England and Wales · Road traffic
Which offense dates fall within the three-year penalty-points window?
Section 29(2) prevents aggregation where the offenses were committed more than three years apart. Offences exactly three years apart are not excluded by that rule. Use commission dates, not conviction or endorsement dates. Section 29(1)(b) also requires checking the effect of an intervening section 35 disqualification.
- Period
- Three-calendar-year lookback, with the exact boundary included
- Trigger
- The commission date of the latest offense being compared
- Rule
- Road Traffic Offenders Act 1988, section 29(1), (2)
Checked against the retained current official provision. This is a comparison of offence commission dates. Endorsement retention and conviction-based repeat-offence windows address different questions.
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Which offense dates fall within the three-year penalty-points window?
Section 29(2) prevents aggregation where the offenses were committed more than three years apart. Offences exactly three years apart are not excluded by that rule. Use commission dates, not conviction or endorsement dates. Section 29(1)(b) also requires checking the effect of an intervening section 35 disqualification.
Responsible actor. The sentencing court identifying points to be taken into account.
The commission date of the latest offense being compared
This is a comparison of offence commission dates. Endorsement retention and conviction-based repeat-offence windows address different questions.
Established offense commission dates and the applicable points history, including any intervening section 35 order.
Road Traffic Offenders Act 1988, section 29(1), (2)How does this provision count time?
- Compare offense dates. More than three years excludes aggregation under subsection (2); exactly three years does not.
- The three-year offence-date boundary is a historical comparison. Do not move it for weekends or holidays, because doing so would change which offences can be aggregated.
Compare offense dates. More than three years excludes aggregation under subsection (2); exactly three years does not.
The three-year offence-date boundary is a historical comparison. Do not move it for weekends or holidays, because doing so would change which offences can be aggregated.
Road Traffic Offenders Act 1988, section 29(1), (2)What do independently checked examples show?
Fictitious example
Fictitious established facts. The commission date of the latest offense being compared is October 13, 2026. The input is the latest offense commission date. The compared offense dates and points are known. Any intervening section 35 order is checked. The output is the included earliest comparison date, rather than a filing deadline. Established offense commission dates and the applicable points history, including any intervening section 35 order.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictitious established facts. The commission date of the latest offense being compared is October 13, 2026. The input is the latest offense commission date. The compared offense dates and points are known. Any intervening section 35 order is checked. The output is the included earliest comparison date, rather than a filing deadline. Established offense commission dates and the applicable points history, including any intervening section 35 order. Compare offense dates. More than three years excludes aggregation under subsection (2); exactly three years does not. The three-year offence-date boundary is a historical comparison. Do not move it for weekends or holidays, because doing so would change which offences can be aggregated. | Friday, October 13, 2023 |
| Example 2. Closed-day boundary | Fictitious established facts. The commission date of the latest offense being compared is December 18, 2026. The input is the latest offense commission date. The compared offense dates and points are known. Any intervening section 35 order is checked. The output is the included earliest comparison date, rather than a filing deadline. Established offense commission dates and the applicable points history, including any intervening section 35 order. Compare offense dates. More than three years excludes aggregation under subsection (2); exactly three years does not. The three-year offence-date boundary is a historical comparison. Do not move it for weekends or holidays, because doing so would change which offences can be aggregated. | Monday, December 18, 2023 |
| Example 3. Material procedural branch | Fictitious established facts. The commission date of the latest offense being compared is February 19, 2027. The input is the latest offense commission date. The compared offense dates and points are known. Any intervening section 35 order is checked. The output is the included earliest comparison date, rather than a filing deadline. The comparison includes an offence exactly three years earlier on the output boundary. Subsection (2) does not exclude it as more than three years apart. Established offense commission dates and the applicable points history, including any intervening section 35 order. Compare offense dates. More than three years excludes aggregation under subsection (2); exactly three years does not. The three-year offence-date boundary is a historical comparison. Do not move it for weekends or holidays, because doing so would change which offences can be aggregated. | Monday, February 19, 2024 |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Applicable procedure
- The input is the latest offense commission date.
- Actual event and period
- The compared offense dates and points are known.
- Material limitation
- Any intervening section 35 order is checked.
- Established offense commission dates and the applicable points history, including any intervening section 35 order.
- This is a comparison of offence commission dates. Endorsement retention and conviction-based repeat-offence windows address different questions.
What must the responsible actor complete?
Questions about this procedure
Which offense dates fall within the three-year penalty-points window?
Do conviction dates determine the three-year gap?
No. Section 29(2) compares the dates the offenses were committed.
Road Traffic Offenders Act 1988 section 29Are offenses exactly three years apart excluded?
No. The statutory exclusion concerns offenses committed more than three years apart.
Road Traffic Offenders Act 1988 section 29Does four-year endorsement retention change aggregation to four years?
No. Section 45A concerns endorsement effectiveness. Section 29 supplies the separate points aggregation rule.
Road Traffic Offenders Act 1988 section 29Can an earlier totting-up disqualification affect the points counted?
Yes. Section 29(1)(b) requires considering points dealt with when the offender was last disqualified under section 35.
Road Traffic Offenders Act 1988 section 29Does an in-window offense automatically prove twelve points?
No. Establish the actual points and every applicable statutory rule before applying section 35.
Road Traffic Offenders Act 1988 section 29Is this a deadline for paying a penalty?
No. It is a statutory comparison window used when identifying points to be taken into account.
Road Traffic Offenders Act 1988 section 29Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Road Traffic Offenders Act 1988, section 29(1), (2) | Check the identified procedure, event, counting rule or qualification |
| Road Traffic Offenders Act 1988 section 35 | Check the identified procedure, event, counting rule or qualification |
| Road Traffic Offenders Act 1988 section 45A | Check the identified procedure, event, counting rule or qualification |
| Road Traffic Offenders Act 1988 section 29 | Check the identified procedure, event, counting rule or qualification |