Cycling charity Cycling UK has called for legislation to remove a legal loophole, which allows drivers who have accrued 12 penalty points on their licence to avoid a driving ban by claiming it would cause them “exceptional hardship”.
Reportedly more than 83,000 drivers in the past 10 years have avoided disqualification as a result of “mitigating circumstances”.
Cycling UK published a report last year, which sought to bring attention to drivers who had used this loophole to avoid a driving ban despite repeated offences, who went on to harm or kill other road users.
In October 2020, the Sentencing Council issued guidance for magistrates to help reduce the number of offenders with 12 points who avoided a temporary ban.
As reported in the Sunday Times, since those changes, the Sentencing Council says it has been suggested by some magistrates and legal advisers that courts are too often imposing short discretionary disqualifications (of less than 56 days) where people have received 12 or more points.
The Sentencing Council can only issue guidance for magistrates and cannot create legislative change. Cycling UK has asked the government to pursue new legislation for road safety in light of what it describes as evidence of current legal failings.
Duncan Dollimore, head of campaigns at Cycling UK, said: “The Sentencing Council’s report shows we now have a loophole within a loophole.
“The result is people who should be facing six month or longer driving bans are continuing to pose a risk on our roads, often with fatal results.
“Exceptional hardship is not losing the right to drive, exceptional hardship is what families such as Louis McGovern’s and Lee Martin’s have to face when their loved ones do not return home.
“Exceptional hardship is when the courts put the retention of someone’s licence to drive above the safety of other road users.
“Exceptional hardship is when the courts allow irresponsible people to carry on driving until they cause further harm or death on the roads.
“For more than eight years the government has recognised our road traffic laws failing – it’s about time they brought in their much needed change.”
Last year Cycling UK published a report which highlighted two individuals who accrued 12 points, which would normally lead to a ‘totting up’ ban, but avoided disqualification, and went on to cause deaths by dangerous driving.
The report also highlights several other cases of drivers, including celebrities Steve Coogan, Katie Price and Ian Brown, who have used the claim of exceptional hardship to escape a ban.
