How Does Totting Up Work

Many drivers are surprised to learn that accumulating too many penalty points on their licence can result in a driving disqualification, even if the individual offences were relatively minor. This system is known as ‘totting up.’ In the UK legal framework, totting up is an important mechanism designed to encourage safe driving by penalising repeated infractions. Understanding how totting up works is essential for anyone who wants to avoid a potential driving ban and keep their licence clean.

Understanding Totting Up

The Penalty Points System

Totting up operates through the penalty points system, which assigns a specific number of points for various driving offences. These points are recorded on a driver’s licence and remain valid for a certain period, usually three years. Some common offences and their associated points include:

• Speeding – 3 to 6 points
• Using a mobile phone while driving – 6 points
• Driving without insurance – 6 to 8 points
• Failing to stop after an accident – 5 to 10 points

Points are endorsed on the driving licence and held on record by the DVLA. If the total reaches a specific threshold, the totting up procedure is triggered, and the consequences become more serious.

Triggering the Totting Up Ban

Once a driver accumulates 12 or more penalty points within a three-year period, the court can impose a totting up ban. This is usually a minimum disqualification of six months. The length of disqualification can be longer if the driver has already been disqualified in the past:

• Six-month ban for a first totting up offence
• One-year ban if the driver has been disqualified for 56 days or more within the last three years
• Two-year ban if two previous disqualifications of 56 days or more occurred within three years

This structured framework ensures that habitual traffic offenders face escalating consequences to deter repeated misconduct on the road.

Totting Up and Court Procedure

Automatic Disqualification

When a driver reaches or exceeds 12 points, they are usually summoned to court. The court takes into account the driver’s offence history, any mitigation, and their driving record. Unless there is a successful argument to avoid disqualification, the ban is automatic under the totting up rules.

Exceptional Hardship Arguments

There is one potential escape route from a totting up disqualification: proving exceptional hardship. This legal argument does not mean ordinary inconvenience, but significant hardship that extends beyond the driver alone. Some examples may include:

• Loss of employment where alternative income is unavailable
• Impact on dependants, such as children or elderly relatives
• Inability to continue essential medical treatment or support services

It is important to note that this argument can only be used once within a three-year period for the same grounds. Therefore, if someone successfully avoids disqualification due to exceptional hardship, they cannot use the same reason again until that time has passed.

New Drivers and Totting Up

Stricter Rules for Recent Licence Holders

New drivers face even stricter consequences. Under the New Drivers Act, if a person accumulates six or more points within two years of passing their driving test, their licence is revoked. This is not a totting up ban per se, but it mirrors the same outcome loss of the ability to legally drive.

Once the licence is revoked, the new driver must reapply for a provisional licence, retake both the theory and practical driving tests, and earn their licence all over again. This strict measure aims to instil safer driving habits among new licence holders.

Practical Examples of Totting Up

Scenario 1: Speeding Multiple Times

Imagine a driver is caught speeding three times in two years. Each offence results in 4 penalty points. When the third offence is added, the driver hits 12 points. A court hearing is scheduled, and unless exceptional hardship is proven, a six-month driving disqualification follows.

Scenario 2: Driving While Using a Mobile Phone

A driver is caught using a mobile phone twice within 18 months. Each offence carries 6 points, totalling 12. Totting up disqualification applies automatically unless successfully contested in court with a hardship defence.

Rehabilitation and Removing Points

When Points Are Removed

Penalty points do not stay on a licence indefinitely. They typically remain active for three years, although they can be visible to insurers and authorities for up to four years. After that period, the points are removed automatically if no further offences have occurred.

Driving Courses and Reduction of Points

In some cases, drivers may be offered the option to attend a speed awareness course instead of receiving points. This is usually only offered for first-time or low-level speeding offences. Completing such courses can help prevent a totting up situation from developing.

How to Avoid Totting Up

Maintain Safe Driving Habits

The best way to avoid totting up is to drive safely and within the law. Following speed limits, not using mobile phones, ensuring insurance and MOT compliance, and driving attentively all contribute to keeping your licence clean.

Monitor Your Driving Record

It is possible to check how many penalty points are on your driving licence by contacting the DVLA. Regular checks can help you stay aware of your status and avoid accumulating additional points unknowingly.

Seek Legal Advice

If you’re close to reaching 12 points or are facing a court summons, it is advisable to seek professional legal advice. A solicitor can help assess whether an exceptional hardship plea is viable and guide you through the court process.

Totting up is a crucial part of road safety enforcement in the UK. It ensures that repeat offenders do not continue to accumulate minor offences without facing serious consequences. Once 12 or more points are gathered within three years, disqualification is almost certain unless exceptional hardship is demonstrated. Understanding how the system works, staying informed of your points, and maintaining good driving behaviour are all essential to avoiding a totting up ban. Whether you’re a new driver or have been on the road for decades, staying within the law protects your licence, your livelihood, and others on the road.