Cycling UK Forum

Does anybody believe that the possibility of avoiding a totting-up ban by pleading exceptional hardship doesn't weaken the deterrent effect, especially when some people seem convinced that a finding of "special reasons" not to disqualify is almost guaranteed?

I can believe those who could afford to make alternative arrangements for transport might be careless about the possibility, but I don't think that the average person either believes it's a dead cert, nor relishes an appearance before the Magistrates.

Bonefishblues wrote:But it's the probability of being caught, not the severity of the punishment that drives behavioural compliance.

He does get caught. With monotonous regularity, hence the copious points.

Bonefishblues wrote:But it's the probability of being caught, not the severity of the punishment that drives behavioural compliance.

Someone who already has points already has been caught! And to get close to 12 points, caught more than once. It seems that some always have points - as points expire, they gain more.

You both miss my point, I think.

This gentleman has indeed been caught multiple times doing something (although we don't know how he accrued his points, do we, unless I missed it?), but road enforcement is such that there's a widespread (and well-founded, according to many posters here) perception that one can continue to drive as one wishes almost with impunity.

"exceptional hardship" is suffered by those who are killed or crippled by criminal drivers

Bez wrote:I’m compelled to wonder what is the ulterior motive here.

A couple of weeks without free advertising?

Cyril Haearn wrote:"exceptional hardship" is suffered by those who are killed or crippled by criminal drivers

Indeed, for the latter in any event. But what we need is a better definition* in the particular context of this thread - if any - I know there is a significant school of thought which would wish for it to be an automatic ban, irrespective of circumstances or hardship caused.

*or better, and more consistent application, perhaps.

The system is there to be abused if one knows the ropes,it's similar to taxes avoidance,the "loopholes" are written in IMO.
Add to that a total lack of traffic policing and you have the current free for all witnessed daily on UK roads.

Re "exceptional hardship," this is a case of unintended consequences. When compulsory totting up bans were introduced, there were cases of magistrates not imposing the ban for what might be termed "hardship." eg Driver losing their job. In a futile attempt to tighten this up, the term "exceptional hardship" was introduced. Little changed: largely the same attitudes among magistrates, well-publicised cases of people with a shedful of points keeping their licence, and unnecessary deaths like the one in my most recent link. I have posted before about the difficulties of enforcing driving bans but I fancy their are few disqualified drivers regularly employed driving an HGV.

Cyril Haearn wrote:"exceptional hardship" is suffered by those who are killed or crippled by criminal drivers

A good point that deserves wider publicity.

In my book these poor drivers should just get the bus or use a bike - If they need a car (and will suffer hardship without it) then they should drive correctly so there's no danger of losing their licence! Simple as that.

fastpedaller wrote:In my book these poor drivers should just get the bus or use a bike - If they need a car (and will suffer hardship without it) then they should drive correctly so there's no danger of losing their licence! Simple as that.

Correct. If someone with 9 points feels their licence is vital then avoid speeding. Simple.

fastpedaller wrote:In my book these poor drivers should just get the bus or use a bike - If they need a car (and will suffer hardship without it) then they should drive correctly so there's no danger of losing their licence! Simple as that.

You got my vote.

fastpedaller wrote:In my book these poor drivers should just get the bus or use a bike - If they need a car (and will suffer hardship without it) then they should drive correctly so there's no danger of losing their licence! Simple as that.

And the drivers who accrue points for any one of 2 or 3 dozen reasons unrelated to poor driving, would they be treated in the same way?