Motoring Offences
Major Traffic Offences
Any of the offences listed in the Table A, or any offence listed in Table B which resulted in a licence being endorsed with 6 or more penalty points is deemed to be a Major Traffic Offence
An application will normally be refused where an applicant has been convicted of a major traffic offence less than 2 years prior to the date of the application.
Where an applicant has more than one conviction for a major traffic offence in the 5 years prior to the date of application, it will normally be refused.
If any conviction for a major traffic offence has resulted in a disqualification by the courts, applicants should refer to the "disqualification" section below.
Table A - Major Traffic Offences
| AC10: | Failing to stop after an accident |
| AC20: | Failing to give particulars or to report an accident within 24 hours |
| AC30: | Undefined accident offences |
| BA10: | Driving while disqualified by order of Court |
| BA30: | Attempting to drive while disqualified by order of Court |
| CD10 | Driving without due care and attention |
| CD20: | Driving without reasonable consideration for other road users |
| CD30: | Driving without due care and attention or without reasonable consideration for other road Users |
| CD40 | Causing death through careless driving when unfit through drink |
| CD50 | Causing death by careless driving when unfit through drugs |
| CD60 | Causing death by careless driving with alcohol level above the limit |
| CD70 | Causing death by careless driving then failing to supply a specimen for |
| CD80 | Causing death by careless, or inconsiderate, driving |
| CD90 | Causing death by driving: unlicensed, disqualified or uninsured drivers |
|
DD40 |
Dangerous driving |
| DD60 | Manslaughter or culpable homicide while driving a vehicle |
| DD80 | Causing death by dangerous driving |
| DD90 | Furious driving |
| DR10 | Driving or attempting to drive with alcohol level above limit |
| DR20 | Driving or attempting to drive while unfit through drink |
| DR30 | Driving or attempting to drive then failing to supply a specimen for analysis |
| DR40 | In charge of a vehicle while alcohol level above limit |
| DR50 | In charge of a vehicle while unfit through drink |
| DR60 | Failure to provide a specimen for analysis in circumstances other than driving or attempting to drive |
| DR70 | Failing to provide specimen for breath test |
| DR80 | Driving or attempting to drive when unfit through drugs |
| DR90 | In charge of a vehicle when unfit through drugs |
| IN10 | Using a vehicle uninsured against third party risks |
| LC20 | Driving otherwise than in accordance with a licence |
| LC30 | Driving after making a false declaration about fitness when applying for a licence |
| LC40 | Driving a vehicle having failed to notify a disability |
| LC50 | Driving after a licence has been revoked or refused on medical grounds |
| MS50 | Motor racing on the highway |
| MS60 | Offences not covered by other codes (including offences relating to breach of requirements as to control of vehicle) |
| MS90 | Failure to give information as to identity of driver, etc. |
| TT99 | To signify a disqualification under 'totting-up' procedure. If the total of penalty points reaches 12 or more within three years, the driver is liable to be disqualified |
| UT50 | Aggravated taking of a vehicle |
Aiding, abetting, counselling or procuring
Offences as coded above, but with 0 changed to 2 (e.g. IN10 becomes IN12)
Causing or permitting
Offences as coded above, but with 0 changed to 4 (e.g. IN10 becomes IN14)
Inciting
Offences as coded above, but with 0 changed to 6 (e.g. IN10 becomes IN16)
Or similar offences or offences which replace the above offences
Minor traffic offences
Any single offence in Table B has attracted 6 or more penalty points will be treated as though it were a Major Traffic Offence.
Single conviction
Where an applicant has a single Minor Traffic Offence in the 12 months immediately preceding the date of application, the application will normally be granted using officer delegation subject to a warning as to future conduct.
Two or more convictions
Where an applicant has two or more convictions for Minor Traffic Offences in the 12 months immediately preceding the date of application an applicant will normally be expected to show a period of at least six months free from conviction before an application is considered.
Renewal applications
For an existing licence holder, where there is a single conviction resulting in 3 penalty points, notification of such is sufficient, however, where there are a number of convictions during the course of the licence resulting in more than 6 penalty points the matter may need to be brought to the attention of the Sub-Committee for consideration.
Failure to notify the Council in accordance with the licence conditions may result in delays at renewal of the licence.
The Council may use its officer delegation, in consultation with the Chair/Vice Chair of the Licensing Committee, to renew the licence where minor offences have been committed, or the renewal application may be presented to the Sub-Committee for determination. This will depend on the number of minor offences committed over the course of the licence and will be considered on a case by case basis.
Where the licence holder has failed to notify the Council a warning will be issued and this will be taken into consideration in relation any other matters in relation to the licence holder.
Table B - Minor Traffic Offences
| CU10 | Using vehicle with defective brakes |
| CU20 | Causing or likely to cause danger by reason of use of unsuitable vehicle or using a vehicle with parts or accessories (excluding brakes, steering or tyres) in a dangerous condition |
| CU30 | Using a vehicle with defective tyres |
| CU40 | Using a vehicle with defective steering |
| CU50 | Causing or likely to cause danger by reason of load or passengers |
| CU80 | Using a mobile phone while driving a motor vehicle |
| MS10 | Leaving a vehicle in a dangerous position |
| MS20 | Unlawful pillion riding |
| MS30 | Play street offences |
| MS40 | Driving with uncorrected defective eyesight or refusing to submit to a test |
| MS70 | Driving with uncorrected defective eyesight |
| MS80 | Refusing to submit to an eyesight test |
| MW10 | Contravention of Special Road Regulations (excluding speed limits) |
| PC10 | Undefined contravention of Pedestrian Crossing Regulations |
| PC20 | Contravention of Pedestrian Crossing Regulations with moving vehicle |
| PC30 | Contravention of Pedestrian Crossing Regulations with stationary vehicle |
| SP10 | Exceeding goods vehicle speed limit |
| SP20 | Exceeding speed limit for type of vehicle (excluding goods or passenger vehicles) |
| SP30 | Exceeding statutory speed limit on a public road |
| SP40 | Exceeding passenger vehicle speed limit |
| SP50 | Exceeding speed limit on a motorway |
| SP60 | Exceeding speed limit offence |
| TS10 | Failing to comply with traffic light signals |
| TS20 | Failing to comply with double white lines |
| TS30 | Failing to comply with a "Stop" sign |
| TS40 | Failing to comply with direction of a constable or traffic warden |
| TS50 | Failing to comply with traffic sign (excluding "Stop" sign, traffic lights or double white lines) |
| TS60 | Failing to comply with school crossing patrol sign |
| TS70 | Undefined failure to comply with a traffic direction sign |
Aiding, abetting, counselling or procuring
Offences as coded above, but with 0 changed to 2 (e.g. PC10 becomes PC12)
Causing or permitting
Offences as coded above, but with 0 changed to 4 (e.g. PC10 becomes PC14)
Inciting
Offences as coded above, but with 0 changed to 6 (e.g. PC10 becomes PC16)
Or similar offences or offences which replace the above offences
For all traffic offences convictions for aiding, abetting, counselling, procuring, causing, permitting or inciting the offence will be treated as though the offender had committed the primary offence.
Note: Where new offences are created or existing offences are consolidated or re-enacted etc they will be treated in a manner appropriate to their severity whether or not this guidance has been updated to reflect the changes.
Disqualification
Disqualification - Major Traffic Offence
An application will generally be refused unless a period of at least 3 years free from conviction has elapsed from the restoration of the UK driving licence by DVLA. This period will be extended to at least 5 years where the disqualification relates to driving whilst unfit through drink or drugs.
Disqualification - Minor Traffic Offence
An application will generally be refused unless a period free from conviction has elapsed from the restoration of the UK driving licence by DVLA which is equal to the period of disqualification imposed by the court i.e. 3 month disqualification = 3 month period free from conviction.
Totting up
TT99 'totting up' - if the total number of penalty points reaches 12 or more within a 3 year period the driver is liable to disqualification by the Court.
Totting up with disqualification
An application will be refused unless a period free from conviction has elapsed from the restoration of the DVLA licence, which is equal to the period of disqualification imposed by the court.
Where any of the offences which contribute to a 'totting up' disqualification are included in the list of Major Traffic Offences in Table A above, the Council will consider the application under the "Disqualification" criteria for major traffic offences.
Totting up without disqualification
An application from any person who has accrued sufficient points under the 'totting up' procedure to be disqualified but, where the court has accepted a plea of 'exceptional hardship' and has not imposed a disqualification will be consider by the Council as though a disqualification for the most serious of the offences which contributed to the 'totting up', had been imposed, for the purposes of determining when a licence application should be considered. (e.g. where the offences contributing to the totting up are SP30, SP80 and IN10 the Council would consider IN10 under 'Disqualification - Major Traffic Offence' above).
Plying for hire
In the case of a private hire driver found guilty of an offence of plying for hire, the General Licensing Sub-Committee will normally suspend or revoke the licence for a period which the Committee will determine.#
Breach of conditions, Bye-laws and complaints
Any breach of conditions by a private hire driver or operator or any breach of bye-laws by a hackney carriage driver may be referred to the General Licensing Sub-Committee
Any repeated breach of licence conditions by a private hire driver or operator or any repeated breach of bye-laws by a hackney carriage driver will be referred to the General Licensing Sub- Committee.
A driver brought before the Licensing Sub-Committee for a single breach of licence conditions or bye-laws should expect a formal written warning or period of suspension of up 3 months.
A driver brought before the Licensing Sub-Committee for a repeated breach of licence conditions or bye-laws should expect a period of suspension or for the licence to be revoked.