Cycling UK call for end to loophole that allows drivers with 12 points to avoid ban

Does it matter if they do 'fix' this as they don't seem to be bothered with sentencing people properly when they are caught anyway if this story is anything to go by.

Drunk, driving 60 in a 30, smashed head on to another car on the wrong side of the road, only performed the manoeuvre because he was 'bored' waiting. Serious life changing injuries for his victims. Third time he has been convicted of drunk driving. All he gets is a 16 month suspended sentence  and can be driving again in 4 years time. And to top of off, he was so seriously disturbed about his actions that day that he gives the finger to the press outside the court where her walks free from. 

It seems remarkably easy to claim 'exceptional hardship' following a conviction for speeding or dangerous driving but almost impossible to claim the same for a drink driving conviction. It's almost like one is socially acceptable. 

In addition to my points below, my view is that there are two components to this.
The first is from a justice perspective and should be seen as punishment, variable due to frequency, severity, attitude, remorse etc. This would takes the form of fines, community service, or imprisonment.
The 2nd component is public risk assessment, and comes in the form of points and disqualification. This is purely about wider public safety, and not restorative justice, and so hardship etc has absolutely no relevance here - if someone needs s job, they still have to pass a test to drive - they can't claim "hardship" to the examiner if they make a major fault on their test...
Incompetent, aggressive, careless and dangerous drivers have no place on the roads, and it is as much for their own safety as mine that they are removed. It would be doing everyone, them as well as the wider public, a big favour.

Personally i belive these ridiculous loop holes should be closed full stop.  My view is you would be warned once.  Any offense after this warning you should get an automatic ban for 12 months, no ifs no buts.  When you get behind the wheel of a vehicle you should take responsibility. A motor vehicle can be the most dangerous thing you can legally own in this country and as such requires great care when using one.  We all make mistakes and should get one warning.  I got three points and a £60 fine for speeding about 20 years ago, this was before speed awarness courses came in.  I was devistated over this, as I had always taken great pride in my driving capabilites, but I broke the law and I was punished. The thing I learnt from this was to pay greater attention to my speed whilst driving.  Too many people are killed on the roads as we have read here on the road cc site and on other media platforms.

Full disclosure:

In 24 years of driving I've had two sets of three points on my licence, both for speeding (97 on a motorway, 65 in a 50). The points didn't change my driving behaviour. The only thing that genuinely had an affect on my behaviour was the risk of a mandatory ban that came with drink driving, so I very rarely had more than a pint of an evening if I was driving home (usually this was coming back from gigs/footie/clubs so if I had a pint early on it would be well gone by the time I was driving home.

I'm pretty lucky to have only had 6 points, because for the first 20 years or so of driving I treated the roads like a personal racetrack. Used to do stupid stuff like time my commute (Southampton to Reading) to see if I could beat it. Did Southampton to Nottingham when I was at Uni in 2 and half hours once at 4am. I routinely broke the speed limit on 40/50/60/70mph roads and had camera and radar detectors in the car. Fortunately, I didn't kill myself or anyone else. 

The point is, if there wasn't the points system, and I'd have risked even a 1 month ban for a speeding offence, I probably wouldn't have broken the speed limit so routinely for so many years. I got similar enjoyment out of driving to what I now get out of cycling, and the idea of not being able to drive was genuinely terrifying. 

The points system enabled my criminal and dangerous behaviour, it was a calculated risk on my part. 3 points didn't stop me speeding, but if I'd got to 9 it would have been a different matter. The ironic thing was I got my licence clean about a month before I picked up the second set of three points. Those are long expired, I don't speed now, and if I do ever get any more it will be by accident rather than a deliberate act.

I think the points limit should be dropped to 6. You get one "get out of jail free" card for a first offence, but that's it. 6 points and it's a 3 month ban. Oh and no expiry of points either. Get 9 points and it's a year's ban and a retest., that sort of thing.

I do think that this loophole will get closed, as it really should not be an option.

There are people, who through no fault of their own, lose their driving license and career due to health issues. It's an insult to them that persistent offenders, who only have themselves to blame, are granted an exception.

But it's worth noting that justice is not always evaded and it is possible to be banned for a single speeding incident. Like the top one here, 2 year ban for 68 in a 30mph... Although, there are also a few that went to court and got a lesser fine than the FPN!

https://www.walesonline.co.uk/news/wales-news/driver-who-clocked-68mph-a...

I almost don' care about the extreme cases as they aren't common - it's the 10k at 12 or 15 points that really bug me

By the by Mods - the format of the article makes it look (on my pooter at least) that the photo is of Kurt Sammon, whereas it is actually Lee Martin (RIP)

What this article doesn't mention there's someone on 68 points and still driving. Plus there are 46 with more than 30 points. How are people allowed to get away with this

https://www.thisismoney.co.uk/money/cars/article-9685045/There-46-motori...

The justice system should be asking the drivers if they were forced to violate the laws by texting while driving, speeding, etc, otherwise, they knew what they were doing was wrong and could jeopardise their future by doing it, but they didn’t care. So why should the justice system care about how the sentence will affect their lives?
Drivers should have it inbuilt in their heads that their license is a privilege not a right, and any breaking of the laws is risking that privilege.

Anyone with 12 points has been given enough warnings. Driving needs to stop being treated as a right, and more as a privilege. If you can't drive safely you shouldn't drive at all.

10,000 dangerous drivers that the law allows to continue their dangerous driving.  CUK is right and this absurd exemption for exceptional hardship is an abuse of the system.   The whole purpose of the points system is to give persistent bad drivers the chance to improve, but if they know that they can claim exceptional hardship and avoid losing their licence, there is no incentive to change their behaviour.  If you know you're going to lose your licence if you break the law again, but still do, you are an idiot who should never have had a licence in the first place.

The bonus of twelve points meaning an unavoidable ban is that some dodgy lawyers won't be earning quite so much.

Just came across this, where a Bentley driver keeps his licence so he can walk his dogs.  https://www.northamptonchron.co.uk/news/crime/bentley-owner-beats-drivin...