More than 11,000 UK drivers are still on the roads despite having 12 penalty points or more on their driving licence, according to new DVLA data. Motorists are usually given a minimum six-month driving ban for exceeding 12 penalty points, but thousands remain permitted to drive.
Drivers above the points threshold
New information provided through the Freedom of Information Act (FOIA) found that, as of June 6, there were 11,129 full and provisional GB driving licence holders still allowed to drive despite holding between 12 and 49 penalty points. DVLA records also show one individual still on the roads with 62 penalty points.
Road users who have already received one previous disqualification of 56 days or more within the last three years will be banned from driving for 12 months. However, the DVLA explained that some drivers can avoid a ban if disqualification would constitute exceptional hardship.
Exceptional hardship cases
Arguments for exceptional hardship are usually considered where banning a driver would lead to a loss of a job, which could lead to a loss of accommodation for other family members. Motorists could also keep their licence if an individual is required to take family members to medical appointments and no alternative transport is available.
In a statement published in the FOI request, the DVLA said: “Outside the provisions of the FOIA, I should advise that in a small percentage of cases where the driver has accumulated 12 or more penalty points, the DVLA understands that a court can exercise its discretion and not disqualify the driver.
“In the majority of these cases, the magistrates may have decided to allow drivers to retain their entitlement to drive where it is considered that disqualification would cause exceptional hardship. The DVLA checks with courts when a driver’s 12 current penalty point threshold is met or exceeded but where a disqualification is not imposed at the time of the conviction.
“The DVLA takes this action to confirm that this is the intention of the court and to help ensure the DVLA records motoring convictions and sentences as accurately as possible.”
