The Magistrates Court - Road Traffic Law

Return to Home

4. ENDORSEMENT

A) Road Traffic offences may conveniently be divided into two categories: -

(i) Endorsable

(ii) Non-endorsable

B) Many offences carry obligatory endorsement unless there are special reasons (post): e.g.

1. Speeding

2. No insurance

3. Defective tyres, brakes or steering and condition

4. Dangerous, careless or inconsiderate driving

5. Some traffic sign offences - Traffic Lights, Stop Sign, Double White Lines

6. Failing to stop and report accidents

7. Driving whilst disqualified

8. Pedestrian and School Crossing Offences

C) Some offences carry no endorsement:- e.g.

1. Parking

2. Lights

3. Obstruction

4. M.O.T. Certificate

5. Windscreen wipers/washers, horn, speedometer, indicators, etc.

i) In addition to ordering an endorsement, the court must order a number of penalty points unless the court orders the offender to be disqualified. Disqualification under the "totting-up" provisions (see later) has the effect of wiping the slate clean of penalty points. a person is convicted of two or more endorsable offences committed on the same occasion, penalty points are normally ordered in respect of one of those offences, that offence being the one attracting the highest number of points, unless there are exceptional circumstances.

ii) The number of penalty points accorded to each offence is set out in Schedule 7 of the Act. In respect of the majority of offences, there is prescribed a fixed number of points. However, in the case of some offences, there is not a single number but a range of penalty points. In these cases the court has a complete discretion as to the number of points to be accorded the offence within the prescribed range. Justices will undoubtedly have to have regard, in fixing penalty points in these cases, to factors such as the gravity of the offence, whether it was committed intentionally, inadvertently, or negligently, whether there were any aggravating or mitigating circumstances. In determining what order to make, the Court is entitled to take into consideration previous endorsements and penalty points endorsed on the driving licence.

iii) An endorsement will remain on the licence for the following periods:-

(a) For offences of driving under the influence, driving with excess alcohol (and attempts) and refusing a specimen where disqualification is obligatory -ELEVEN YEARS from conviction, regardless of any disqualification that would wipe the slate clean of points.

(b) For causing death by dangerous driving and for dangerous driving FOUR YEARS from conviction, regardless of any disqualification imposed then or later.

(c) For any other offence where a disqualification is imposed - FOUR YEARS from conviction.

(d) For any other offence where a disqualification is not imposed - FOUR YEARS from the date of the offence OR until a "totting-up" disqualification is imposed.

Next ->

The Place of the Magistrates Court

4. ENDORSEMENT