Exceptional Hardship Scotland

As experts in our field we are often asked to provide comment on road traffic matters by the press. Whilst in Court awaiting a Trial for dangerous driving to commence in Dumfries, our Mr Simpson was contacted by the Press and Journal to advise on Exceptional Hardship. 

Exceptional hardship arguments - if successful - allow drivers to continue driving with more than twelve penalty points on their driving licence.

Our Mr Simpson said:

"This is covered by Section 35 of the Road Traffic Act."

"That allows drivers who have accumulated 12 or more points in three years to stay on the road if they can demonstrate exceptional hardship if they were to lose their licence."

These hardships include things such as employment status where an individual relies on a driver’s licence to complete their job. As well as this, a person’s residence may effect the decision to allow a motorist to continue driving.

"In places like Aberdeen another question would be where someone lives and whether there are buses close by".

"In Scotland it is a lot harder to prove exceptional hardship.

"In England you have people like Freddie Flintoff and footballers saying they need their licence to go to a charity event, in Scotland they would say just get a taxi.

"The assessment of exceptional hardship is on a balance of probabilities."

Read the full article at pressandjournal.co.uk