Points on your Driving License.

Penalty points, also known as endorsements, can be added to a driving record when a person is convicted of certain motoring offences or accepts a fixed penalty. The number of points depends on the offence and the circumstances.

Penalty points can affect insurance, employment, the ability to drive and, in serious cases, can lead to disqualification. Drivers should take endorsements seriously, particularly where they already have points on their licence.

How Long Do Penalty Points Stay on a Licence?

Most endorsements stay on a driving record for 4 years. More serious offences, such as drink-driving, drug-driving or causing death by careless driving while under the influence of drink or drugs, can stay on the record for 11 years.

The date from which the endorsement period runs depends on the offence. Some endorsements run from the date of the offence, while others run from the date of conviction. Drivers should check the specific endorsement code to understand the correct period.

Active Points and Totting Up

Although many endorsements remain visible on a driving record for 4 years, the points usually count for totting-up purposes for 3 years. This means they may remain on the record after they have stopped counting towards a totting-up disqualification.

If a driver builds up 12 or more penalty points within 3 years, they can be disqualified under the totting-up rules. The usual minimum disqualification is 6 months, but the exact outcome depends on the circumstances and whether the driver can argue exceptional hardship.

New Drivers

The rules for new drivers are stricter. If a driver receives 6 or more penalty points within 2 years of passing their first driving test, their licence will be revoked.

If that happens, the driver usually has to start again. They must apply for a new provisional licence and pass both the theory and practical driving tests again before they can regain a full driving licence.

Penalty points already on a provisional licence can also carry over to the full licence. If further points take the total to 6 or more within the first 2 years after passing, the licence can be revoked.

What Should You Do if You Receive an Endorsement?

If you receive penalty points, you should check your driving record online to confirm the endorsement code, the number of points, and the date the endorsement will be removed. Driving records are now held electronically, so endorsements are not usually added manually to a paper counterpart in the old way.

If a court deals with you, the court will notify DVLA of the endorsement. If the details shown on your driving record are incorrect, you should contact the court that convicted you.

You should also tell your motor insurer if required by your policy. Failing to disclose penalty points or motoring convictions when required can cause insurance problems.

Can Points Be Removed from a Licence?

Penalty points cannot usually be removed early simply because the driver wants a clean record. They remain on the driving record until the legal endorsement period expires.

Once the time limit has passed, the endorsement will no longer be valid. Drivers can check their driving record online to see when points are due to be removed. If a driver applies to renew or update their licence for another reason, expired endorsements should not remain active.

Common Endorsement Codes

Driving offences are recorded using endorsement codes. These codes identify the type of offence and the number of points that may be imposed.

For example, speeding offences usually fall under SP codes and normally carry between 3 and 6 penalty points. Failing to stop after an accident or failing to report an accident can carry between 5 and 10 points. Driving without insurance can carry between 6 and 8 points.

Accident Offences

Accident-related offences include failing to stop after an accident and failing to report an accident. These offences can be treated seriously, particularly where someone was injured, damage was caused, or the driver left the scene without providing details.

Code AC20 relates to failing to give particulars or report an accident within 24 hours and can carry between 5 and 10 penalty points.

Speeding Offences

Speeding offences commonly result in 3 to 6 penalty points, although some cases may lead to disqualification depending on the speed, road type, previous record and aggravating features.

Some lower-level speeding offences may be dealt with by a speed awareness course where the driver is eligible, but this is not guaranteed and depends on the circumstances and police policy.

Driving Without Insurance

Driving without valid insurance is a serious motoring offence. It usually carries 6 to 8 penalty points and can lead to a fine, vehicle seizure and increased insurance costs.

Because 6 points can revoke a new driver's licence, driving without insurance can have especially serious consequences for drivers within their first 2 years.

Careless and Dangerous Driving

Careless driving can cover a wide range of behaviour, from a momentary lapse to more serious poor driving. It can carry penalty points or, in more serious cases, disqualification.

Dangerous driving is more serious and can lead to a driving ban, a criminal record and, in some cases, imprisonment. Where an allegation involves serious injury or death, urgent legal advice should be obtained.

Fixed Penalties and Court Proceedings

Some motoring offences can be dealt with by a fixed penalty, which may involve points and a fine without a full court hearing. More serious offences, disputed allegations or cases involving possible disqualification may go to court.

Before accepting a fixed penalty, drivers should consider the impact on their points. Accepting points that take the total to 12 or more may lead to a court process and a possible totting-up disqualification.

Exceptional Hardship

If a driver reaches 12 or more points within 3 years, the court will usually consider a totting-up disqualification. In some cases, the driver may argue that a ban would cause exceptional hardship.

Exceptional hardship must usually be more than ordinary inconvenience. The court may consider the impact on employment, dependents, caring responsibilities, business, employees, or others who would suffer as a result of the ban. Evidence is important.

Checking Your Driving Record

Drivers can check their driving record online to see current endorsements, penalty points, disqualifications and licence details. This can be useful before applying for insurance, employment involving driving, or responding to a motoring allegation.

If a driver believes the record is wrong, they should raise the issue promptly. GOV.UK says incorrect endorsement details should usually be raised with the court that convicted the driver.

Contacting DVLA

If you have a question about your driving licence record, DVLA provides online contact routes and telephone support for driving licence enquiries. The commonly listed DVLA driving licence enquiries number is 0300 790 6801, but drivers should check GOV.UK for the latest contact details before calling.

When Legal Advice May Be Needed

Legal advice may be needed where a driver faces prosecution, possible disqualification, 12 or more points, new-driver revocation, allegations of careless or dangerous driving, failure to stop or report an accident, drink-driving, drug-driving or driving without insurance.

A motoring solicitor can advise on the evidence, likely penalty, possible defences, mitigation, exceptional hardship, fixed penalties, court procedure and the impact on employment or insurance.

Current Position

Penalty points usually stay on a driving record for either 4 or 11 years, depending on the offence. For most 4-year endorsements, points count towards totting up for 3 years. A driver who reaches 12 or more points within 3 years can face disqualification.

New drivers face stricter consequences. If they reach 6 or more points within 2 years of passing their first driving test, their licence will usually be revoked, and they will usually need to pass both parts of the driving test again.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. The information on this page is for general guidance only and should not be relied upon as a substitute for advice from a regulated solicitor. Motoring law, penalty levels and court procedure can change, and how the law applies will depend on the facts of each case.

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