When drivers accumulate penalty points on their licence in the UK, it can lead to serious consequences under what’s known as the ‘totting up’ procedure. Many drivers are unaware of how this system works until they find themselves facing a possible disqualification. Understanding how many points are required for totting up, the rules around disqualification, and any possible defenses or exceptions is essential. This system is in place to penalize repeat offenders and encourage safer driving habits. It applies to both minor and major offenses and can have long-term effects on insurance, employment, and driving freedom.
Understanding the Totting Up Procedure
The totting up procedure is a method used by UK courts to assess whether a driver should be disqualified based on the accumulation of penalty points over a set period. Points are added to a driver’s licence for committing motoring offenses, ranging from speeding and using a mobile phone to driving without insurance or careless driving. These points remain valid for totting up purposes for three years from the date of the offense.
How Many Points Lead to Totting Up?
A driver will be subject to a totting up disqualification if they accumulate 12 or more penalty points on their driving licence within a three-year period. The total number of points includes all valid endorsements, and when the threshold is reached, the court must consider a driving ban unless exceptional circumstances apply.
- 12 or more points: Results in a minimum 6-month disqualification from driving.
- Second disqualification within three years: The ban may be extended to 12 months.
- Third disqualification within three years: May lead to a 2-year ban.
Common Offenses Leading to Points
Various driving offenses can contribute points to your licence. The severity of the offense dictates the number of points, and multiple offenses can quickly lead to totting up.
Examples of Offenses and Points
- Speeding: 3 to 6 points
- Using a mobile phone: 6 points
- Driving without insurance: 6 to 8 points
- Driving without due care: 3 to 9 points
- Failing to stop after an accident: 5 to 10 points
Even minor offenses like failing to observe a traffic sign or driving through a red light (typically 3 points) can contribute toward the totting up limit when repeated.
What Happens After Reaching 12 Points?
Once a driver reaches 12 or more points within three years, the court is required to impose a disqualification unless the driver can successfully argue for exceptional hardship. If no defense is accepted, the standard disqualification period is six months, but this can be longer depending on prior bans.
The Disqualification Process
After receiving the notice to attend court, the driver will be summoned for a hearing. The magistrates will review the driver’s record and determine whether to impose a ban. It’s vital to attend this hearing and be prepared to present any mitigating circumstances if applicable.
Exceptional Hardship Argument
Drivers facing a totting up ban may argue that the disqualification would cause ‘exceptional hardship’ to themselves or others. This is not simply inconvenience it must be significant and go beyond what would be expected in a driving ban situation.
What Qualifies as Exceptional Hardship?
- Loss of employment or income
- Impact on dependents (e.g., elderly relatives or children)
- Medical reasons requiring ability to drive
- Living in remote areas with no public transport access
If the court accepts the exceptional hardship argument, they may choose not to impose a ban. However, the points still remain on the licence, and further offenses could quickly result in renewed proceedings.
Totting Up Rules for New Drivers
New drivers (those within two years of passing their test) are subject to stricter rules. If a new driver accumulates 6 or more points within two years of obtaining their licence, their licence is automatically revoked. This differs from totting up but is often confused with it. After revocation, they must retake both theory and practical tests to regain their full licence.
How Long Do Points Stay on a Licence?
While penalty points count for totting up purposes for 3 years from the date of the offense, they usually stay on your driving record for 4 years or longer. Some serious offenses like drink driving remain on record for 11 years. It’s important to keep track of the dates of offenses to understand when they will stop counting toward totting up.
How to Check Points on a Licence
Drivers can check the number of points currently on their driving licence using the online service provided by the Driver and Vehicle Licensing Agency (DVLA). Keeping informed helps prevent reaching the totting up threshold unknowingly.
Insurance Implications of Totting Up
Having 12 or more points, or even several smaller endorsements, can lead to significantly increased car insurance premiums. Some insurers may refuse to cover drivers with high-risk profiles, and those who are disqualified may be required to use specialist providers.
Steps to Minimize Risk
- Drive within speed limits and road rules
- Avoid distractions like mobile phones
- Ensure proper insurance and MOT
- Attend driver awareness courses when eligible
Reapplying for a Licence After Disqualification
After serving a disqualification under totting up rules, a driver must reapply for their licence. In some cases, the court may require the driver to retake their driving test. The court will inform the driver of any such requirements at the end of the disqualification period.
The totting up system is designed to discourage persistent poor driving habits and reinforce road safety. Knowing how many points lead to totting up 12 or more within three years can help drivers take necessary steps to avoid disqualification. While exceptional hardship may help some avoid a ban, it’s not guaranteed, and the best defense is to drive safely and responsibly at all times.