Totting Up Procedure & Ban

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gices
anonymous_2
C

The totting up system was introduced as another way to punish drivers besides the original fine and driving ban. It is also an additional method of monitoring drivers who keep re-offending. The courts have the right to endorse a driver's licence with the amount of points they felt were appropriate to the offence. If a motorist was found to keep offending even after receiving penalty points, then they could have their licence taken away from them, sometimes indefinitely. By accumulating enough points on your licence within a set time, you run the risk of getting disqualified from driving.

The number of penalty points handed out vary for minor offences. The minimum number of points you can get is 2 and the highest penalty point for a serious offence is 9. Here is a little example of the penalty points currently issued:

  • Going through a red light: 3 points depending on severity
  • Speeding: 3-6 depending on circumstances
  • Driving without due care: 3-9 points depending on situation

Some speeding offences are still issued through Fixed Penalty Notices and are a standard 3 points.
If a driver gets 12 points within 3 years it is an automatic disqualification of 6 months minimum.

##How long does a totting up ban last for? In general, bans generated from totting up are for a minimum of 6 months. In some cases, you can bring it down to 3 months if you have a really good case. For first offence or medical emergency, the points will stay on your licence for 3 years from date of conviction. They will have to be declared to your insurance company and sometimes your employer as well. The points can only be removed from your licence after 4 years.

##New drivers and the totting up system New drivers are automatically banned if they receive 6 points within 2 years of passing their test; this applies to the totting up procedure or Fixed Penalty Notices. If your licence is revoked, you would need to re-sit the driving test as well as the theory test. So if you're a young driver, you need to be extra careful.

##Legal representative for totting up cases Most people think they will be disqualified so they don't usually go through the hassle of seeking legal help and in most cases they will have to pay for it themselves (that is without any legal aid of any sort). Everyone who goes to court is entitled to a legal representative and if losing your licence will have a detrimental effect on your life, then it may well be worth getting someone to defend your case. A legal representative may be able to have you keep your licence by proving hardship. It's well worth spending your money on a good solicitor than having your licence revoked for 6 months so have a look around and find someone qualified in driving law.

gices
gices Level 6
I'm a Software Developer and the co-founder of Clever Dodo. Born in Mauritius and now living in the UK, I usually blog about fitness, music, spirituality and driving topics to pass on my knowledge.

4 Replies

C
crissycon Level 1

16 year old son got 9 points on his provisional licence

9 points in 1 week! My 16 year old son has managed  to do this. He only has a provisional licence, what will happen? Please help me. Insurance, how much will this affect him?

[Migrated from previous topic 11181 dated 01 Jul 2010]

gices
gices Level 6

Since he hasn't passed his driving test yet, he is not subject to the New Drivers Act (where your licence is revoked if you accumulate more than 6 penalty points). If he passes the driving test, he will certainly pay a higher premium because of the points he's got. By how much the insurance quotes will increase will depend what the points on his licence are for (eg for drink driving, insurance will be very very high as you can expect but for jumping traffic lights, it will be less).

Mind you that insurance for young drivers is expensive as it is and having convictions on your licence when you pass your test is going to make it really difficult to get a decent insurance quote.

Just so you know young drivers pay £2500 on average for car insurance with a clean licence. With convictions, I'll not be surprised if you get quoted £4000.

[Migrated from previous post 1051 dated 04 Jul 2010]

anonymous_2
anonymous_2 Level 1

I was banned from driving under the totting up system for a period of six months. When this period was up, I began to drive again. Unfortunately I hadn't thought about my licence. I was stopped on a routine matter and asked to show my licence to the police. I explained what I had done and I am now due to appear in court for this offence. If I get banned again it will mean the end of my business as I am like many really struggling financially. My wife is an unpaid carer to her 87 year old mother who is suffering from cancer. It would break my wife's heart if she was not able to continue and had to take on paid work if she could get it. What on earth can I do? Please help.

anonymous_2
anonymous_2 Level 1

I am currently banned for totting up but i have lodged an appeal, can I apply for a UK provisional in the mean time? I received a ban for 2 and a half years for totting up 12 points in a 3 year period but after 13 months i decided to lodge an appeal to the crown court in doing so the judge granted my appeal and i have just been giving legal aid as well. I have applied for my 1st uk provisional to the dvla, do you think i will receive a provisional licence in the mean time?

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