How does a totting up ban work?

[Twirl91]

How does a totting up ban work?

Just for clarification I don’t have any points and driven for 15 years.

I just wondered if someone were to receive 12 points and held their licence longer than 2 years, if they did reach 12 points would it be a revocation of licence and have to do a test again? Or would it be a ban and then re-apply for licence? Would you need to re-take a test if it was points totting?

[Donbot]

No, you just get a ban and a fine.

The court will decide if you need to retake a test.

Edited by Donbot on Saturday 23 March 20:25

[Saleen836]

Even getting 12 points doesn't mean a ban, it is at the court's discrection depending on mitigating circumstances

[Twirl91]

If it was smaller incidents like totting up of smaller speeding offences of 3 points over 3 years would the likelihood be a disqualification? Rather than re-test?

[agtlaw]

Twirl91 said:

How does a totting up ban work?

Just for clarification I don’t have any points and driven for 15 years.

I just wondered if someone were to receive 12 points and held their licence longer than 2 years, if they did reach 12 points would it be a revocation of licence and have to do a test again? Or would it be a ban and then re-apply for licence? Would you need to re-take a test if it was points totting?

If a totting up ban exceeds 56 days then that means revocation of your licence. The practical effect of which is that you have to pay a fee to DVLA at the end of your disqualification. Revocation in this context does not mean retest.

The court has a discretionary power to order a retest, but that’s not something I’ve seen happen in a totting up case.

[agtlaw]

Donbot said:

No, you just get a ban and a fine.

Wrong.

Ban and revocation.

Fine and victim surcharge and prosecution costs.

[BertBert]

What is the point of a revocation in this case if it just means paying DVLA for a new licence?

[agtlaw]

BertBert said:

What is the point of a revocation in this case if it just means paying DVLA for a new licence?

Good question. The law should be changed in my opinion.

[Donbot]

agtlaw said:

Donbot said:

No, you just get a ban and a fine.

Wrong.

Ban and revocation.

Fine and victim surcharge and prosecution costs.

So essentially a ban and a fine

[BertBert]

agtlaw said:

BertBert said:

What is the point of a revocation in this case if it just means paying DVLA for a new licence?

Good question. The law should be changed in my opinion.

ok, thought I was missing something! Thanks

[cashmax]

Donbot said:

agtlaw said:

Donbot said:

No, you just get a ban and a fine.

Wrong.

Ban and revocation.

Fine and victim surcharge and prosecution costs.

So essentially a ban and a fine

Yes, exactly that, but you weren't qualified to say that.

[R0G]

not all points count towards the 12 so I am informed

Example
stopped and all 4 tyres illegal
that is 3 for each tyre
but only 3 count towards 12 as it is the highest one only for each stop

This is often why some drivers have well over 12 and are still not banned

[SS2.]

R0G said:

not all points count towards the 12 so I am informed

Example
stopped and all 4 tyres illegal
that is 3 for each tyre
but only 3 count towards 12 as it is the highest one only for each stop

This is often why some drivers have well over 12 and are still not banned

That's not how it works.

Road Traffic Offenders Act 1988 said:

Section 28 - Penalty points to be attributed to an offence

(4) Where a person is convicted (whether on the same occasion or not) of two or more offences committed on the same occasion and involving obligatory endorsement, the total number of penalty points to be attributed to them is the number or highest number that would be attributed on a conviction of one of them (so that if the convictions are on different occasions the number of penalty points to be attributed to the offences on the later occasion or occasions shall be restricted accordingly).

[agtlaw]

R0G said:

not all points count towards the 12 so I am informed

Example
stopped and all 4 tyres illegal
that is 3 for each tyre
but only 3 count towards 12 as it is the highest one only for each stop

This is often why some drivers have well over 12 and are still not banned

Wrong. Utter nonsense, you’ve posted more than once previously.

https://www.pistonheads.com/gassing/topic.asp?h=0&...

Edited by agtlaw on Monday 25th March 09:01

[cashmax]

agtlaw said:

R0G said:

not all points count towards the 12 so I am informed

Example
stopped and all 4 tyres illegal
that is 3 for each tyre
but only 3 count towards 12 as it is the highest one only for each stop

This is often why some drivers have well over 12 and are still not banned

Wrong. Utter nonsense, you’ve posted more than once previously.

https://www.pistonheads.com/gassing/topic.asp?h=0&...

Edited by agtlaw on Monday 25th March 09:01

Its possible to get 12 points for 4 bald tyres.

This has nothing to do with why folks are not banned with 12 points, thats because they have argued special reasons not to be disqual in court.

[SS2.]

cashmax said:

Its possible to get 12 points for 4 bald tyres.

Possible, albeit rare - see s.28(5) RTOA 1988.

cashmax said:

This has nothing to do with why folks are not banned with 12 points, thats because they have argued special reasons not to be disqual in court.

Probably just a confusion of terms, but an argument of 'Special Reasons' relates to the offence, not the offender.

When seeking to avoid a totting ban, an argument of 'Exceptional Hardship' is advanced. This relates to the offender (and other persons), not the offence(s).

[Wackywoo105]

If you receive points that take you to 12 or over you will not be offered a fixed penalty. It will be heard in court (you don't have to attend) and the court will decided what happens. Most likely a totting up ban and fine, unless you can provide mitigation against a ban.

[agtlaw]

cashmax said:

thats because they have argued special reasons not to be disqual in court.

Wrong.

Exceptional hardship is not special reasons. Common mistake to confuse these two concepts.

[Pit Pony]

I go down a stretch of dual carriage way, that is split up into 4 sections of average speed cameras, with a 50 limit.

5 cameras. If I were to reach 70 mph, and stay there for the full length, would I get 12 points or 3 ?
If I did it every day in both directions for a week before the first NIP arrived through the door might I have 120 points before I realised the speedo on my car is fked ?

Asking for a virtual made up friend.

[Donbot]

Pit Pony said:

I go down a stretch of dual carriage way, that is split up into 4 sections of average speed cameras, with a 50 limit.

5 cameras. If I were to reach 70 mph, and stay there for the full length, would I get 12 points or 3 ?
If I did it every day in both directions for a week before the first NIP arrived through the door might I have 120 points before I realised the speedo on my car is fked ?

Asking for a virtual made up friend.

Depends if it is considered to be the same offence. Obviously on different days / journeys it won't be.
Though if you are habitually speeding the court are unlikely to be impressed.

You'd need to have someone else to blame for the speedo being wrong and claim you didn't notice. Regardless, it's on you to make sure your car works properly.

Edited by Donbot on Monday 25th March 16:01