Penalty Points

Scales of JusticeIf you acquire 12 points in a 3 year period then you become liable for disqualification under the 'totting-up' procedure; this will be a minimum 6 month period. Disqualification can be avoided if the court can be persuaded that you'll suffer "exceptional hardship". Please note that losing your job is not necessarily considered to be exceptional hardship! There are additional details about the different types of disqualification and their implications on our Disqualification page.

Penalty points count toward totting-up for 3 years, but they are not actually removed from your driving licence for another year, so they stay on your licence for 4 years. The date that counts for the purpose of totting-up is the date of the offence, not the date that the points were actually put on to your licence.

Maximum fines at present levels

The maximum fine that can be imposed by Magistrates' Courts for a particular offence is set at one of five levels. The actual fine imposed must be no more than this maximum, is based on the offender's "relevant weekly income", and will fall within a Band depending on the circumstances of the case. For speeding offences there is some more detail about relevant weekly income on the Magistrates' Guidelines page.

Level

Maximum fine

Level 1

£200

Level 2

£500

Level 3

£1,000

Level 4

£2,500

Level 5

£5,000

Magistrates' guidelines for motoring offence penalties

The guidelines used by Magistrates' Courts in deciding on the penalties they impose are specified in detail in the Magistrates' Court Sentencing Guidlines published by the Sentencing Guidelines Council. The magistrates can deviate from the guidelines, but if they do they must explain their reasons. The information here is summarised from the 15 July 2008 update, which became effective on 4 August 2008.

Offence

Penalty
Points

Maximum Penalty

Speeding

   

Exceeding speed limit

3 - 6

Level 3 E (Level 4 E if on a motorway)

RTA Section 172

   

Failing to give information of driver's identity

6

Level 3 E

Accident

   

Failing to stop/report road accident

5 - 10

Level 5 E and/or 6 months prison

Alcohol/Drugs

   

Excess alcohol (drive/attempt to drive)

 

Level 5 D and/or 6 months prison Note 1

Excess alcohol (in charge)

10

Level 4 E and/or 3 months prison Note 1

Fail to provide specimen for analysis (drive/attempt to drive)

 

Level 5 D and/or 6 months prison Note 1

Fail to provide specimen for analysis (in charge)

10

Level 4 E and/or 3 months prison Note 1

Unfit through drink or drugs (drive/attempt to drive)

 

Level 5 D and/or 6 months prison Note 1

Unfit through drink or drugs (in charge)

10

Level 4 E and/or 3 months prison Note 1

Failing to cooperate with preliminary (roadside) breath test

4

Level 3 E

Defects

   

Steering defective

3

Level 4, but for goods vehicles Level 5

Brakes defective

3

Level 4, but for goods vehicles Level 5

Tyres defective

3

Level 4, but for goods vehicles Level 5

Directions

   

Fail to comply with police constable directing traffic

3

Level 3

Fail to stop when required by police constable

-

Level 5 (mechanically propelled vehicle)
Level 3 (cycle)

Fail to comply with traffic sign (eg red traffic light, stop sign, double white lines, no entry sign)

3

Level 3

Fail to comply with traffic sign (eg give way sign, keep left sign, temporary signs)

-

Level 3

Disqualified

   

Driving whilst disqualified by court order

6

Level 5 E and/or 6 months prison

Documents

   

Fail to produce insurance certificate

-

Level 4

Fail to produce test certificate

-

Level 3

Fail to notify change of ownership to DVLA

-

Level 3

Driving

   

Death by careless or inconsiderate driving

 

Level 5 D and/or 6 months prison (summary trial) 5 years prison (on indictment) Note 1

Death by driving: unlicensed, disqualified or uninsured drivers

 

Level 5 D and/or 6 months prison (summary trial) 2 years prison (on indictment)

Dangerous driving

 

Level 5 D and/or 6 months prison Note 1

Careless driving (drive without due care and attention)

3 - 9

Level 5 E

No insurance

   

Insurance

6 - 8

Level 5 E

Licence offences

   

Driving otherwise than in accordance with licence

3 - 6

Level 3

Driving otherwise than in accordance with licence (where could be covered)

-

Level 3

Lights

   

Driving without lights

-

Level 3

Taken vehicles

   

Aggravated vehicle taking

 

Level 5 must disqualify at least 12 months and/or 6 months prison

Taking vehicle without consent

 

Level 5 may disqualify and/or 6 months prison

Carried in vehicle

 

Level 5 may disqualify and/or 6 months prison

Tax

   

No excise licence

-

Greater of Level 3 or 5 times annual duty

Test certificate

   

No test certificate

-

Level 3

  • D Must disqualify at least 12 months (unless special reasons) and endorse
  • E Must endorse (unless special reasons) and may disqualify

Note 1: Extended disqualification periods apply to some offences for repeat offenders.

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