Brief overview of Exceptional Hardship in Road Traffic law in Scotland.

Written by
Doug McConnell

Exceptional Hardship

In Scots Law, exceptional hardship pertains to a category of mitigating circumstances that may be taken into account by a court or tribunal when deciding whether to impose a driving disqualification or ban.

Exceptional hardship refers to a situation in which a driving licence disqualification or ban would cause significant and undue hardship to an individual beyond what would normally be expected. Examples of exceptional hardship may include circumstances such as medical conditions that would make it exceptionally difficult for an individual to get around without a driving licence, or if a driving ban could jeopardize someone's employment or ability to provide for their family.

Exceptional hardship is one of the more tricky areas of Scottish road traffic law as it is depends very much on the particular circumstances of each individual case.

It is important to note that the courts may not always accept the argument of exceptional hardship, and the ONUS is on the person presenting the case to demonstrate that they would suffer significant hardship and that there is no suitable alternative to the proposed driving disqualification.

Given these circumstances expert and proper advice is very much recommended so don't hesitate in contacting us at Duncan and McConnell solicitors