Road Traffic Offenders Act 1988, section 35

Disqualification for repeated offences

Part II Sentence

(1)Where—

(a)a person is convicted of an offence [F203to which this subsection appliesF203] , and

(b)the penalty points to be taken into account on that occasion number twelve or more,

the court must order him to be disqualified for not less than the minimum period unless the court is satisfied, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of the conviction and thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.

[F204 (1A)Subsection (1) above applies to—

(a)an offence involving discretionary disqualification and obligatory endorsement, and

(b)an offence involving obligatory disqualification in respect of which no order is made under section 34 of this Act.F204]

(2)The minimum period referred to in subsection (1) above is—

(a)six months if no previous disqualification imposed on the offender is to be taken into account, and

(b)one year if one, and two years if more than one, such disqualification is to be taken into account;

and a previous disqualification imposed on an offender is [F205, subject to subsection (2A),F205] to be taken into account if it [F206was for a fixed period of 56 days or more and was imposedF206] within the three years immediately preceding the commission of the latest offence in respect of which penalty points are taken into account under section 29 of this Act.

[F207 (2A)A previous disqualification imposed on an offender for a fixed period is not to be taken into account for the purposes of subsection (2) if that period would have been less than 56 days but for an extension period added pursuant to—

(a)section 35A or 35C,

(b)section 248D of the Criminal Procedure (Scotland) Act 1995, or

(c)section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 [F208 or section 166 of the Sentencing CodeF208] .F207]

(3)Where an offender is convicted on the same occasion of more than one offence [F209to which subsection (1) above appliesF209] —

(a)not more than one disqualification shall be imposed on him under subsection (1) above,

(b)in determining the period of the disqualification the court must take into account all the offences, and

(c)for the purposes of any appeal any disqualification imposed under subsection (1) above shall be treated as an order made on the conviction of each of the offences.

(4)No account is to be taken under subsection (1) above of any of the following circumstances—

(a)any circumstances that are alleged to make the offence or any of the offences not a serious one,

(b)hardship, other than exceptional hardship, or

(c)any circumstances which, within the three years immediately preceding the conviction, have been taken into account under that subsection in ordering the offender to be disqualified for a shorter period or not ordering him to be disqualified.

(5)References in this section to disqualification do not include a disqualification imposed under section 26 of this Act or [F210section 147 of the Powers of Criminal Courts (Sentencing) Act 2000F210][F211 or section 164 of the Sentencing CodeF211][F212 or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975 (offences committed by using vehicles) or a disqualification imposed in respect of an offence of stealing a motor vehicle, an offence under section 12 or 25 of the Theft Act 1968, an offence under section 178 of the Road Traffic Act 1988, or an attempt to commit such an offenceF212] .

[F213 (5A)The preceding provisions of this section shall apply in relation to a conviction of an offence committed by aiding, abetting, counselling, procuring, or inciting to the commission of, an offence involving obligatory disqualification as if the offence were an offence involving discretionary disqualification.F213]

(6)In relation to Scotland, references in this section to the court include the [F214justice of the peace courtF214] .

(7)This section is subject to section 48 of this Act.

Definitions used in section 35 2

disqualified

“disqualified” means disqualified for holding or obtaining a licence and “disqualification” is to be construed accordingly,

Defined in s.98(1) · see it in the full Act
disqualification

“disqualified” means disqualified for holding or obtaining a licence and “disqualification” is to be construed accordingly,

Defined in s.98(1) · see it in the full Act

Cases considering section 35 11

Pluckrose v Snaresbrook Crown Court

[2009] EWHC 1506 (Admin) · 9 June 2009Limits

Section 35 provides the statutory framework for obligatory disqualification where 12 or more penalty points must be taken into account. The court used that framework to explain the ordinary consequence of the conviction. Section 35(1) permits a shorter disqualification or no disqualification where, having regard to all the circumstances, there are grounds mitigating the normal consequences of the conviction. The Crown Court accepted exceptional-hardship circumstances within that statutory scheme. Section 35(4)(b) excludes ordinary hardship from consideration and permits hardship to be considered only where it is exceptional. The judgment records this statutory limitation as the basis on which the claimant’s mitigation was assessed (see paras [8], [18]).

Miller v Director of Public Prosecutions

[2004] EWHC 595 (Admin) · 25 March 2004Limits

The court interpreted the provision as permitting consideration of unreasonable delay among all the circumstances relevant to mitigating the normal consequences of a totting-up conviction. It therefore substituted five months’ disqualification for the 12-month period imposed. (see paras [27]-[29]) The court recognised the statutory restriction excluding specified matters, including hardship other than exceptional hardship, from consideration under the totting-up discretion. The restriction did not prevent unreasonable delay being taken into account on the facts. (see para [27])

R v Jonathan Shaun Sumner

[2025] EWCA Crim 730 · 15 April 2025

The Court treated the release provisions as determining the extension period added to a discretionary disqualification, following the cited authority (see para [20]).

What each judgment says about section 35 is in the case-law panel in the full Act.

Amendments and notes

14 notes from legislation.gov.uk

Amendments

  1. F203Words in s. 35(1)(a) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 95(2); S.I. 1992/1286, art. 2, Sch. (with art. 6(5))
  2. F204S. 35(1A) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 95(3); S.I. 1992/1286, art. 2, Sch. (with art. 6(5))
  3. F205Words in s. 35(2) inserted (16.7.2018) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 90(6)(a) (with s. 180); S.I. 2018/733, art. 2(c)
  4. F206Words in s. 35(2) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 95(4); S.I. 1992/1286, art. 2, Sch. (with art. 6(5))
  5. F207S. 35(2A) inserted (16.7.2018) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 90(6)(b) (with s. 180); S.I. 2018/733, art. 2(c)
  6. F208Words in s. 35(2A)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 101(2) (with Sch. 27); S.I. 2020/1236, reg. 2
  7. F209Words in s. 35(3) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 95(5); S.I. 1992/1286, art. 2, Sch. (with art. 6(5))
  8. F210Words in s. 35(5) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 122
  9. F211Words in s. 35(5) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 101(3) (with Sch. 27); S.I. 2020/1236, reg. 2
  10. F212Words in s. 35(5) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 95(6); S.I. 1992/1286, art. 2, Sch. (with art. 6(5))
  11. F213S. 35(5A) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 95(7); S.I. 1992/1286, art. 2, Sch. (with art. 6(5))
  12. F214Words in s. 35(6) substituted (S.) (10.3.2008 for specified purposes, 2.6.2008 for specified purposes, 8.12.2008 for specified purposes, 23.2.2009 for specified purposes, 14.12.2009 for specified purposes, 22.2.2010 in so far as not already in force) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), s. 84(1), sch. para. 7(d); S.S.I. 2008/42, art. 3, sch.; S.S.I. 2008/192, art. 3, sch.; S.S.I. 2008/329, art. 3, sch.; S.S.I. 2008/362, art. 3, sch.; S.S.I. 2009/432, art. 3, sch. 1, sch. 2

Modifications

  1. C51S. 35: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2, Sch. (with art. 6(5))).
  2. C52S. 35(5A) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 15(c) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)