Exceptional Hardship

Road Traffic Offenders Act 1988 Section 35

Exceptional hardship caused by disqualification can be made out on the basis that the hardship attributable to that person is exceptional. This is governed by case law and a strong argument is that other people will suffer more than just the appellant.

Exceptional hardship applies where the court will add penalty points to a licence that is already overburdened. If 12 or more penalty points are attributable to a licence within a period of 3 years, then a person is subject to a disqualification of 6 months unless that person can show exceptional hardship.

exceptional hardship basically is hardship which will result to other persons who are dependent upon you.The Scottish Courts have been historically unsympathetic to the exceptional hardship argument that if you are the only one who is going to suffer that that is exceptional[.Although there has been a slight softening in this position]A more accepted form is that your dependents will suffer or your employees ,in the employees case that would normally be the loss of their employment.The onus is on you to prove that exceptional hardship exists.

How We Can Help

Here is a recent case where Exceptional Hardship was argued successfully: Exceptional Hardship – Glasgow JP Court.