Exceptional Hardship Checker
Answer 8 questions to find out whether you have grounds to avoid a totting up ban — and how strong your case is.
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Question 1 of 8 12%
Question 1 of 8
Have the same circumstances already been accepted for exceptional hardship within the last 3 years?
This means a court previously took those circumstances into account to reduce or avoid a totting-up ban.
Why this matters: Under s.35(4) of the Road Traffic Offenders Act 1988, the court cannot take the same circumstances into account again within 3 years if they were previously used to reduce or avoid a totting-up disqualification. Different or genuinely changed circumstances (e.g. a new job, new caring responsibility) may still be arguable.
Question 2 of 8
Would losing your licence cause you to lose your job?
This is a common ground, but it is usually strongest where the hardship goes beyond ordinary job inconvenience or affects others.
What counts: Your employer confirms driving is essential to your role and there is no alternative arrangement possible. Evidence from your employer on letter headed paper is typically required.
Question 3 of 8
Are you self-employed or a business owner, and would a ban cause your business to fail?
Courts treat business failure as a form of employment hardship — particularly where employees would also be affected.
Stronger where: You employ others whose jobs would also be at risk. The hardship then extends beyond yourself to dependant employees.
Question 4 of 8
Do you have dependants who rely on you driving — such as children, elderly relatives, or disabled family members?
Hardship to dependants is given significant weight by courts.
Examples that count: Driving children to a school no bus serves; taking a disabled relative to regular medical appointments; caring for an elderly parent who cannot use public transport.
Question 5 of 8
Do you live in a rural area or location with no reasonable public transport alternative for your essential journeys?
This strengthens employment or caring hardship claims significantly.
Why this matters: Courts are more sympathetic where there is genuinely no public transport alternative. In urban areas, courts may expect taxis or public transport to substitute.
Question 6 of 8
Do you work in healthcare, emergency services, social care, or another role where your absence would affect vulnerable people?
Courts give additional weight to roles where third parties — not just you — would suffer.
Examples: District nurses, social workers, paramedics, and carers who visit multiple service users. The court can consider the hardship caused to those service users, not just you.
Question 7 of 8
Would a ban create genuine financial hardship that directly affects others who depend on your income?
Note: financial hardship to yourself alone is rarely sufficient. It must affect dependants.
What qualifies: Loss of income that leaves dependants unable to meet basic living needs. Courts do not accept increased taxi bills or general inconvenience as exceptional hardship.
Question 8 of 8
Do you have documentary evidence to support your grounds?
Exceptional hardship arguments are far stronger with written evidence. Unsubstantiated oral claims alone rarely succeed.
Useful evidence includes: Employer letter confirming driving is essential; medical letters for dependants' appointments; school transport confirmation; business accounts showing impact on employees.
Your exceptional hardship assessment
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What your answers show
Evidence you should gather before your hearing
Disclaimer: This checker provides an indicative assessment only, based on the common grounds accepted by courts for exceptional hardship under s.35 Road Traffic Offenders Act 1988. Every case turns on its specific facts and the evidence available. Results do not constitute legal advice. The threshold for exceptional hardship is high — a specialist solicitor should advise you before your hearing.
Facing 12 points? Read our full guide to exceptional hardship arguments, or use our Totting Up Ban Calculator to see your exact point total.
Frequently asked questions
What counts as exceptional hardship for a driving ban?
Exceptional hardship is hardship beyond the ordinary inconvenience of losing a licence. Courts can consider loss of employment where driving is essential and no alternative exists, but loss of employment alone is not automatically enough. Arguments are usually stronger where a ban affects dependants, employees, vulnerable people, or caring responsibilities. Simply claiming it will be inconvenient or expensive to use taxis does not qualify.
How do you argue exceptional hardship in court?
You must give evidence to the magistrates’ court — typically a witness statement from you and supporting documentary evidence. Your solicitor will structure the argument to address the hardship to others (not just yourself), as courts give more weight to hardship affecting dependants or employees than hardship affecting only you. The burden of proof rests on you on the balance of probabilities.
Can you use exceptional hardship more than once?
The court cannot take the same circumstances into account again within 3 years if those circumstances were previously used to reduce or avoid a totting-up ban. For example, if the same employment circumstances were already accepted, you cannot simply repeat them within 3 years. Genuinely new or changed circumstances — a new job, a new caring responsibility — may still be argued.
What evidence do I need for exceptional hardship?
The most compelling evidence is a letter from your employer confirming: (1) your role requires driving, (2) alternative transport is not feasible, and (3) loss of licence would result in dismissal. For caring responsibilities, medical letters or school confirmation of transport arrangements help significantly. Financial evidence showing the impact on dependants (not just yourself) also supports the argument. The more specific and documented, the stronger the case.
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