Cycling UK calls for end to driving ban loophole – TransportXtra
A legal loophole that allows motorists who have 12 penalty points on their licence to avoid a driving ban by claiming it would cause them “exceptional hardship” must be closed, argues Cycling UK.
More than 83,000 drivers in the past 10 years have escaped disqualification due to “mitigating circumstances”, the charity estimates.
Cycling UK said the legal loophole has resulted in the death and serious injury of other road users.
In October 2020, the Sentencing Council issued guidance for magistrates, which was intended to reduce the number of offenders with totting up offences who avoided disqualification.
However, the Sentencing Council said that some magistrates and legal advisers have suggested that courts are too often imposing short discretionary disqualifications (of less than 56 days) where people have received 12 or more points.
