Why businesses need to clock the speeding tickets
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Given the number of speed cameras on our
roads today and the clampdown on offences such using hand-held
mobile phones while driving, a concern for employers and employees
alike is the risk of the loss of a driving licence, particularly
where a key employee's work relies on their ability to drive.
A lot of misconceptions abound about the rules governing the
loss of a person's licence under what is known as the "totting up"
provisions. The following may therefore be of assistance.
The totting provisions are set out in s35 Road Traffic Offenders
Act 1988 and basically specify that if a person accumulates 12 or
more penalty points for offences committed within any three year
period, they shall be disqualified for a minimum period of six
months. It is the date of offence, not the date of conviction,
which is relevant and therefore seeking to delay court proceedings
will not overcome the rules.
Not all motoring offences are endorsable but those that are
carry a minimum of three penalty points with some, such as
speeding, carrying a range of points depending on the seriousness
of the circumstances alleged.
Where a person is offered a fixed penalty, this would be for
three penalty points and (currently) a £60 fine. If a person wishes
to dispute the offence or where the addition of penalty points
would result in the driver accumulating 12 points or more, they
will be summonsed to attend court where, if convicted, the court
can impose a greater number of points (where applicable) and a
higher fine.
The court does have discretion not to disqualify a driver, or to
disqualify for a period less than six months if, on hearing
evidence, it considers that loss of licence would result in
exceptional hardship, either to the driver or others.
This may not only include, for instance, family members, but
also work colleagues where, for instance, the loss of a key
employee's licence might jeopardise a business and thus risk the
jobs of others.
If such argument is successful, the driver would keep his/her
licence but would be unable to rely on the same circumstances for
the next three years. As their licence would retain the penalty
points endorsed, typically it would mean that they would be one
further endorsable offence away from disqualification. Otherwise a
totting disqualification wipes all current penalty points off the
licence.
An alternative solution available to the court is to impose a
discretionary disqualification for the new offence, typically for a
period of between seven and 56 days.
This allows the court to mark the offence with a shorter
disqualification, avoiding the need to consider whether exceptional
hardship arises. Such a disqualification, where imposed, does not
act to remove pre-existing penalty points but allows a driver to
reserve the exceptional hardship argument for another day or avoids
the problem of where it has been used before.
A court, however, will be slow to use this discretion in less
than deserving cases.
At Gullands we have extensive experience of dealing with all
manner of road traffic offences. We offer a range of services,
including a free initial telephone consultation to consider the
merits of any case, and a range of fixed fees to cover initial
meetings through to court appearances. For further info contact our
office on 01622 678341.
n John Roberts is a partner and head of Gullands Criminal
Litigation team. He regularly advises individuals on motoring
offences and can be reached by email: j.roberts@gullands.com
Thursday, July 28 2011
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