Discretionary Driving Bans

Section 34 - Road Traffic Act

Whenever the Magistrates have a power to put penalty points on your licence (in relation to any endorsable offence) if they feel it is a serious offence they can impose a discretionary disqualification instead of points.

The most common offences for which the Magistrates impose discretionary bans are speeding offences and driving without due care and attention.

In relation to speeding allegations the Magistrates are likely to impose a discretionary ban if your speed is in excess of their guidelines for that particular speed limit. (See the Magistrates' Association Guidelines).

There is a common misunderstanding that if you are doing more than 100mph in a 70mph limit, you will be made liable to an automatic ban. This is not the case. It is always in the Magistrates discretion as to whether or not a ban is an appropriate way to deal with the matter.

There is no set period for a discretionary ban. The power to impose a discretionary ban is under Section 34 of the Road Traffic Offenders Act and the Magistrates can impose a ban for whatever period they feel is appropriate in the circumstances.

Having said that, the Magistrates' Association Guidelines suggest that a discretionary speeding ban is normally for a period not exceeding 56 days.

If the Magistrates impose a discretionary ban, then you do not get the points as well. It is either one or the other.