Miscellaneous Offences and Penalty Points

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.