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This important piece of parliamentary legislation therefore means
that anyone accumulating 12 penalty points within a 3 year period
shall be subject to a potential minimum 6 month ban from driving.
If a person has been disqualified previously, the length of ban will
be increased.
The wording of the legislation makes clear that the 3 year period
refers to the date of incident, not the date of conviction. This can
cause much confusion amongst motorists. The simplest way to
explain this important distinction is by way of examples:
Example one
A driver receives a fixed
penalty of 3 penalty points for
using his mobile phone in
Januar y 2009. He then
receives 6 points for a
speeding offence in August
2011. In February 2012, he is
stopped by the police for using
his mobile telephone and is
subject to a fixed penalty of 3 penalty points. The driver is NOT
subject to a 6 month ban under totting-up procedures. By the time
of the final incident, more than 3 years have passed since the first
incident. Therefore, by the time of the final incident, the driver
only has 6 live points on his licence.