End of the loophole that allowed motorists to evade a roadblock: The “exceptional hardship” call to avoid losing your driver’s license disappears from the sentence instructions
- A legal loophole that allows drivers with 12 points to avoid a roadblock must be closed
- Currently motorists can avoid the ban by saying it would cause ‘exceptional hardship’
- In March, the Mail revealed that there were at least 10,589 drivers still on the roads with scores of scores or more – including at least one with a staggering 66 points.
A legal loophole exposed by the Post allows drivers with 12 or more penalty points to avoid being locked out.
Motorists with such a record over three years should be automatically disqualified – but they could avoid the ban by saying it would cause “exceptional hardship”.
Although there is no strict definition, exceptional hardship can cover the care of a sick relative who needs to drive or lose a job.
A legal loophole exposed by Mail that allows drivers with 12 or more penalty points to avoid a ban to be closed (stock image)
It is judged on a case-by-case basis.
In March, the Mail revealed that there were at least 10,589 drivers still on the roads with scores of scores or more – including at least one with an astonishing 66.
“The process of proving exceptional hardship is robust, and judges examine every case very carefully,” the Judges’ Union said at the time.
But the Sentencing Board, a body made up of judges and legal experts that reports to the Ministry of Justice, revised the guidelines after public consultation.
The updated rules, which went into effect at the beginning of October, stipulate that job loss should be considered an “inevitable consequence of the driving ban” and emphasize the “deterrent objective” of penalty points.
“Driving is a privilege, not a right,” said Joshua Harris, of the Brake Road Safety charity. “Those who break the law and put others at risk should have their licenses revoked.”
Last year, Alan Partridge Actor Steve Coogan avoided a six-month ban after he was caught driving his Porsche at 36 mph in the 30 mph zone – with nine points already on his license.
Speeding in Zone 30 is the most common offense.
In March, the Mail revealed that there were at least 10,589 drivers still on the roads with scores of points or more – including at least one with a staggering number 66 (stock photo)
The comedian told judges that the six-month ban would force him to cancel filming of the BBC series, causing “exceptional hardship” for his crew, who would lose their jobs.
Get away from a two-month sentence.
Earlier this year, the esthetician who was caught speeding in her Audi 20 times along the same stretch of the highway was allowed to continue driving – despite collecting 66 points – because she was unable to work.
Drivers with 12 points or more are prohibited from driving on the road for at least six months – unless mitigating circumstances exist.
John Collins, chief executive of the Judges Association, said he welcomes the update and that judges “treat each case on its individual merits.”
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