Totting Up — How It Works
Under s.35 Road Traffic Offenders Act 1988, a court must disqualify a driver who has accumulated 12 or more penalty points on their licence within 3 years — unless the driver can establish exceptional hardship. The disqualification periods are:
- Minimum 6-month disqualification
- Points that triggered the ban are wiped on return of the licence
- Exceptional hardship argument available
- Minimum 12-month disqualification
- Exceptional hardship argument still available
- Minimum 2-year disqualification
- Exceptional hardship argument still available
Exceptional Hardship — Making the Argument
Exceptional hardship must be significantly beyond the ordinary inconvenience of losing a licence. Courts are familiar with the standard arguments and will not be moved by inconvenience alone. What counts:
One attempt per 3-year period: The exceptional hardship argument can only be run once in any 3-year period on the same grounds. A solicitor ensures you do not waste your opportunity on a poorly prepared submission — and identifies the most compelling grounds based on your specific circumstances.
Evidence required: Letters from employers, witnesses who give evidence about the impact, medical evidence, research into alternative transport, and financial evidence may all be needed. Your solicitor identifies what is needed and prepares it well before the hearing.
Mandatory & Discretionary Disqualification
Some offences carry mandatory disqualification as part of the penalty — separate from totting up. Under s.34 Road Traffic Offenders Act 1988:
- Drink / drug driving (minimum 12 months — first offence)
- Dangerous driving (minimum 12 months)
- Causing death by dangerous driving (minimum 2 years)
- Causing death by careless driving while under the influence (minimum 2 years)
- Speeding (Band B and C — court's discretion)
- Careless driving
- Using a hand-held mobile phone while driving
- Any endorsable offence where the court considers disqualification appropriate
New Drivers & Licence Restoration
If a driver accumulates 6 or more penalty points within 2 years of passing their test, their licence is automatically revoked. They must re-apply for a provisional licence and pass both the theory and practical tests again. Unlike totting up, there is no exceptional hardship argument available — revocation is automatic.
A disqualified driver can apply to the court for early removal of the ban once a minimum period has elapsed: 2 years of a ban of 4 years or less; half the ban period for longer bans. The court considers conduct since disqualification, character, and the nature of the original offence. A solicitor prepares and presents the restoration application.
Frequently Asked Questions
What points are counted for the 3-year totting up period?
The 3-year period runs from the date of the earliest offence, not from the date of conviction or endorsement. Points accumulate from conviction to conviction — so a conviction in 2023 for an offence committed in 2021 counts from 2021. Points from offences committed more than 3 years before the most recent offence are disregarded. Your solicitor reviews your DVLA record carefully to verify which points are live for totting purposes.
Can the court still disqualify me even if I'm under 12 points?
Yes. A court has discretion to impose a disqualification for any endorsable offence under s.34 RTOA 1988, even if you have fewer than 12 points. For some offences (such as higher-band speeding or using a mobile phone), the sentencing guidelines indicate that disqualification should be considered as an alternative to points. A solicitor argues against discretionary disqualification by emphasising your clean record and the mitigation in your case.
How do I prove exceptional hardship to the court?
You give evidence on oath, supported by documents. Typical evidence: a letter from your employer confirming your role requires driving, that no alternative transport is available, and the specific consequence (likely dismissal) of a ban. For impact on third parties: witness statements or live evidence from those affected, such as employees or the person requiring care. Courts scrutinise vague assertions — the evidence must be specific and verifiable.
If I lose my ban argument, when can I drive again?
At the end of the disqualification period, you do not need to re-apply for a licence — your original licence automatically becomes valid again (unless it expired during the ban, in which case you must renew it). However, if you were convicted of a drink or drug offence making you a high risk offender (HRO), DVLA will not restore your licence until you pass a medical examination. Your solicitor confirms whether HRO status applies.
Can I apply to remove my disqualification early?
Yes — under s.42 RTOA 1988, you can apply to the sentencing court to remove a disqualification once a minimum period has elapsed: 2 years for bans of up to 4 years; half the ban for longer bans. The court considers your conduct since the ban, character evidence, and the nature of the original offence. Applications are not automatically granted. Your solicitor prepares the application and presents it persuasively.