In the UK legal system, driving offences are tracked using a system of penalty points. When a driver accumulates too many points within a certain period, they may face a driving ban under what is known as the totting up procedure. The code for totting up is not a single statute or section, but rather a term that encompasses a set of rules and provisions mainly contained within the Road Traffic Offenders Act 1988. Understanding the implications of totting up, and how it works, is essential for anyone holding a UK driving license or driving within the UK jurisdiction. This topic explores the process, the consequences, potential defenses, and the importance of legal awareness when it comes to accumulating penalty points.
Understanding Totting Up in UK Law
Definition and Legal Basis
Totting up refers to the accumulation of penalty points on a driver’s license due to committing motoring offences. When a driver reaches or exceeds 12 penalty points within a three-year period, they are liable to disqualification under the totting up rules. The primary legislation that governs this is the Road Traffic Offenders Act 1988, particularly Section 35.
What Counts Towards Totting Up?
Points are assigned to a license for various offences, and they stay on the license for a number of years depending on the nature of the offence. Examples of offences that incur penalty points include:
- Speeding
- Driving without insurance
- Using a mobile phone while driving
- Driving under the influence of alcohol or drugs
- Failure to comply with traffic signs
The codes associated with these offences, such as SP30 (speeding on public roads) or CU80 (using a mobile phone), are recorded on the driver’s license along with the corresponding points.
The Totting Up Threshold
What Happens at 12 Points?
If a driver reaches 12 or more points on their license within a three-year period, they face disqualification under the totting up rules. The standard length of disqualification is:
- 6 months for a first totting up disqualification
- 12 months if the driver has been disqualified under totting up within the previous three years
- 2 years if there have been two or more such disqualifications within the last three years
The court has discretion to impose these bans and must follow the statutory guidelines unless the driver can demonstrate exceptional hardship.
Exceptional Hardship Argument
Drivers who face a totting up ban may apply to the court to avoid disqualification by claiming that the ban would cause exceptional hardship. This is not a guaranteed exemption, and the burden of proof lies with the driver to demonstrate how losing their license would create significant consequences beyond the usual inconvenience. Examples of exceptional hardship might include:
- Losing a job that requires driving
- Inability to care for dependents
- Financial ruin or business closure
The court will assess the evidence provided and may choose to reduce the period of disqualification or waive it altogether if they are convinced by the argument. It’s important to note that exceptional hardship cannot be claimed using the same reasons that were previously used in a prior application within the last three years.
Common Totting Up Offences and Codes
Penalty Code Examples
Here are some of the more common driving offences and their associated codes, which may contribute toward the totting up procedure:
- SP30 Exceeding statutory speed limit on a public road (36 points)
- CU80 Breach of requirements as to control of the vehicle (e.g., mobile phone use) (36 points)
- IN10 Using a vehicle uninsured against third party risks (68 points)
- DR10 Driving or attempting to drive with alcohol level above limit (311 points)
- TS10 Failing to comply with traffic light signals (3 points)
These offences and codes appear on a driver’s license record and are monitored by the DVLA. If multiple offences occur close together, they may be counted simultaneously, depending on how the court handles sentencing.
Legal Implications of Totting Up
Driving Disqualification Process
If a driver is convicted of an offence that brings their total points to 12 or more, the court must consider disqualification. The disqualification is immediate unless an exceptional hardship plea is successful. A disqualified driver must surrender their license and will be prohibited from driving during the ban.
Reapplying for a License
After serving a totting up disqualification, the individual must reapply for their license. In some cases, particularly if the court imposes a longer ban, the driver may be required to retake the driving test or even undergo an extended driving test before reinstatement.
Impact on Insurance and Employment
Increased Insurance Premiums
Having penalty points on a license, especially due to totting up, can significantly increase insurance premiums. Insurers may view drivers with multiple points as high-risk, leading to higher costs or even denial of coverage from certain providers.
Effect on Employment
Jobs that involve driving, such as delivery drivers, taxi drivers, or professional lorry drivers, may be directly affected by a totting up disqualification. Employers often have strict policies, and loss of a license can lead to termination of employment.
Preventing Totting Up
Responsible Driving
The most effective way to avoid the consequences of totting up is to practice safe and legal driving at all times. Being aware of speed limits, avoiding distractions like mobile phones, ensuring proper vehicle documentation, and avoiding alcohol or drugs while driving are all essential steps.
Legal Advice and Representation
If you are close to reaching the 12-point threshold, or already have, it is highly advisable to seek legal advice. A solicitor with experience in motoring law can help assess your options, build a strong exceptional hardship case if applicable, and potentially reduce the impact of a conviction.
The code for totting up is not a single code, but rather a term used to describe the cumulative effect of accumulating penalty points on a UK driving license. Once 12 points are reached within three years, the driver faces serious consequences, including mandatory disqualification unless they can prove exceptional hardship. Understanding how totting up works, the codes and offences that contribute to it, and the legal defenses available is vital for protecting one’s driving privileges. Staying informed, driving responsibly, and seeking timely legal support are the best strategies to avoid or mitigate the repercussions of totting up in the UK.