In the United Kingdom, drivers who repeatedly commit traffic offenses may face a totting up ban. This driving disqualification is triggered when a motorist accumulates 12 or more penalty points on their driving licence within a three-year period. The totting up process is not immediate, and understanding when a totting up ban starts is essential for drivers facing this potential consequence. The start date of a totting up ban depends on various legal and procedural factors, which can significantly affect how long a driver remains disqualified. This topic explains in detail how the totting up system works, when the ban begins, and the implications for drivers.
Understanding the Totting Up System
What Is Totting Up?
Totting up refers to the accumulation of penalty points on a driver’s licence. These points are typically assigned for driving offenses such as speeding, using a mobile phone while driving, running red lights, or careless driving. Once a driver reaches 12 or more points within a three-year period, they become subject to a mandatory disqualification under the Road Traffic Offenders Act 1988.
How Penalty Points Are Calculated
The total number of points is calculated by examining the date of the offenses, not necessarily the dates of conviction. For example, if a driver commits several offenses within a few months but they are processed in court later, the points may still count toward the same three-year window if the offense dates fall within that period.
When Does the Totting Up Ban Actually Start?
Start Date of Disqualification
The disqualification resulting from totting up points does not begin the moment a driver hits 12 points. The ban is imposed by a court, which means the totting up ban starts on the day the magistrates or judge announces the disqualification during sentencing. This is usually after the driver has been found guilty of a new offense that causes the total points to reach or exceed 12.
The Role of the Court Appearance
Once the case is heard and the court decides a totting up ban is necessary, the ban takes effect immediately unless the court orders otherwise. This is particularly important because it means the actual start date of the ban is controlled by the timing of the court’s decision, not when the offenses were committed or the points were added.
Exceptions to Immediate Start
There are situations where a disqualification may not begin immediately. For instance:
- If the driver successfully applies for an appeal, the ban may be suspended until the outcome is known.
- If the court allows for time to settle business or personal affairs, a brief delay might be granted.
However, these are exceptions rather than the norm. Most totting up bans start from the day of the court’s ruling.
Length of a Totting Up Ban
Standard Disqualification Periods
The length of a totting up ban depends on whether the driver has been previously disqualified:
- First-time offenders: 6 months
- One previous disqualification of 56 days or more in the last 3 years: 12 months
- Two or more previous disqualifications of 56 days or more in the last 3 years: 2 years
Mitigating Circumstances
In some cases, drivers can argue that a ban would cause exceptional hardship. If the court accepts the argument, it may reduce the length of the ban or avoid disqualification altogether. Common examples of hardship include loss of employment or inability to care for dependents.
Appealing a Totting Up Ban
Challenging the Sentence
If a driver believes the sentence is too harsh or there has been a legal error, they can appeal the disqualification. This must be done within 21 days of sentencing. During the appeal process, the ban may be paused, depending on the court’s decision.
Outcome of Appeals
The appeal could result in:
- Upholding the original ban
- Reducing the ban period
- Overturning the disqualification entirely
Impact of a Totting Up Ban
Effect on Driving Licence
When the ban starts, the driver’s licence is usually endorsed with the disqualification. This means the licence is either suspended or revoked for the duration of the ban. Once the period ends, the driver may have to reapply for a new licence or pass certain tests, depending on their history.
Insurance and Employment Consequences
A totting up ban can significantly impact car insurance premiums, which may rise sharply. Additionally, those who drive as part of their job might face suspension or dismissal, particularly if the driving ban affects their ability to perform essential duties.
Reinstating a Licence After the Ban
Reapplication Process
At the end of a totting up disqualification, the driver must apply to the DVLA to reinstate their licence. This often involves paying a fee. In certain cases, especially where a ban exceeds 56 days, the individual may need to pass a driving test again.
New Points System Post-Ban
When a driver’s licence is reinstated, the penalty points that triggered the ban are usually removed. However, if new offenses are committed, the points will accumulate again as normal under the totting up system.
Preventing a Totting Up Ban
Driving Responsibly
The best way to avoid a totting up ban is through safe and lawful driving. Monitoring one’s driving record and being aware of points already on the licence can prevent crossing the 12-point threshold.
Seeking Legal Advice
If a driver is nearing 12 points, consulting a motoring solicitor before the next court date can be beneficial. A legal expert can help build a case for exceptional hardship or advise on alternatives to disqualification.
Understanding when a totting up ban starts is vital for anyone who drives in the UK and has accumulated penalty points. The ban officially begins when the court pronounces the disqualification, not when the points are added or the offense is committed. A totting up ban can have lasting effects on your licence, career, and insurance. Therefore, it’s crucial to stay informed, drive cautiously, and seek legal advice when facing potential disqualification.