Diff: Exceptional Hardship
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In the context of [[The Highway Code|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. |
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==Legal Framework== |
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===Road Traffic Offenders Act 1988=== |
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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. |
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===The Burden of Proof=== |
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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. |
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==Circumstances Constituting Exceptional Hardship== |
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While there is no exhaustive list of circumstances that constitute exceptional hardship, common factors considered by the court may include: |
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'''Exceptional hardship''' is a term used in England and Wales in the context of totting-up driving disqualification. It can allow a court to reduce or avoid the usual minimum driving ban where a driver reaches 12 or more active penalty points, but only if the hardship is genuinely exceptional. |
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Employment Consequences: Loss of employment or severe financial detriment resulting from the inability to drive to work. |
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The concept is linked to section 35 of the Road Traffic Offenders Act 1988. It does not mean that losing a licence is inconvenient, expensive or embarrassing. The Sentencing Council says almost every driving ban causes hardship, and that the court needs evidence before accepting that the hardship goes beyond the normal consequences of disqualification. |
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Impact on Dependents: Adverse effects on dependents, especially if the disqualified individual is the sole caregiver or responsible for the well-being of others. |
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== Totting-Up Disqualification == |
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Totting up applies when a driver accumulates 12 or more relevant penalty points. The Sentencing Council states that the minimum disqualification is normally six months, or longer where previous disqualifications of at least 56 days count within the relevant three-year period. |
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Medical or Health Considerations: If the disqualified person or someone they care for has significant medical needs that require transportation. |
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==Legal Process== |
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When facing disqualification, the individual must present their case before the court. This typically involves: |
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Points for offences committed more than three years before the current offence are not counted for this purpose. The court first considers the offences and any penalty points, then considers whether the statutory minimum disqualification applies. |
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Notification: The offender is informed of the impending disqualification and given an opportunity to present evidence of exceptional hardship. |
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== What the Court Can Consider == |
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The driver has to prove the exceptional hardship argument on the civil standard of proof. Evidence is usually needed from the driver and, where relevant, from employers, family members, carers, medical professionals or others affected by the ban. |
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Court Appearance: The individual appears before the court to present their case, providing evidence and witness statements to support their claim. |
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Possible factors include severe consequences for dependants, loss of employment where that loss has wider effects on others, inability to provide care, or serious impact on a business and its employees. The strongest cases usually explain why realistic alternatives, such as public transport, taxis, lift-sharing, changed duties or temporary support, would not avoid the hardship. |
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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. |
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==Legal Representation== |
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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. |
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==Precedents and Case Law== |
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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. |
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==New Drivers' Provision== |
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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. |
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== What Is Usually Not Enough == |
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Loss of a licence will commonly affect work, family life, income and convenience. That is not automatically exceptional. The Sentencing Council says loss of employment may be an inevitable consequence of a driving ban for many people and is not, by itself, enough to prove exceptional hardship. The court looks at the facts and the wider consequences. |
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The court must not treat the underlying offence as less serious when deciding exceptional hardship. It also cannot normally rely again on the same circumstances if those circumstances have already been used within the previous three years to reduce or avoid a totting-up ban. |
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== New Drivers == |
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New drivers are a separate issue. GOV.UK says a licence will be revoked if a new driver gets six or more points within two years of passing the test. That revocation is an administrative consequence under the new-driver rules, not the same as an exceptional hardship argument against a 12-point totting-up disqualification. |
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== Practical Examples == |
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=== Weak Argument === |
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A driver says they dislike buses and need the car for ordinary commuting. That is hardship, but it is unlikely to be exceptional without stronger evidence. |
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=== Stronger Argument === |
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A driver is the only realistic transport for a disabled dependant who needs regular medical appointments, and evidence shows no workable alternative. The court may treat the impact on the dependant as more serious than ordinary inconvenience. |
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=== Employment Argument === |
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A driver says they will lose their job if banned. The court will usually ask for evidence and will consider whether the work can be changed, whether another role is available, and what the consequences would be for others. The loss of the job itself does not automatically decide the point. |
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== See Also == |
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* [[The_Highway_Code]] |
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* [[Road_Traffic_Offenders_Act_1988]] |
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* [[Driving_disqualification]] |
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* [[Penalty_points]] |
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== References == |
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* [https://www.legislation.gov.uk/ukpga/1988/53/section/35 Road Traffic Offenders Act 1988, section 35] |
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* [https://sentencingcouncil.org.uk/ancillary-suppl-information-text/road-traffic-offences-disqualification/3-totting-up-disqualification/ Sentencing Council: Totting-up disqualification] |
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* [https://www.gov.uk/penalty-points-endorsements/new-drivers GOV.UK: Penalty points and new drivers] |
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* [https://www.gov.uk/driving-disqualifications GOV.UK: Driving disqualifications] |
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[[Category:Law]] |
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[[Category:Motoring law]] |
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[[Category:UK law]] |