What Happens When One Gets A 12 Points Ban

If one acquires more than 12 penalty points in the UK within three years, then under the ‘totting up’ procedure one is liable for a minimum period of disqualification from driving of six months. According to the Road Traffic Offenders Act, section 35, a 12 points ban is a must. However things do not always go to plan and seem people manage to avoid one.

The disqualification is enforced by the courts, but they can only do this if the fixed penalty office or police let them know someone is due to be banned. Often things get overlooked and people who have more than 12 points manage to avoid a driving ban, because of human fallibility.

Most people who have 12 or more points on their license do end up with a disqualification. The first time one offends the ban will probably be for six months. However continually offending increases the length of ban up to twelve months for the second offense within three years and to two years for a third offense.

Theoretically, when one sends one’s license to be endorsed and this will bring one’s points up to twelve (or more), the police or fixed penalty office should issue a summons. However people are human and they make mistakes, or things get overlooked. This explains why some people manage to avoid a ban in spite of amassing more than 12 points.

It is possible to spend just three and a half years driving, within a five year period (the other eighteen months would be periods of disqualification), and still end up with a third ban of two years.

Although it is mandatory for a ban to be imposed after 12 points have been received under the totting up procedure, the courts do have discretion. One will probably need a solicitor/lawyer to put one’s case, as well. One has to show the disqualification will cause exceptional hardship. Simply losing one’s job is not usually enough to prove a case.

Obviously one will want one’s license back after the ban ends. A few weeks before it is due to end one will be sent a form to ask for one’s license to be re-issued. It must be filled in and returned with the appropriate fee for this to happen. Although the license may arrive before the 12 points ban is over, one may not drive until the period of disqualification is complete. One will also have to arrange insurance, which is likely to cost a lot more than before the ban.

12 point ban Losing one’s job because of a disqualification does not count. (the other eighteen months would be periods of disqualification), and still end up with a third ban of two years. Losing one’s job because of a driving ban does not count as exceptional hardship.