England and Wales · Road traffic
How is the minimum totting-up driving ban determined?
Section 35 ordinarily requires disqualification when an applicable conviction brings the points taken into account to twelve or more. Its minimum is six months with no qualifying prior ban, one year with one, or two years with more than one. Mitigation can change the outcome on the statutory conditions. No single six-month expiry follows from twelve points alone.
- Period
- Six months, one year or two years as the applicable minimum, subject to statutory mitigation
- Trigger
- An applicable conviction with at least twelve points to be taken into account
- Rule
- Road Traffic Offenders Act 1988, section 35(1), (1A), (2), (2A), (4), (5)
Checked against the retained current official provision. The totting-up minimum depends on valid points and qualifying prior bans. Its exceptional-hardship restriction is separate from section 34 special reasons.
Source guide · No automated date
Check the applicable procedure
A conviction within section 35(1A), with valid points aggregation and the qualifying prior-order history established. The actual sentence determines whether and for how long disqualification is imposed.
Road Traffic Offenders Act 1988, section 35(1), (1A), (2), (2A), (4), (5)What lawyers say
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How is the minimum totting-up driving ban determined?
Section 35 ordinarily requires disqualification when an applicable conviction brings the points taken into account to twelve or more. Its minimum is six months with no qualifying prior ban, one year with one, or two years with more than one. Mitigation can change the outcome on the statutory conditions. No single six-month expiry follows from twelve points alone.
Responsible actor. The sentencing court applying the statutory totting-up rules.
An applicable conviction with at least twelve points to be taken into account
The totting-up minimum depends on valid points and qualifying prior bans. Its exceptional-hardship restriction is separate from section 34 special reasons.
A conviction within section 35(1A), with valid points aggregation and the qualifying prior-order history established.
Road Traffic Offenders Act 1988, section 35(1), (1A), (2), (2A), (4), (5)How does this provision count time?
- Prior-ban qualification uses the three years before the latest offense counted. The repeated-mitigation restriction instead uses three years before conviction.
- The minimum and mitigation decision determine the sentencing framework. Calendar closure rules cannot supply a fixed six-month expiry from the points total alone.
Prior-ban qualification uses the three years before the latest offense counted. The repeated-mitigation restriction instead uses three years before conviction.
The minimum and mitigation decision determine the sentencing framework. Calendar closure rules cannot supply a fixed six-month expiry from the points total alone.
Road Traffic Offenders Act 1988, section 35(1), (1A), (2), (2A), (4), (5)Which facts prevent one automatic date?
A conviction within section 35(1A), with valid points aggregation and the qualifying prior-order history established. The actual sentence determines whether and for how long disqualification is imposed.
Twelve or more points are properly counted with no qualifying prior ban. The ordinary minimum is six months, subject to the statutory judicial decision. Obtain the actual disqualification or reasoned mitigation outcome.
Two qualifying prior fixed bans fall within the offence-date lookback. Section 35(2) substitutes the two-year minimum where more than one qualifies. Do not publish the six-month default as the applicable minimum.
The proposed exceptional-hardship circumstances were successfully relied on within three years before this conviction. Section 35(4)(c) excludes the specified repeated circumstances. Check the actual previous decision and present grounds.
Which conditions and exceptions apply?
- Applicable procedure
- Section 35(1A) applies to the conviction.
- Actual event and period
- At least twelve points are properly taken into account.
- Material limitation
- Prior bans and any exceptional-hardship grounds are established.
- A conviction within section 35(1A), with valid points aggregation and the qualifying prior-order history established.
- The totting-up minimum depends on valid points and qualifying prior bans. Its exceptional-hardship restriction is separate from section 34 special reasons.
What must the responsible actor complete?
Questions about this procedure
How is the minimum totting-up driving ban determined?
Does twelve points always mean exactly six months?
No. Prior qualifying bans can raise the minimum, the court can impose longer, and statutory mitigation can support a different outcome.
Road Traffic Offenders Act 1988 section 35Which prior bans increase the minimum?
Section 35(2) concerns qualifying fixed bans of at least 56 days imposed in the three years before commission of the latest counted offense, subject to exclusions.
Road Traffic Offenders Act 1988 section 35Does an extension alone make a prior ban qualify?
Section 35(2A) excludes a ban that would otherwise have been shorter than 56 days.
Road Traffic Offenders Act 1988 section 35Is ordinary hardship enough?
Section 35(4)(b) excludes hardship other than exceptional hardship.
Road Traffic Offenders Act 1988 section 35Can a successful mitigation ground simply be reused?
Section 35(4)(c) excludes circumstances used to avoid or shorten a ban within the three years before the present conviction.
Road Traffic Offenders Act 1988 section 35Do offense dates or conviction dates govern points aggregation?
Section 29(2) compares commission dates. Conviction dates do not replace those dates.
Road Traffic Offenders Act 1988 section 35Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Road Traffic Offenders Act 1988, section 35(1), (1A), (2), (2A), (4), (5) | 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 |
| Road Traffic Offenders Act 1988 section 35 | Check the identified procedure, event, counting rule or qualification |