At least one third drivers in England and Wales have more than 12 penalty points on their driving license and had dodged the disqualification in July.
A Freedom of Information request reveals that over 7,000 of the 19,848 drivers having more than 12 penalty points on the driving licenses have escaped the ban. A third of motorist who’ve racked up 12 or more penalty points have dodged the system and escaped the ban.
A freedom of information request to the driver and vehicle licensing agency (DVLA) revealed that in July 2015, there were 19,848 drivers were charged with 12 or more points, of which, 7,078 have dodged the ban at the courts.
Current rules mean if a driver reaches 12 points or more over the time of a three-year, the court can ban them for a minimum of six months.
However, the figures show that a 35 percent of these drivers are let off the disqualification by the honourable courts. There were some who had accumulated more than 40 points on their license.
DVLA said that in small amount of cases, the agency understands that a court can exercise its authority and not disqualify the driver. In the majority of cases, Magistrates may have decided to allow drivers to retain their right to drive. Because the disqualification can cause an exceptional hardship.
An Example of exceptional hardship includes a person losing its job and the persons who unable to care their disabled or reliant loved ones, etc.
However, according to a motoring lawyer, letting drivers off a ban wasn’t a legal loophole but motorists must prove the evidence of disqualification that causes the hardship.
He further added that if the honourable court agrees not to disqualify the motorist, the penalty points still remain on the license. If the motorist again commits the same offense in the next, the court or law will not allow the motorist to put an application to avoid the disqualification on the basis of the same reasons as the last application.