Penalty points, totting up and driving bans (England & Wales)
Most driving offences carry penalty points. Reach 12 points within 3 years and the court must normally ban you for at least 6 months, and new drivers lose their licence at 6 points within 2 years of passing. Here is how the rules work.
Add up your points and check your totting-up and new driver risk.
Open the points calculator →How long points stay on your licence
Most endorsements stay on your driving record for 4 years from the date of the offence (or from conviction, for some serious offences and where you were banned). Drink and drug driving endorsements stay for 11 years from conviction. For totting up, points only count for 3 years.
Totting up: 12 points in 3 years
If you reach 12 or more points from offences committed within 3 years of each other, the court must ban you for at least 6 months. The minimum rises to 1 year if you had one ban of 56 days or more in the 3 years before the latest offence, and 2 years if you had more than one.
New drivers: 6 points in 2 years
Under the Road Traffic (New Drivers) Act 1995, your licence is revoked if you get 6 or more points within 2 years of passing your first practical test. Unexpired points from a provisional licence count. You must apply for a new provisional licence and pass both the theory and practical tests again. This is not a court ban, so exceptional hardship doesn't apply.
Exceptional hardship
A court can shorten or avoid a totting-up ban only if a ban would cause exceptional hardship, not ordinary inconvenience. It can't consider arguments that the offence wasn't serious, or anything already used to avoid a ban in the last 3 years. Hardship to other people, such as family members, employees or people you care for, often carries more weight. Evidence is usually needed.
Drink-drive limits
| Breath | 35 micrograms of alcohol per 100ml |
|---|---|
| Blood | 80 milligrams per 100ml |
| Urine | 107 milligrams per 100ml |
Limits in England and Wales (also Northern Ireland). Scotland is lower: 22 breath, 50 blood, 67 urine. A Department for Transport consultation (7 January to 11 May 2026) sought views on lowering the England and Wales limits to the Scottish levels, possibly with lower limits for novice drivers. As at 25 September 2026 the government was analysing responses; no change has been made and the limits above remain in force.
Drink-driving bans
Driving or attempting to drive over the limit, or failing to provide a specimen, carries up to 6 months in prison, an unlimited fine and a ban of at least 12 months (at least 3 years for a second drink or drug driving conviction within 10 years). Being in charge of a vehicle while over the limit carries up to 3 months in prison and 10 points or a ban. Courts can offer a drink-drive rehabilitation course that shortens a ban of 12 months or more, and high-risk offenders must pass a medical before getting their licence back.
Fixed penalties and speed awareness courses
The usual fixed penalty for speeding is £100 and 3 points. Police may offer a speed awareness course instead if you haven't done one in the last 3 years; completing it avoids the fine and points. You can refuse a fixed penalty and go to court, where the maximum fine for speeding is £1,000 (£2,500 on a motorway).
Speeding: the magistrates' court bands
When a speeding case goes to court in England and Wales, the Sentencing Council guideline puts it in a band based on the speed limit and your recorded speed.
| Speed limit (mph) | Band A | Band B | Band C |
|---|---|---|---|
| 20 | 21–30 | 31–40 | 41 and above |
| 30 | 31–40 | 41–50 | 51 and above |
| 40 | 41–55 | 56–65 | 66 and above |
| 50 | 51–65 | 66–75 | 76 and above |
| 60 | 61–80 | 81–90 | 91 and above |
| 70 | 71–90 | 91–100 | 101 and above |
| Fine | Band A fine: 25–75% of relevant weekly income (starting point 50%) | Band B fine: 75–125% of relevant weekly income (starting point 100%) | Band C fine: 125–175% of relevant weekly income (starting point 150%) |
| Points or ban | 3 points | Disqualify 7–28 days OR 4–6 points | Disqualify 7–56 days OR 6 points |
Common endorsement codes and points
| Code | Offence | Points | Ban |
|---|---|---|---|
| SP30 | Exceeding statutory speed limit on a public road | 3-6 | discretionary |
| SP50 | Exceeding speed limit on a motorway | 3-6 | discretionary |
| SP10 | Exceeding goods vehicle speed limits | 3-6 | discretionary |
| SP20 | Exceeding speed limit for type of vehicle (excluding goods or passenger vehicles) | 3-6 | discretionary |
| CU80 | Breach of requirements as to control of the vehicle, such as using a mobile phone | 3-6 | discretionary |
| CU10 | Using a vehicle with defective brakes | 3 | discretionary |
| CU20 | Causing or likely to cause danger by use of unsuitable vehicle or vehicle/parts in dangerous condition | 3 | discretionary |
| CU30 | Using a vehicle with defective tyre(s) | 3 | discretionary |
| IN10 | Using a vehicle uninsured against third party risks | 6-8 | discretionary |
| DR10 | Driving or attempting to drive with alcohol level above limit | 3-11 | obligatory: minimum 12 months (3 years if a relevant drink/drug-driving conviction in previous 10 years) |
| DR20 | Driving or attempting to drive while unfit through drink | 3-11 | obligatory: minimum 12 months (3 years if repeat within 10 years) |
| DR30 | Driving or attempting to drive then failing to supply a specimen for analysis | 3-11 | obligatory: minimum 12 months (3 years if repeat within 10 years) |
| DR40 | In charge of a vehicle while alcohol level above limit | 10 | discretionary |
| DR50 | In charge of a vehicle while unfit through drink | 10 | discretionary |
| DR60 | Failure to provide a specimen for analysis in circumstances other than driving or attempting to drive | 10 | discretionary |
| DR70 | Failing to co-operate with a preliminary (roadside) test | 4 | discretionary |
| DG10 | Driving or attempting to drive with drug level above the specified limit | 3-11 | obligatory: minimum 12 months (3 years if repeat within 10 years) |
| DR80 | Driving or attempting to drive when unfit through drugs | 3-11 | obligatory: minimum 12 months (3 years if repeat within 10 years) |
| DG40 | In charge of a vehicle while drug level above specified limit | 10 | discretionary |
| DD40 | Dangerous driving | 3-11 | obligatory: minimum 12 months, plus compulsory extended retest |
| DD10 | Causing serious injury by dangerous driving | 3-11 | obligatory: minimum 2 years, plus compulsory extended retest |
| DD80 | Causing death by dangerous driving | 3-11 | obligatory: minimum 5 years, plus compulsory extended retest |
| CD10 | Driving without due care and attention | 3-9 | discretionary |
| CD20 | Driving without reasonable consideration for other road users | 3-9 | discretionary |
| CD30 | Driving without due care and attention or without reasonable consideration for other road users | 3-9 | discretionary |
| CD80 | Causing death by careless, or inconsiderate, driving | 3-11 | obligatory: minimum 12 months |
| AC10 | Failing to stop after an accident | 5-10 | discretionary |
| AC20 | Failing to give particulars or report an accident within 24 hours | 5-10 | discretionary |
| BA10 | Driving while disqualified by order of court | 6 | discretionary |
| LC20 | Driving otherwise than in accordance with a licence | 3-6 | discretionary |
| MS90 | Failure to give information as to identity of driver | 6 | discretionary |
| TS10 | Failing to comply with traffic light signals | 3 | discretionary |
| TS20 | Failing to comply with double white lines | 3 | discretionary |
| TS50 | Failing to comply with traffic sign (excluding stop signs, traffic lights or double white lines) | 3 | discretionary |
| PC10 | Undefined contravention of pedestrian crossing regulations | 3 | discretionary |
| MW10 | Contravention of special roads (motorway) regulations, excluding speed limits | 3 | discretionary |
| UT50 | Aggravated taking of a vehicle | 3-11 | obligatory: minimum 12 months |
Common questions
What is a Notice of Intended Prosecution?
A Notice of Intended Prosecution (NIP) is a warning that you may be prosecuted for certain offences, such as speeding, careless or dangerous driving, or running a red light. Under section 1 of the Road Traffic Offenders Act 1988, it must be given at the time of the offence or sent to the registered keeper within 14 days. Otherwise, a prosecution for those offences usually cannot go ahead. There are exceptions, including where an accident happened that the driver knew about, or where the keeper's details could not be found in time.
Do I have to tell the police who was driving?
Yes. This is a real legal duty. Under section 172 of the Road Traffic Act 1988, the registered keeper, and anyone else asked, must give information identifying the driver when required by police, usually within 28 days of the notice. Failing to do so is an offence carrying six penalty points and a fine of up to £1,000, often more than the original offence. It is a defence to show you did not know and could not, with reasonable diligence, have found out who was driving. Naming someone falsely is a serious crime.
What happens if I am caught speeding?
The minimum penalty for speeding is a £100 fixed penalty and three points on your licence. You may instead be offered a speed awareness course if the police think it is appropriate and you have not done one in the past three years. The course has a fee but no points. If you reject the fixed penalty, or the speed was very high, the case goes to court. There the fine is based on your weekly income, up to £1,000, or £2,500 on a motorway, with three to six points or a ban.
How long do penalty points stay on my licence?
Most endorsements stay on your driving record for four years, counted from the date of the offence or, for some offences and where you were banned, from conviction. Drink and drug driving endorsements stay for eleven years from conviction. For totting-up, points count if the offences were committed within three years of each other. Insurers and employers may ask about endorsements while they remain on your record. You can check your points and removal dates free using the View Driving Licence service on GOV.UK.
How many points before I get banned from driving?
If you reach 12 or more penalty points within three years, the court must normally disqualify you for at least six months under the totting-up rules in section 35 of the Road Traffic Offenders Act 1988. The minimum rises to one year if you have had one ban of 56 days or more in the previous three years, and two years if you have had two or more. Totting-up cases are always dealt with in court, not by fixed penalty. The court can decide not to ban you, or ban you for less, only if you prove exceptional hardship.
Can I avoid a driving ban for exceptional hardship or special reasons?
Exceptional hardship applies only to totting-up bans. You must prove that a ban would cause hardship well beyond the normal inconvenience, usually to other people, such as employees losing their jobs or a dependent relative losing essential care. You cannot rely on the same hardship again within three years. Special reasons are different: they relate to the circumstances of the offence, not the offender, such as a spiked drink or driving a very short distance in a genuine emergency. If accepted, the court can decide not to endorse or ban. Specialist legal advice is recommended.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- GOV.UK: Endorsement codes and penalty points
- GOV.UK: Penalty points (endorsements): new drivers
- Road Traffic Offenders Act 1988, section 34 (disqualification)
- Road Traffic Offenders Act 1988, section 35 (totting up)
- Road Traffic Offenders Act 1988, section 45A (effect of endorsement)
- Sentencing Council: Speeding (Revised 2017) guideline
- Sentencing Council: Fine bands
- GOV.UK: Speeding penalties
- GOV.UK: Using mobile phones when driving: the law
- GOV.UK: The drink drive limit
- GOV.UK: Drink-driving penalties
- DfT consultation: Proposed changes to penalties for motoring offences (7 January to 11 May 2026)