In the UK, drivers who accumulate 12 or more penalty points on their licence within a period of 3 years face a compulsory driving disqualification under the ‘totting up’ procedure. This article explains precisely how the totting up process works and the implications of reaching 12 points.
What is Totting Up?
Totting up refers to the system for UK drivers where if you build up 12 or more penalty points within 3 years, you will face an automatic driving ban as a result.
This is because accumulating so many points indicates you have consistently breached traffic laws. The aim is to penalise unsafe drivers by taking them off the road before they potentially cause a serious accident.
If you are concerned about totting up and need expert legal help, consider contacting experienced totting up solicitors.
How Points Tot Up
Let’s outline the specifics of precisely how penalty points mount up and lead to driving disqualifications via the totting up process:
- Points stay active on your licence for 3 years from the date they were imposed.
- Different driving offences carry different point penalties typically between 3-11 points.
- If you commit multiple offences, you accumulate points for each one until you reach 12 points or more.
- Once you reach 12+ points within 3 years, the Driver and Vehicle Licensing Agency (DVLA) will automatically issue you with a driving ban totting up letter.
- The disqualification period is normally 6 months, but could be longer for repeat offences or commercial drivers.
Even once points expire, a previous totting up disqualification remains on your record for 4 years and can affect future sentencing.
So points rapidly accumulate across different incidents totting up to 12 triggering the disqualification. Let’s look at some examples:
- 4 speeding offences of 3 points each = 12 points = disqualified
- Using a mobile phone while driving (6 points) + running a red light (3 points) + no insurance (6 points) = 15 points = disqualified
As you can see, it is crucial to avoid multiple driving penalties and points to steer clear of the totting up threshold. The table below summarises typical point penalties for various offences:
Driving Offence
Typical Points
Speeding
3-6 points
Using a mobile phone while driving
6 points
Not wearing a seatbelt
3 points
Driving without insurance
6-8 points
Careless driving
3-9 points
Running a red light
3 points
Not obeying ‘stop’ or ‘give way’ signs
3 points
Drink or drug driving
3-11 points
Reckless/dangerous driving
3-11 points
You can see how even relatively minor offences like speeding can quickly add up to 12+ points when repeated. We’ll next look at the implications of totting up.
Consequences of Totting Up
The main legal consequence of totting up and hitting 12 points or higher on your licence within 3 years is receiving an automatic driving ban. Here are some key impacts of receiving a totting up disqualification:
- You will be banned from driving for a minimum of 6 months, often longer for repeat or serious offences.
- Your driving licence will be withdrawn by the DVLA.
- You could face fines of up to £1,000 if caught driving while disqualified.
- You may need to resit your driving test after the disqualification ends before getting your licence back.
- Your car insurance costs will likely rise substantially for several years.
- It may hamper job prospects if you need to drive for work.
- You may struggle with transport if reliant on driving for essential trips.
- It prevents you building up more points during the period banned.
Clearly being disqualified under totting up rules has major repercussions. The loss of independence and convenience for you and your family can be severe. This makes avoiding totting up very important.
Options if Facing Totting Up
If you receive a totting up ban letter advising you have exceeded 12 points, consider taking prompt legal advice from experienced motoring offence solicitors who may be able to help you avoid losing your licence.
Some possible options to discuss with your legal adviser if you face totting up include:
- Exceptional hardship – Demonstrating a ban would cause exceptional hardship if you cannot drive may persuade courts not to impose the disqualification. But the inconvenience caused must be truly exceptional.
- Undue hardship – Professional drivers could argue a ban would cause undue hardship. But it only postpones the ban so this simply buys you limited time.
- Appealing – If any of the totted up points were imposed incorrectly you may be able to successfully appeal them to reduce your points below 12.
- Course completion – Completing a driver improvement course may convince the authorities to allow you to keep driving.
- Mitigation – Pleading mitigating circumstances that provide context around the offences may help reduce your ban length.
- New drivers – As an alternative to losing their licence, new drivers can accept licence revocation and resit their test.
The prospects of avoiding a totting up disqualification are limited. But speaking to a specialist solicitor offers the best chance of legally challenging it. Time is of the essence once you receive a ban notice.
Avoiding Totting Up
Realistically the only sure-fire way to steer clear of a totting up disqualification is to avoid picking up multiple driving penalties and points in the first place through consistently safe and lawful driving.
Here are some tips to avoid totting up:
- Check your licence – Know how many points you currently have and the cut-off dates when they expire so you know your position.
- Drive carefully – Obey all speed limits, traffic lights and other road laws to minimise offences. Adjust your speed down well below limits.
- Don’t tailgate – Maintain a safe braking distance behind other vehicles. This reduces the risk of needlessly rear-ending another driver if they brake suddenly.
- Avoid distractions – Never use your mobile phone when driving or allow yourself to become distracted by food, radio etc. Stay focused.
- Check your car – Make sure your vehicle is fully roadworthy with no defects. This reduces the risk of penalties for issues like defective lights.
- Plan journeys – Allow ample time for every journey so you are not tempted to speed or drive recklessly if running late. Being organised can prevent violations.
- Be patient – Never let anger or impatience push you to make reckless manoeuvres or take risks. Stay calm at all times behind the wheel.
Following the tips above consistently makes accumulating 12 points significantly less likely. But if errors occur, promptly consult a solicitor.
Conclusion
Exceeding 12 or more penalty points within a 3 year spell will result in automatic disqualification under totting up rules. The system aims to penalise consistently non-compliant drivers.
A ban can have major lifestyle implications, so seeking legal assistance if you face totting up is advisable. Preventing totting up through consistently careful and lawful driving is the ultimate goal.
Understanding precisely how points tot up over time and the severe consequences of accruing 12+ points enables you to be vigilant and steer clear of losing your licence. minor lapses can quickly snowball into a totting up crisis if you are not mindful.
