The Magistrates Court - Road Traffic Law

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5. DISQUALIFICATION

A) Any offence which is endorsable carries the possibility of discretionary disqualification.

B) Some serious offences carry obligatory disqualification unless there are special reasons (post): e.g.

i) Causing death by dangerous driving

ii) Dangerous driving

iii) Driving whilst unfit

iv) Driving with excess alcohol

v) Failing to provide a specimen for a laboratory analysis.

With the exception of (i) where the minimum period is two years the minimum period of disqualification is for ONE YEAR. In cases (iii) - (v) the period rises to THREE YEARS if it is a second conviction within 10 years.

i) The persistent motoring offender is penalised by disqualification under the "totting-up" provisions. The obligation to disqualify under the totting-up provisions arises where a person is convicted of an offence involving either discretionary or obligatory disqualification where no disqualification is imposed and the penalty points to be taken into account number twelve or more. Disqualification must be ordered when twelve points have been accumulated unless there are grounds for mitigating this (see (iv)). The penalty points to be taken into account are not only those that were ordered to be endorsed on a previous occasion (unless the offender has subsequently been disqualified) but also any that on that occasion will be ordered to be endorsed except where an obligatory or discretionary disqualification is imposed.

Ii) In determining whether an offender is liable to a totting-up disqualification, points are added together for offences committed over a three year period. If any of the offences was committed more than three years before another, penalty points in respect of that offence cannot be added to those in respect of the other. The important point to note is that the qualifying date both for the earlier and current offences is the date of offence not the date of conviction.

Iii) The minimum period of disqualification to be imposed under the penalty points system will depend upon the number of occasions within the three years immediately preceding the commission of the latest offence upon which the offender was disqualified (for a fixed period of 56 days or more). The minimum period is:-

(a) Six months if there are no such previous disqualification's.

(b) Twelve months if there is one such previous disqualification.

(c) Two years if there are two or more such previous disqualification's. Any disqualification, whether under the penalty points system, the obligatory or discretionary provisions, counts towards increasing the minimum period of disqualification. Where an offender is convicted on the same occasion of more than one endorsable offence only one totting-up disqualification can be imposed but the court, in determining the period of disqualification, must take into account all of the offences. Where a defendant is liable for disqualification under the "totting-up" provisions the Court must disqualify under these provisions and is not able to consider discretionary disqualification.

iv) As with the previous totting-up provisions the court may, if satisfied having regard to all the circumstances that there are grounds for mitigating the normal consequences of the conviction, order the offender to be disqualified for a shorter period or not at all. In deciding whether to order a shorter period of disqualification or no disqualification at all, the court cannot take into account any of the following:- a) any circumstances that are alleged to make the offence or any of the offences not a serious one. This is because totting-up disqualification is aimed at punishing the offender not for a particular offence but for persistently committing offences. b) hardship other than exceptional hardship. Quite where one draws the line is difficult to say. Anyone who drives but who is disqualified will be caused some hardship. A person who drives for a living and who is disqualified may be caused exceptional hardship. c) circumstances previously taken into account during the three years prior to the conviction to mitigate the normal consequences of totting-up. This is a difficult provision to operate. An appropriate course of action may be to have the offender sworn and to ask him whether he has during the previous three years put forward similar mitigation to avoid being disqualified.

A court may order a defendant convicted of an endorsable offence to be disqualified until he has passed a driving test, whether or not he has previously passed such a test. This is not intended to be a punitive measure but should be used in respect of people who are growing old or infirm, or show some incompetence in the offence which requires looking into. The court is obliged on convicting a defendant of certain offences, e.g. dangerous driving, to disqualify until an extended driving test is passed.

Any disqualification imposed takes effect forthwith and cannot be made to run consecutively to any other period of disqualification.

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5. DISQUALIFICATION