction/date of endorsement which is also noted on a driving licence counterpart.
So if a driver has 9 points (by way of three Fixed Penalty matters or, for example, a careless driving or no insurance conviction that has resulted in merely points being imposed) and a new alleged offence is committed 2 years and 51 weeks after the first points were endorsed, then the driver is subject to disqualification under totting-up regardless of when the case is concluded.
Simply delaying the case in court will have no effect. It is resultantly vital that the charge is properly challenged and exceptional hardship argued if necessary. This is where the representation of an expert road traffic solicitor can make the vital difference in avoiding a driving ban.
If unfortunate enough to be disqualified under the totting-up provisions, at the end of the ban (usually 6 months) the licence is returned with the penalty points having been removed.
After 4 years, penalty points can be completely removed from a driving licence counterpart by returning same to DVLA. So whilst points are counted on the licence for 3 years, the actual endorsement must remain for a further 12 months.
One must also be wary of the rules surrounding offences committed on the same occasion. This is covered by s.28(4) of the 1988 Road Traffic Offenders Act.
The basic principle here is that the court should consider the appropriate number of points to be imposed in relation to each offence, but only order that the highest of these is the number of points endorsed on the licence.
So in a situation where sentence is to be passed on offences of speeding (3-6 points) and driving whilst uninsured (6-8 points) committed at the same time, it is the points attributable to the insurance charge that will be added to the licence. This, of course, is dependent on the court being persuaded to refrain from exercising its discretion to disqualify for either of these offences.
It should be noted that the court does have the power, under s.28(5) of the same provision, not to bind itself by s.28(4) and instead to aggregate the points on all charges. This should only be utilised in exceptional circumstances.
We would always suggest that advice should be sought from a reputable specialist motoring lawyer should you have any query regarding your driving licence or a pending endorsement.
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ml@theroadtrafficlawyer.com |
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