Exceptional Hardship
In the context of UK motoring law, the term exceptional hardship refers to a legal concept that allows individuals facing disqualification from driving to present mitigating factors to avoid or reduce the severity of the imposed penalty. This provision recognises that certain circumstances may warrant leniency due to the disproportionate impact disqualification may have on an individual and others associated with them.
Legal Framework
Road Traffic Offenders Act 1988
Exceptional hardship is primarily governed by the Road Traffic Offenders Act 1988 (RTOA 1988). Section 35 of the Act grants the court discretionary powers to consider exceptional hardship when determining whether to impose a disqualification for certain driving offences.
The Burden of Proof
It is essential to note that the burden of proof rests on the individual facing disqualification. The court will require clear and compelling evidence demonstrating that the hardship faced is genuinely exceptional and extends beyond the typical consequences of losing one's driving privileges.
Circumstances Constituting Exceptional Hardship
While there is no exhaustive list of circumstances that constitute exceptional hardship, common factors considered by the court may include:
Employment Consequences: Loss of employment or severe financial detriment resulting from the inability to drive to work.
Impact on Dependents: Adverse effects on dependents, especially if the disqualified individual is the sole caregiver or responsible for the well-being of others.
Medical or Health Considerations: If the disqualified person or someone they care for has significant medical needs that require transportation.
Legal Process
When facing disqualification, the individual must present their case before the court. This typically involves:
Notification: The offender is informed of the impending disqualification and given an opportunity to present evidence of exceptional hardship.
Court Appearance: The individual appears before the court to present their case, providing evidence and witness statements to support their claim.
Judicial Discretion: The court exercises its discretion to determine whether the circumstances presented amount to exceptional hardship, justifying a reduction or avoidance of the disqualification.
Legal Representation
Given the complexity of presenting an exceptional hardship case, individuals often seek legal representation, commonly in the form of a solicitor or barrister specialising in motoring law. Legal professionals can provide guidance on building a robust case and navigating the legal process.
Precedents and Case Law
The outcomes of exceptional hardship cases are influenced by precedents and case law. Examining past decisions can offer insights into factors that the court may find persuasive or exceptional in specific circumstances.
New Drivers' Provision
Notably, drivers who are new and amass six points cannot argue exceptional hardship; their licence is immediately revoked. This provision underscores the importance of responsible driving behaviour among new licence holders.
