Fury as driver with 176 points on their licence is STILL not banned from driving

By Richard Marsden and Rob Hull

Updated: 19:16 AEDT, 4 November 2024

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A driver in his 20s with 176 penalty points is among more than 10,000 motoring offenders still on the road when they would normally be banned – sparking calls for a crackdown.

The figures, from the Driver and Vehicle Licensing Agency (DVLA), were branded 'shocking' by a leading road safety charity, which said such drivers should be forced to take extra training.

The 26-year-old with 176 points is one of three male licence holders with more than 100 points.

The 26-year-old with 176 points is one of three male licence holders with more than 100 points

A total of 10,056 drivers hold a valid licence despite having at least 12 points and 53 people have at least 30 points

A 50-year-old woman also has 96 points. 

Details of over how long the points were accrued have not been released.

Normally, drivers are banned for six months if they receive 12 or more points in a three-year-period.

But lenience is applied if offending motorists can convince a court that a ban would result in 'exceptional hardship', which could relate to their ability to work or care for their family.

Points stay on a licence for years after a ban is served. 

Courts have previously promised to come down hard on repeat motoring offenders abusing this loophole.

The Sentencing Council in 2020 published new Magistrates’ Court sentencing guidelines to prevent motorists from claiming disqualification from driving will result in exceptional hardship.

It ruled that loss of employment caused by a disqualification from driving is no longer sufficient alone to demonstrate exceptional hardship.

Offenders since 1 October 2020 have been required to prove that the loss of their licence is more than merely an inconvenience.

However, the clampdown has been unsuccessful, with the number of drivers on the road with more than a dozen points increasing this the rules were introduced. 

A total of 10,056 drivers hold a valid licence despite having at least 12 points (up from around 9,000 in 2020) and 53 people have at least 30 points.

Nicholas Lyes, director of policy and standards at road safety charity IAM RoadSmart, part of the Institute of Advanced Motorists, said: 'These shocking statistics call into question whether the definition of exceptional hardship needs reviewing. 

'At the very least, those that accrue 12 or more points on their licence should be required to take an additional training course, even if they are allowed to keep their licence.'

Steve Gooding, director of motoring research charity the RAC Foundation, said: 'Exceptional hardship needs to be truly exceptional.

'A bit more transparency in the system might ensure the right balance is being struck between personal mobility and our collective safety.'

Points are issued following convictions for offences such as driving without due care and attention (three to nine points), drink-driving (three to 11), and speeding (three to six).

Points for lower-level speeding offences – handed out if a driver is unsuitable for or unable to take a speed awareness course – are normally added to a driver's licence without them attending court.

The figures, from the Driver and Vehicle Licensing Agency (DVLA), were branded 'shocking' by a leading road safety charity

The DVLA said it records information provided by courts and has no influence on sentences

Points remain on licences for between four and 11 years after an offence is committed, meaning some people with multiple driving convictions are legally allowed behind the wheel because they have served a period of disqualification.

The DVLA figures do not show how many motorists avoided a ban despite reaching 12 points. Details of the individual drivers who had racked up the highest totals were not available.

The DVLA said it records information provided by courts and has no influence on sentences.

Where the threshold of 12 points is met but a disqualification is not imposed, the agency said it contacts the relevant court to check that was the intention.

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