Safe Speed Forums

Can banning due to totting up be incremental?

For example, someone banned for having hit 12 points getting a 6 month ban, if they hit 12 points again, would they be banned for longer, or just 6 months again?

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If you think everyone else around you is driving badly, perhaps it's time to examine your own driving.

Leaving aside the facts that not all totters get any kind of ban and those that do often don't get the full 6months, there is an incremental system.

The starting point for a totting ban is 6 months. If there has been a previous ban ( for any reason not just totting) of 56 days or more in the preceding 3 years the starting point moves up to 12 months. if there have been two or more bans of 56 days or more in the preceding 3 years, the starting point is two years.

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I am not a lawyer and can't give legal advice. I do have experience of the day to day working of courts and use that knowledge to help where possible. I do not represent any official body and post as an individual.

Thanks Fisherman.

Another thing, is there an amount of times you can plead hardship? I.e. will they look at records and ignore it seeing that it's been pleaded and taken into account before?

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If you think everyone else around you is driving badly, perhaps it's time to examine your own driving.

You can claim exceptional hardship any time you are liable to a totting ban. There is no limit on the number of times you can do this. Each time an exceptional hardship claim is accepted by the court a careful note is kept of the reasons you gave. Those reasons can't be used again within the next 3 years, no matter how good they are and no matter how much hardship will be caused by loss of licence. You are free to put forward different reasons for exceptional hardship if you tot up again within the 3 years.

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I am not a lawyer and can't give legal advice. I do have experience of the day to day working of courts and use that knowledge to help where possible. I do not represent any official body and post as an individual.

Thanks fisherman, appriciate the info.

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If you think everyone else around you is driving badly, perhaps it's time to examine your own driving.

All very interesting.
Obvious question but is there anywhere online that I can obtain all the magistrate guidelines / rules please ?

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