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Driver with 62 penalty points on licence still on the road, investigation discovers

Safety campaigners appalled as it emerges motorist is among 10,000 people still behind wheel despite passing legal threshold for a ban - in his case, several times over

Peter Walker
Thursday 23 February 2017 11:24 GMT
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'It's appalling that these risky repeat offenders are allowed to keep driving'
'It's appalling that these risky repeat offenders are allowed to keep driving' (Rex Features)

A driver with 62 penalty points on his licence is among thousands of repeat offending motorists still on the roads.

An investigation found 10,000 are still legally driving in Britain despite racking up more than 12 points, which is the threshold qualifying someone for a ban.

It is not known why the man in West Yorkshire, who boasts the highest tally, was allowed to continue driving.

There are also drivers who have racked up 51, 42 and 39 points.

David Nichols, of road safety charity Brake, said: “The penalty points system is supposed to be in place to protect the public from dangerous repeat offenders and it's appalling that these risky repeat offenders are allowed to keep driving.”

The Freedom of Information Requests, sent out by the BBC, found 203 people were still driving despite accumulating more than 18 points.

Greater London was the worst-offending county, with 1,385 people still on the roads despite surpassing the limit.

Drivers typically hitting the 12-point mark must attend court to face at least a six-month ban, but magistrates can choose otherwise if the offender shows losing their licence will cause “exceptional hardship”.

Points can be collected for something as arbitrary as failing to inform the DVLA of a change in address.

Losing a job is not enough to pass the “exceptional hardship” test, but legal experts say magistrates may decide not to ban an offender if it would cause bankruptcy or a mortgage default.

Sheena Jowett, deputy chairman of the Magistrates’ Association, the independent charity representing magistrates in England and Wales, said: “Magistrates take decisions under clear guidelines, impartially and on the merits of each individual case.

“Automatic disqualification can be avoided or reduced in cases of ‘exceptional hardship’.

“The process is a robust one and the concept of hardship must be proved to an exceptional level.”

Tim Williamson, a criminal and regulatory lawyer for firm Blake Morgan, said: “We have to bear in mind the ways in which people might have accumulated so many penalty points.

"If, for example, they drive the same route every day for a week and are not aware the cameras are operational, then a motorist could accumulate 30 points in a single week. I have seen this plenty of times. Motorists are understandably concerned about what they need to do next."

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