The Motoring Brief

Western MailJuly 08, 2011

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Summary


Q. I am a director at a large company and travel 40,000 miles each year. My car is essential to my job. I have nine penalty points on my licence and have recently accepted another three points for speeding. I cannot be disqualified from driving as I will be unable to work. What can I do? A. When a driver reaches 12 penalty points for the first time, he or she faces a mandatory disqualification from driving under the "totting" provisions. The law says you must be banned for six months. However, a person can argue before a magistrates' court that a ban from driving would cause exceptional hardship. The loss of your job would not, in itself, amount to exceptional hardship.

The court will look for other exceptional hardship reasons, perhaps how the loss of your job will impact upon other close family members. Exceptional hardship arguments can be complicated and involve technical points of road traffic law.

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Extract


The Motoring Brief

The argument, if successful, gives the court the power to disqualify for a ...

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