Do 12 penalty points in three years incur an automatic driving ban?

My brother-in-law received 3 points in March 2006 followed by another 3 points in May 2006 and 6 points in October 2006. Is he automatically banned from driving or only if he receives any more points?

He would have been banned for 12 penalty points received within three years under the totting-up procedure but the magistrates would normally require that he appeared in court before such a ban would have been imposed. He would then have been given the opportunity to present an "exceptional hardship" defence (use the search facility on the website on this term for more details) which if successful may mean that a ban was not used.

If he did not present a proper defence on these grounds a ban is likely and, setting aside that this is not a very good driving record, you should certainly not permit him access to a vehicle or to drive any of your loved ones around unless you are convinced he is still permitted to drive as he may also not be insured.

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