I note from "Know the law" in
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CM March 7 that in terms of the Road Traffic Act 1974, the period on which an endorsement is carried on a licence .hav been extended by one 1.ear. Does this mean that the totting-up period is HOW four rears?
A The section to which you refer is 13( 1) and is not yet in effect. It is understood that it will not come into effect until the autumn. The situation will then be that the totting-up period will not alter and that the six months automatic disqualification will apply only' if the licence carries three endorsements in a period of three consecutive years.
The new law was suggested by magistrates who apparently detected abuse of the old system. It had apparently been the practice of some drivers who already had two endorsements and were waiting for the hearing of a third endorsable offence to renew their licence which had been in some way "defaced". Provided the first two endorsements had run for a full three-year period, the replacement licence was issued clean.
This worked to the benefit of those who found themselves in circum stances like these. Consider an endorsement, say, in December 1971 another on or before December 1973 and an offence in October or November 1974, with the latest offence not due to come to court until January or February 1975. This would mean that a new licence could be issued with the first offence deleted, and if the last offence was endorsed then the licence would still carry only two offences. But the law says that the totting up counts from the date of endorsement for the first two offences, but from the date of the offence for the third case.'
By retaining the endorsement of the licence for a four-year period, this loophole will be plugged and at the same time, offences outside the threeyear period will not count in the totting-up procedure.