What Does Exceptional Mean? The Legal Test 

The courts have consistently held that the hardship must go beyond that ordinarily expected to follow from a driving ban. Because driving is widely regarded as a privilege rather than a right, the inevitable consequences of losing a licence, such as inconvenience, additional expense, or the need to use public transport, do not in themselves amount to exceptional hardship. 

Several cases have shaped how courts approach the test: 

Owen v Jones [1988] 

The Divisional Court confirmed that ordinary hardship is insufficient. The loss of a job, taken in isolation and without wider consequences, has been held not to automatically satisfy the test. The impact must ripple outwards, affecting family members, dependants, employees, or others who rely on the driver. 

Jones v Crown Prosecution Service 

Reinforced that the hardship must be demonstrated, not merely asserted. Courts expect evidence, not bare submission. 

DPP v Javadi [2013] EWHC 2252 (Admin) 

Confirmed that magistrates have a broad discretion and must consider all the circumstances. An appellate court will only interfere where the magistrates' decision was one no reasonable bench could have reached. 

Brennan v DPP [2015] 

Reiterated that hardship to third parties, particularly dependants and vulnerable family members who rely directly on the driver, can carry significant weight. 

The most persuasive applications are those which demonstrate hardship not just to the driver, but to others who depend on them in ways that a ban would directly and seriously affect. 

 What Grounds Can Be Used? 

Every exceptional hardship case is different, and the strength of any application depends on the specific facts and the quality of the evidence presented. Common grounds that courts have accepted include: 

Employment and livelihood 

Where driving is essential to the driver's work, not simply convenient, and where losing the licence would result in job loss with serious financial consequences extending to the family or to employees who depend on the business. 

Impact on dependants 

Where a family member, elderly relative, disabled partner, or child relies on the driver for essential transport, including medical appointments, school runs, or care, and where alternative arrangements are genuinely not available or would cause serious disruption. 

Medical and health grounds 

Where the driver or a person they care for has a medical condition that requires regular transport and where no reasonable alternative exists. 

Business consequences affecting third parties 

Where a ban would not merely inconvenience the driver but would threaten the viability of a business and thereby affect the livelihoods of employees or the welfare of those the business serves. 

Geographical isolation 

Where the driver lives in a rural area where public transport is inadequate or non-existent and where loss of the licence would create genuine hardship in meeting essential daily needs. 

What will not succeed is a submission that relies purely on inconvenience, the general difficulty of not being able to drive, or the loss of employment stated in bare terms without demonstrating the wider consequences. 

 How Does the Hearing Work? 

An exceptional hardship application is heard in the Magistrates' Court, usually on the same day as the sentencing hearing for the latest offence. The procedure can vary between courts, but typically involves the following: 

1. Notification

The court must be informed in advance that an exceptional hardship argument will be advanced. Failure to give proper notice can cause complications on the day. 

2. Evidence

The driver will usually be required to give evidence on oath. This means taking the witness stand, giving a statement, and being subject to cross-examination by the prosecutor. Supporting documents such as employment contracts, letters from employers or medical professionals, financial records, and evidence from family members should be prepared in advance and presented to the court. 

In some courts, the matter can be dealt with by written submissions and documentary evidence alone, without the driver giving oral evidence. We know the practice of the courts we appear in and will advise you on what to expect. 

3. Prosecution challenge

The Crown Prosecution Service or the prosecuting authority has the right to cross-examine the driver and to challenge the evidence. A well-prepared legal representative will anticipate those challenges and ensure you are ready for them. 

4. The bench's decision

The magistrates will retire and consider whether they are satisfied on the balance of probabilities that exceptional hardship has been established. If they are satisfied, they may either decline to disqualify or impose a shorter period than the statutory minimum. If they are not satisfied, the totting up ban will be imposed. 

There is no automatic right of appeal against a finding on exceptional hardship specifically, though the overall sentence can be appealed to the Crown Court in appropriate circumstances. 

 The Three-Year Restriction on Re-Use 

One of the most commonly misunderstood aspects of exceptional hardship is the restriction on repeating the same argument. Section 35(4) of the Road Traffic Offenders Act 1988 prevents a driver from relying on grounds that were previously used to avoid disqualification within the same three-year period. 

This does not mean that exceptional hardship can only ever be argued once. It means that if circumstances have genuinely changed, or if materially different grounds exist, a further application can be made. However, magistrates are aware of repeat applications and will scrutinise them carefully. The strength of evidence and quality of legal preparation becomes even more critical in those cases. 

 How We Can Help You 

At The Motoring Lawyers, we do not offer a one-size-fits-all approach to exceptional hardship. We take the time to understand your individual circumstances, identify the strongest available grounds, and build a properly evidenced case that gives you the best possible chance of keeping your licence. 

• Free initial consultation We will review your position, assess the points on your licence, and give you an honest appraisal of whether an exceptional hardship argument is available and how strong it is likely to be. 

• Evidence gathering and preparation We advise you precisely on what documentary evidence to obtain and help you present it effectively. The difference between a successful and unsuccessful application often comes down to preparation. 

• Court preparation We prepare you thoroughly for giving evidence. We explain the questions you are likely to be asked, the challenges a prosecutor may raise, and the best way to present your case clearly and credibly to the magistrates. 

• Expert advocacy We attend court with you and present your case with the depth and skill that exceptional hardship submissions require. We know the courts we appear in and how they approach these applications. 

• Fixed fees Our fees are agreed with you at the outset. There are no hidden costs and no surprises. 

 We act quickly. If your hearing is approaching, contact us now and we will move immediately to assess and prepare your case. 

 Can We Also Challenge the Points Themselves? 

In some cases, the better approach, or an additional approach alongside an exceptional hardship argument, is to challenge whether the points should have been imposed at all. This might arise where: 

• Points were wrongly recorded on the licence by the DVLA 

• There is a valid special reasons argument in relation to one or more of the underlying offences, which if accepted would mean no points are endorsed and the 12-point threshold is not reached 

• There is a genuine defence to the latest offence, which if successful would mean the totting up threshold is not met 

 We will consider all available options at the outset and advise you on the most effective strategy for your circumstances. 

Important: New Drivers 

If you passed your test within the last two years, the totting up rules do not apply to you in the same way. Under the Road Traffic (New Drivers) Act 1995, if a new driver accumulates six or more penalty points within two years of passing their test, their licence is automatically revoked by the DVLA. The exceptional hardship procedure in the Magistrates' Court is not available in that situation. 

If your licence is revoked as a new driver, you must apply for a provisional licence, re-sit your theory test, and pass a further practical driving test before you can drive again. If you are in this position, please contact us for specialist advice.