More than 10,000 Drivers on the Road Despite 12 Penalty Points

More than 10,000 drivers are still on the road despite having 12 or more active penalty points on their licence.

DVLA records show that 10,056 drivers, who would ordinarily be disqualified under the totting up rule, have been allowed to continue driving despite their poor record.

Of those fifty-three drivers have 30 or more active penalty points and, astonishingly, three have 100 or more active penalty points.

Nick Lyes, Policy & Safety Director of road safety charity IAM RoadSmart, told the Guardian: "These shocking statistics call into question whether the definition of exceptional hardship needs reviewing.

"Any driver that is on the cusp of a ban would normally take heed of the risk of losing their licence, but it seems that a minority continue to break the law without any consideration.

"At the very least, those that accrue 12 or more points on their licence should be required to take an additional training course, even if they are allowed to keep their licence because a court has deemed that losing it would cause exceptional hardship."

Section 35(1) of the Road Traffic Offenders Act 1988 requires that the court disqualifies a person from driving when they accumulate 12 or more active penalty points unless, having regard to all the circumstances, it is satisfied there are exceptional mitigating reasons not to do so.

I have previously discussed the totting up rule and exceptional hardship. In order to qualify as exceptional hardship the circumstances of the offender must be truly exceptional.

The consequences of disqualification in their particular circumstances must be far in excess of the normal frustration and inconvenience of not being able to drive. This often means the disqualification has a severely detrimental impact on an innocent third party - perhaps the co-worker who relies on them for daily transport, or the chronically ill relative who relies on them for getting to hospital appointments.

In a large proportion of exceptional hardship cases the applicant represents them self. It would be entirely fair to say that an increasing number are becoming wise to the circumstances that might qualify. Some bring evidence in support of their application, but a significant proportion do not.

The success of the application often boils down to the words of the applicant in the witness box. They give their evidence on oath, so the consequences of dishonesty are potentially very severe. The court has no option but to take them at their word - word that will probably never be checked or verified.

Personally I am not a fan of the legislation, but I understand why it exists and cannot suggest a more workable alternative. Parliament has thrown drivers this statutory lifeline and it is not for the court to retract it.

Even so, I am struggling to imagine a situation where a driver with 100 or more active penalty points is permitted to remain on the roads.