TT99 Insurance Quotes - Totting Up Procedure (ban)
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A driving licence endorsement is classed as a conviction. The rehabilitation period for driving licence endorsements is a period of five years, after which they will be classed as 'spent'. You must declare all 'unspent' convictions to insurers when required to do so.
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Totting up Procedure - TT99 Endorsement - Disqualification
DVLA Endorsement Code: TT99
(remains on driving licence 4 years from date of conviction)
35 Disqualification for repeated offences.
- (1) Where—
- a person is convicted of an offence to which this subsection applies, and
- the penalty points to be taken into account on that occasion number twelve or more,
the court must order him to be disqualified for not less than the minimum period unless the court is satisfied, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of the conviction and thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.
Any driver who accumulates 12 or more penalty points within a three year period will face a driving disqualification. This process is commonly referred to as the 'totting-up procedure'.
Minimum period of driving disqualification
The minimum period of disqualification imposed under the totting up procedure is 6 months if the driver in question has not had any previous disqualifications imposed that need to be taken into account (see below).
Previous disqualifications within three years
Any previous disqualifications for a period of 56 days or more that were imposed within 3 years immediately preceding the commission of the latest offence (which results in a driver accumulating 12 or more penalty points) will be taken into account. The relevant date when determining if previous disqualifications will be taken into account will be the date of sentence that any previous disqualifications were imposed.
If a driver has one previous disqualification that needs to be taken into account the minimum period of disqualification imposed under the 'totting-up' procedure will be 1 year.
If a driver has two or more previous disqualifications that need to be taken into account the minimum period of disqualification imposed under the 'totting-up' procedure will be 2 years.
Avoidance or reduction in disqualification
The minimum period of disqualification imposed under the 'totting-up' procedure may be reduced or avoided altogether under certain circumstances. The grounds on which the normal minimum period of disqualification can be reduced or avoided are complex and the courts will consider all circumstances presented to them.
It is at the courts discretion whether or not they choose to reduce any minimum period of disqualification or choose not to disqualify. Even if a compelling case is put forward the courts may still choose to disqualify for the full minimum period.
Sentencing courts will NOT take into account any of the following:
- circumstances which are alleged to make the offence/s any less serious
- hardship, other than exceptional hardship
- any circumstances that have previously been taken into account to reduce or avoid a disqualification under the 'totting-up' procedure within the preceding 3 years
The most common circumstances put forward to a court in order to try and establish grounds for the court to reduce the period of disqualification or decide against imposing a driving disqualification altogether relate to exceptional hardship.
Admissible evidence must usually be produced to the sentencing court when trying to establish grounds to reduce or avoid disqualification.
Exceptional hardship as a result of a driving disqualification can be caused not only to the defendant but can relate to the defendant's family, employers and employees.
In the case of employers it may be that if the defendant is disqualified from driving he will no longer be able to work and as a result their business may suffer and possibly face bankruptcy.
In the case of employees it may be that the defendant employs people who would lose their jobs and suffer from exceptional hardship themselves as a result of the defendant being disqualified from driving.
Loss of employment and livelihood are not the only grounds that may constitute exceptional hardship. It may be that a child or other family member rely on the defendant driving in order to continue receiving life changing medical treatment.
It is advisable to consult a solicitor with experience in these matters for further guidance and advice on making a successful application to reduce or avoid the minimum period of disqualification under the 'totting-up' procedure.
- How long will a TT99 DVLA driving licence endorsement remain on my driving licence?
- I have nine points on my driving licence but three points will expire before I appear at court. Does this mean I will not have to face disqualification under the totting-up procedure?
- Will I still have active penalty points on my driving licence once I get it back after being disqualified under the totting-up procedure?
How long will a TT99 DVLA driving licence endorsement remain on my driving licence?
A TT99 driving licence endorsement will remain on your driving licence for a period of four years from the date of conviction.
I have nine points on my driving licence but three points will expire before I appear at court. Does this mean I will not have to face disqualification under the totting-up procedure?
The simple answer is NO. YOU WILL still be liable to face disqualification under the totting-up procedure as the courts will take into account the number of penalty points that were active at the time of the offence rather than at the time of prosecution.
Will I still have active penalty points on my driving licence once I get it back after being disqualified under the totting-up procedure?
No. Your driving licence should be returned to you with no penalty points and with a TT99 endorsement stating that you were disqualified under the totting-up procedure.