Receiving a Driving Ban

A driving ban - or disqualification - is normally issued after an individual contravenes the conditions of their driving licence or amasses a significant number of penalty points within a set period of time. This ban - or disqualification - can last anything from a year depending on the severity of the offences and the decision of the magistrate.

What is a Driving Ban?

A driving ban - as we have already mentioned - is the revoking of an individual's driving licence, making it illegal for them to drive without one. Likewise a driving ban means that a driver who has been disqualified from driving may not - for a period of time as laid down by the magistrate - drive any vehicle for any reason under any circumstances. Contravening this ban is a criminal offence and can lead to further prosecution including a custodial sentence should the magistrate consider the disqualified driver likely to reoffend.

Penalty Points

Penalty points - or Endorsements - are added to a driver's licence if he or she is caught breaking the law whilst in charge of a vehicle. It is worth mentioning at this juncture that you do not have to be in charge of your own vehicle for this to be the case.

Penalty points are awarded for any of the following:

• Speeding
• Driving under the influence of drink or drugs
• Failure to stop at the scene of an accident
• Driving without a licence
• Driving without due care and attention
• Driving a vehicle with defective brakes
• Making false statements about health whilst applying for a licence
• Using a hand-held mobile telephone whilst driving

Again this is not an exhaustive list, there are many other reasons as to why an individual may have points added to their licence, but these are among the most common.

Losing your Licence

If you reach the maximum number of penalty points that can be added to your licence - the law now states twelve although this is subject to change if recent changes to legislation are approved - then the likelihood is that you will have your licence revoked and you will receive a driving ban.

If you do lose your licence and are given a ban you will be required by law to appear before a magistrate at which time you will be given the opportunity to speak for yourself and allow legal representation to take place. Again there is no guarantee that having legal representation will result in escaping a ban but for peace of mind it is certainly best to have a solicitor present at any such hearing

How long do Penalty Points last?

Endorsements and their corresponding penalty points can remain on your licence for anything up to eleven years depending on the motoring offence that was committed in order for you to receive them. If you were arrested for driving whilst under the influence of alcohol or drugs or if you caused the death of another person because of reckless driving (either as a result of driving without due care or attention or being under the influence of alcohol or drugs) then these penalty points will remain on your licence for the full eleven years.

If the offence was pertaining to driving recklessly or driving whilst disqualified already then the points and endorsements must remain on your licence for up to four years.

It is possible after the third year - only offences not as serious as causing death by reckless driving or drink driving - to apply to the magistrate to have the endorsements and ban removed but it is at their discretion. If they feel there are sufficient grounds for continuing with the ban then they will keep it in place

Getting your Licence back

You can apply for your licence to be reinstated after the period of the ban has expired but only after you have taken your driving and theory tests again. If you are a new driver and your licence was revoked within the first two years then you will have to go through the process again of applying for your licence and taking all tests necessary to pass it.

It is worth noting also that as a result of being disqualified any future insurance policies you have will cost considerably more than before your ban as the insurance company will see you as being a higher risk