Thousands of drivers escape ban despite 12 penalty points

NEARLY 300 motorists in Scotland are still driving legally despite clocking up enough penalty points to be banned, figures published today show.

They number among almost 9,000 across Britain who have accumulated at least 12 points on their driving licences within three years, according to data from the Driver and Vehicle Licensing Agency (DVLA).

It said courts could exercise their discretion to allow drivers to retain their licences to avoid “exceptional hardship”.

The issue has split motoring groups, with some saying it made a mockery of the points system, while others backed the courts’ right to permit some drivers to keep their licences.

The figures show Glasgow had the highest number of such drivers – 93 – followed by 31 in Edinburgh and 11 in Dundee.

A far smaller proportion of such motorists in Scotland have held on to their licences than in England, with Glasgow placed only 24th among places with the highest percentages.

This is believed to be because of a tougher stance taken by Scottish courts.

The highest concentrations were in Blackpool and Oldham.

Penalty points remain on licences for either four or 11 years, depending on the severity of the offence. There are 44 million licence holders in Britain.

Neil Greig, policy and research director of the Institute of Advanced Motorists, said: “This undermines the whole penalty point system and gives the impression you might still get away with it if you speed. Courts should have a little leeway for individual circumstances, but these numbers are much higher than we would have expected.”

The Co-operative Motor Group, which requested the figures, called for the testing of drivers accumulating 12 points.

Co-operative Group managing director Tony Guest said: “It is concerning that motorists with so many points can legally be allowed to continue to drive.

“We would hope, at the very least, these drivers are having to undertake re-training to ensure they do not re-offend, but understand this is rarely the case.”

However, Automobile Association president Edmund King said: “Whilst the vast majority of drivers would be banned if they accumulate 12 penalty points, it is absolutely right and just that courts are able to use their discretion to decide whether or not to disqualify a driver.

“Some drivers in remoter parts of Scotland may be so dependent on their cars that the driving licence is a vital life-line for getting to work, shops or medical supplies.”

A DVLA spokesman said: “The courts are able to use discretion to decide whether or not to disqualify a driver.

“However, the statistics are likely to include drivers who have served their period of disqualification and successfully re-applied for driving licences.”

The DVLA said that in Scotland, sentencers determined each case on its merits and gave full consideration to the most appropriate way of dealing with it.