Understanding Penalty Points and Driving Offences

If you are convicted of a driving offence at court, penalty points are added to your driving licence. This is ancillary (as well as) a fine or other punishment. Each type of offence has a special ‘endorsement code’, which is a combination of two letters and numbers that refer to the specific offence.

Motoring offences cover a broad range of wrongdoing, but there are two main categories that relate to the standard of driving: dangerous driving and careless or inconsiderate driving. Typically, the more serious the offence, the more penalty points will be added to your driver’s licence. Depending on the severity of the offence, courts will endorse your driving license with a number of penalty points, on a scale between 1-11. For example, exceeding the speed limit on a motorway could result in between 3-6 penalty points being endorsed on your license. Also, 3 points could be endorsed on your license for a minor speeding offence, whereas 6 points would suggest excessive speeding.

How do I get penalty points and what happens if I do?

You can gain penalty points on your driver’s licence if you have been convicted of a motoring offence. For some of the less serious offences, you will need to correspond with the court, and, possibly the DVLA, if you accept you have committed a road traffic offence. However, in more serious cases, or if you deny the offence, you may have to attend court.

Once a penalty has been notified, the fixed penalty office (FPO) will notify the DVLA about the endorsement so it can be added to your driving record. Penalty points are recorded electronically with the DVLA and can be viewed by insurance companies and car hire companies, so it is important to declare any penalty points you may have. You can check your points online.

If you fail to declare the number of penalty points on your license your insurance policy is highly likely to be invalid. In simple terms, they will not pay out if you make a claim. It is arguably a criminal offence (fraud) if you obtain an insurance policy without disclosing the correct number of penalty points on your driving license.

What happens if I get twelve points on my licence?

If you accumulate twelve or more penalty points within a period of 3 years, which is often referred to as ‘totting- up’ then you are almost certain to be disqualified from driving. You will receive a summons in the post which requires you to attend court. Depending on the severity of the offence, endorsements remain on your record between a minimum of 4 years, but are only active for 3 years, and up to a maximum of 11 years from the date of conviction.

Most endorsements on your driving license will automatically expire from your record once the period of the offence has passed.

If you are a new driver you need to be aware of the risks of accumulating penalty points. Under the Road Traffic (New Drivers) Act 1995. If you have had your driver’s licence for less than 2 years from the date you passed your test, your licence could be revoked if you collect 6 or more penalty points in the first two years of passing your driving test. Your status then returns to that of a learner driver. You therefore must apply for and then pass both the theory and practical driving test, again.

How can our criminal defence solicitors help?

It is not difficult for a motorist, particularly a frequent driver, to get points on their licence. Prosecution for another offence, which is going to put points over 12, is likely to lead to disqualification. However, the court doesn’t have to disqualify you.

Our criminal defence experts are experienced in persuading judges and magistrates that there’s no need to take our clients’ licences away when they become a ‘totter’. It’s important to be represented by a knowledgeable and specialist legal team who will fight for you. To speak to one of our legal experts, call 0330 822 3451 or request a callback. 

Co-author of this blog is Sadie Funnell, a Legal Assistant in our Criminal Defence Team. 

Examples of endorsements and penalty points