Does losing my job count as exceptional hardship?

Job loss for the driver alone is generally not sufficient — courts treat personal financial hardship as ordinary hardship. Job loss for employees who depend on the driver running a business, or inability to care for a severely disabled dependant, is more likely to qualify.

Can I argue exceptional hardship if I have used it before?

Not if you have relied on it (or special reasons) within the preceding 3 years in the same court or any other court. The 3-year recycle bar under s.35(3) RTOA 1988 is absolute.

What happens if the court rejects my exceptional hardship argument?

The court must impose the statutory minimum disqualification: 6 months for a first totting ban, 12 months for a second within 3 years, and 2 years for a third within 3 years. The disqualification takes effect immediately from the date of the hearing.

Exceptional Hardship

By GetRighted Legal Research TeamLast updated July 2026

Summary

Twelve points in three years triggers mandatory disqualification of at least 6 months under s.35 Road Traffic Offenders Act 1988. The only escape route is persuading the court that disqualification would cause exceptional hardship to the driver or others. Ordinary hardship — losing income, inconvenience, difficulty getting to work — is not exceptional: Parliament expects a degree of hardship as a consequence of the penalty. To succeed, you must show that the hardship would be exceptional in degree: typically the impact on third parties such as employees, carers, or dependants who would suffer disproportionately.

The legal framework

Section 35(1) RTOA 1988 requires a court to disqualify a driver who has accumulated 12 or more points within 3 years, for a minimum of 6 months (or longer for repeat offenders). Section 35(4) provides the exceptional hardship escape: the court may not disqualify if it is satisfied that there are grounds for mitigating the normal consequences, which may include exceptional hardship. The driver bears the burden of proof on the balance of probabilities.

What courts accept as exceptional hardship

Successful arguments typically involve: employees who would lose their jobs and livelihoods if the employer lost their licence (particularly in transport or delivery businesses); carers for severely disabled family members with no alternative transport; sole traders in rural areas where the business would immediately fail. Courts require concrete, evidenced hardship — not vague assertions. The key is impact on others, not merely on the driver themselves.

The three-year recycle rule

Under s.35(3) RTOA 1988, a court may not take into account exceptional hardship if the driver has previously relied on it (or special reasons) to avoid disqualification within the preceding 3 years. This means the defence cannot be recycled repeatedly. If you used it successfully last time and are now back at 12 points within 3 years of that hearing, you must face the ban.

Building an exceptional hardship case

✓Identify who — other than you — will suffer and how specifically.
✓Gather evidence: employer letters, medical reports, financial accounts, witness statements.
✓Quantify the impact: jobs lost, number of employees affected, patients or dependants unable to receive care.
✓Confirm you have not relied on exceptional hardship within the preceding 3 years.
✓Instruct a road traffic solicitor — the hearing requires sworn evidence and cross-examination.

Alternative: reduced disqualification period

Even where exceptional hardship fully succeeds and the court decides not to disqualify, it retains discretion on what points to remove. Partial relief — a shorter disqualification rather than none — is also possible. Courts sometimes impose a short ban rather than the full 6-month minimum as a compromise, though this depends on the facts.

Sources

Road Traffic Offenders Act 1988, s.35
Road Traffic Offenders Act 1988, s.35(3)–(4)
Taylor v Rajan [1974] QB 424

Frequently Asked Questions

Does losing my job count as exceptional hardship?: Job loss for the driver alone is generally not sufficient — courts treat personal financial hardship as ordinary hardship. Job loss for employees who depend on the driver running a business, or inability to care for a severely disabled dependant, is more likely to qualify.
Can I argue exceptional hardship if I have used it before?: Not if you have relied on it (or special reasons) within the preceding 3 years in the same court or any other court. The 3-year recycle bar under s.35(3) RTOA 1988 is absolute.
What happens if the court rejects my exceptional hardship argument?: The court must impose the statutory minimum disqualification: 6 months for a first totting ban, 12 months for a second within 3 years, and 2 years for a third within 3 years. The disqualification takes effect immediately from the date of the hearing.

Got a ticket? Find out if you can win.

GetRighted checks your situation against all known defenses — free in under 2 minutes.

Check My Ticket