When convicted of a motoring offence in
Scotland your conviction is recorded by the court and
penalty points may be endorsed upon your driving licence. As
this total grows it is commonly referred to as totting up,
points.
When a court refers to "Totting Up"
they are referring to the accumulation of 12 or more points
on your driving licence and the decision to disqualify you
from driving or holding a driving licence.
Totting up is recorded from date of
offence to date of offence. This has to be one of the most
frequent questions we are asked about as people consider
trying to delay their case in some way to escape totting up.
This will not work. Points are counted from date of offence
to date of offence.
Endorsements must stay on your driving
licence for four or eleven years depending on the offence.
They are live for totting purposes for 3 years but you
cannot have them removed from your licence until the 4th
anniversary
Usually a 6 month period (It is more
you have been banned before) is imposed when the court finds
that totting up has reached 12 points but this is not always
the case. A good lawyer can make a tremendous difference in
how to present your case to the court to establish something
called "Exceptional Hardship"
Penalty points and Codes
Each endorsement has a unique offence code and is
allocated ‘penalty points’ on a scale from one to eleven,
depending on the severity of the offence. The endorsement
(and penalty points) is updated on your driver record and
written on your paper driving licence or the counterpart
document of your photocard driving licence. It is shown as a
TT99 code. Usually done by DVLA but sometimes by the court
where you appear.
Producing your driving licence for
endorsement
You do need to take your licence to court with you but if
you have lost the document then the court can USUALLY obtain
a copy of your driver's record from their computer system.
If your driving licence is mislaid or lost, get a
duplicate online it is simple and easy and fast.
If your driving licence is not returned after being
endorsed, you’ll need to contact the Fixed Penalty Office or
the court responsible for endorsing it. If you’ve changed
address, or your licence is damaged or the endorsement area
is full, the Fixed Penalty Office or court will send your
driving licence to DVLA to be updated. It will be returned
to you within three weeks.
Removing expired endorsements from your
driving licence
You can apply to remove expired endorsements by
exchanging your driving licence for a new one.
Expired endorsements are automatically removed when you
apply to renew or update your licence for other reasons.
Exceptional Hardship Proof
It is possible to reduce the length of
disqualification or even remove it.
If there
are mitigating circumstances. Simply saying to the court
that the disqualification will cause hardship is not
enough. It is thought that disqualification would
normally cause hardship, and is part of the penalty.
Only if you can show that the hardship is exceptional
will the court consider that the penalty should be
reduced. The courts interpret this strictly –
exceptional hardship must be something out of the
ordinary.
Exceptional hardship is only relevant when you are
disqualified under the “totting up” provisions. If you
accumulate 12 or more points on your licence within a
period of three years, then you will automatically be
disqualified from driving for a period of six months (or
longer if you have been disqualified before).
What could amount to exceptional hardship in any given
case depends on the circumstances. If you can show that
the disqualification would also cause hardship to others
– for example family members, work colleagues or
employees, or others who rely on you, such as ill or
infirm relatives – then this will certainly be in your
favour. In one case, a self-employed painter and
decorator argued that
a
disqualification would result in his business failing
(resulting in hardship to him and his family) and his
three employees losing their jobs (which would cause
hardship for their families). The painter was the only
person in the business who held a licence, and he
required to drive a van to transport his employees and
equipment. This was held to be exceptional
hardship.
Alternatively, if the disqualification would cause you
extreme personal hardship, then the courts may consider
that exceptional hardship has been established. In one
case, a driver argued that if he was disqualified, he
would lose his job, be unable to pay his mortgage and
would lose his house, would be unable to pay a loan from
his employers, and would probably result in the break-up
of his marriage. The court considered that in the
circumstances this was exceptional hardship. In another
case, a full-time taxi driver in his forties
successfully argued that if he was disqualified, he
would lose his taxi licence which would take him up to
ten years to regain. The court found that this amounted
to exceptional hardship.