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Miscellaneous Offences and Penalty Points

By: Garry Crystal - Updated: 15 Jul 2018 | comments*Discuss
 
Miscellaneous Offences Driving Penalty

Aside from the well known driving offences there are many miscellaneous offences, which when committed will incur penalty points. Miscellaneous offences may be minor but points can add up to a driving disqualification.

An Overview of Miscellaneous Driving Offences

Miscellaneous offences are grouped together with an MS code. For instance, leaving a vehicle in a dangerous position would be shown as MS10 while motor racing on a highway would be a code MS50. If convicted of this offence the code will be present on part 2 of a driving licence. It should be noted that the penalty point amount for miscellaneous offences is a guideline and the courts do have discretion when applying penalty points, fines and prison sentences. Previous offences, driver history and mitigating circumstances will usually be taken into account when deciding on the amount of penalty points to be applied.

Length of Time Miscellaneous Offences will Stand on a Licence

The amount of time that the offence will stand for will also be detailed on the licence. The beginning of the amount of time the offence will be on the licence begins from the date of the offence. The Penalty Points for a miscellaneous offence will stand on a licence for four years. This will be four years from the date of the offence not the date when found guilty. Penalty points are effective from three years on a licence but will stay on a licence for four years.

Types of Miscellaneous Driving Offences

Miscellaneous offences come with a range of differing penalty points. These will include:

  • MS10 Leaving a vehicle in a dangerous position – 3 points
  • MS20 Unlawful pillion riding – 3 points
  • MS30 Play street offences – 2 points
  • MS50 Motor racing on a highway – 3 to 11 points
  • MS60 Offences not covered by other codes – points as appropriate
  • MS70 Driving with uncorrected defective eyesight – 3 points
  • MS80 Refusing to submit to an eye test – 3 points
  • MS90 Failure to give information of driver identity – 6 points

Miscellaneous Offences and Disqualifications

As with all penalty points applied to a licence, a disqualification can occur under the totting up system. This means that if twelve points or more occur due to driving offences within a three year period the driver is likely to be banned. The ban will be included on a licence under the code TT99. A driving disqualification is not compulsory although it is mandatory. There may be certain circumstances that can lead to a driver retaining his or her licence.

Circumstances That May Help to Avoid a Driving Disqualification

There may be some circumstances that a court will taken into account when deciding whether or not to apply a Driving Disqualification. Although judges do have guidelines that must be followed there will be some discretion available when deciding to ban a driver or not. Circumstances that can help to avoid a driving disqualification can include exceptional hardship. This must be a hardship that is beyond the hardship normally suffered by a disqualified driver. This could be loss of employment although this is not usually enough in itself to prove exceptional hardship.

Pleading Exceptional Hardship to Avoid a Driving Ban

The court will give the defendant the opportunity to plead exceptional hardship. The court will take into account the nature of the driving offence and the severity of the hardship caused by losing a driving licence. It will be up to the defendant to show that a driving ban will cause exceptional hardship and would be an exceptionally severe punishment. Proving exceptional hardship is not an easy task and the defendant will be required to convince the court. The defendant should remember that there is no actual legal definition of what can be construed as exceptional hardship.

Any driver who has been charged with a driving offence including miscellaneous offences should seek legal representation. Although the penalty points in themselves may not seem too serious, the court can use discretion to impose further points and fines depending on the severity of the offence. A solicitor will be able to assess the charge and decide on the best defence if this is possible. Solicitors will also be able to guide the defendant on the use of exceptional hardship if a driving ban looks likely.

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[Add a Comment]
Hi can anyone help me out I have just recently received a ms90 issuing 6 points problem is I have had my license 18 months and am on the brink of losing it now I was caught speeding 66 on a road in my transit that was beginning of feb I moved beginning of March and changed my address accordingly I have never received a letter but my company made them aware it was me driving what do I do can I get this overturned!? Please help
Rich - 15-Jul-18 @ 7:19 PM
Jinna - Your Question:
Hi! We just were caught by the police. so it was for a short journey, it was his first offence, but double or triple I think. so our car is a small one with 5 seats, we were 4 adults and 2 children, ours of 4 years was in a car seat, and ours friends doughter of 23months was on her moms knees. And police caught us, when we approached to ours friends house. My husband is a lorry driver, he has never had any points or convinction. the police told us that we will receive a letter for invitation in a court. what will happen next??? How to solve these?

Our Response:
If a court summons is issued, it will be for the judge to decide what penalty to issue. Your husband should be able to appear and state his case.
NoPenaltyPoints - 13-Mar-18 @ 2:58 PM
Hi! We just were caught by the police ... so it was for a short journey, it was his first offence, but double or triple i think... so our car is a small one with 5 seats, we were 4 adults and 2 children, ours of 4 years was in a car seat, and ours friends doughter of 23months was on her moms knees. And police caught us, when we approached to ours friends house. My husband is a lorry driver, he has never had any points or convinction... the police told us that we will receive a letter for invitation in a court... what will happen next??? How to solve these?
Jinna - 10-Mar-18 @ 11:46 PM
Mano - Your Question:
I'm accused to have failed to give information as to identity of driver etc (code MS90) in July, but I haven't done this as my car was parked at Heathrow airport at that time for nearly 4 weeks. I haven't got any letter about this offense either. Who can I report this to? Please help

Our Response:
Respond to whoever informed you of the MS90. Let them know that you have not received any prior communication and provide proof of your car being at Heathrow at the time of the incident (car park booking confirmation, flight details etc). Could someone else have used your car without your knowledge while it was supposed to be parked securely etc?
NoPenaltyPoints - 20-Dec-16 @ 10:36 AM
I'm accused to have failed to give information as to identity of driver etc (code MS90) in July, but I haven't done this as my car was parked at Heathrow airport at that time for nearly 4 weeks. I haven't got any letter about this offense either. Who can I report this to? Please help
Mano - 19-Dec-16 @ 7:18 AM
Becky1 - Your Question:
Hi,Need some help as the DVLA do not seem to be able to help neither does my consultant at the hospital!.I received a letter from the DVLA ' Progress update on our medical enquires' this states that they have written to my consultant, as I have submitted an application for my licence, as I voluntarily surrendered this. They then go onto mention about the section 88 Of the Road Traffic Act and states points.I was told to wait 6 month before I could drive, due to having a seizure which is up on the 23.12.2016. I am unable if I can drive before this?Can someone please help. Thank you

Our Response:
If you voluntarily surrendered your licence and your medical condition meant you had to take a specified amount of time off driving (e.g you were told to wait 6 months to ensure the stability of your condition), you must still complete that time off driving before you drive under Section 88 of The RTA. That means you can't drive until the 6 months is up.
NoPenaltyPoints - 9-Nov-16 @ 11:07 AM
Hi, Need some help as the DVLA do not seem to be able to help neither does my consultant at the hospital!. I received a letter from the DVLA ' Progress update on our medical enquires' this states that they have written to my consultant, as I have submitted an application for my licence, as I voluntarily surrendered this. They then go onto mention about the section 88 Of the Road Traffic Actand states points. I was told to wait 6 month before I could drive, due to having a seizure which is up on the 23.12.2016. I am unable if I can drive before this? Can someone please help. Thank you
Becky1 - 8-Nov-16 @ 10:57 AM
Having your seat lowered too low can reduce your visibility and yo will not be in full control of the car. Careless/dangerous driving.
Pac - 18-Aug-16 @ 2:02 PM
I have six points on my license for speeding will I still get my taxi badge .
Boosy - 22-Jun-16 @ 11:02 PM
Silverhoop - Your Question:
Hi,I recently had a seizure that the hospital decided was due to alcohol withdrawal. I told them that I had not been drinking for over 3 months but then drank over a 2 week period and had this seizure 8 days after coming off drink again.I reported it to the DVLA and have just received a letter telling me that I am now banned for 6 months.What should I do now? Never had anything like this before, never been banned before.Please help!

Our Response:
It's not a "ban" as such, but a temporary licence revocation based on a medical problem. See our guide Medical Conditions and Licence Revocation for more information.
NoPenaltyPoints - 9-May-16 @ 11:53 AM
Hi, I recently had a seizure that the hospital decided was due to alcohol withdrawal. I told them that I had not been drinking for over 3 months but then drank over a 2 week period and had this seizure 8 days after coming off drink again. I reported it to the DVLA and have just received a letter telling me that I am now banned for 6 months. What should I do now? Never had anything like this before, never been banned before. Please help!
Silverhoop - 6-May-16 @ 12:31 PM
My 17 yr son has accrued 9 points on his provisional riding a 125 motorbike. They are sall seemingly petty things which a few years ago would have got him a ticking off . Now it's £150 and 3 points . It looks like we are off to court again and this time for his break light being smashed which he didn't know had been done . He's an idiot but my question is : I don't know whether he will be able to take his driving test and if he does will it he be instantly disqualified ? Should he wait three years before taking his full licence . I'm utterly confused.
Sarah - 7-May-15 @ 1:11 AM
I got 3 points today and a ticket for having my seat too low how much of a joke is that!?!
Lois - 25-Jul-11 @ 9:06 PM
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