It is hard to believe that a system that works relatively well on spotting and punishing law-breaking drivers then fails in the last stages of the legal process.

That is what new figures obtained by road safety charity Brake reveal: 43% of drivers with at least 12 points on their licence have not received a driving ban.

For that reason we have 10,072 drivers in Britain who have accumulated 12 or more penalty points for speeding and other offences still licensed to drive on UK roads.

If there is someone to blame that's the government, according to Brake. "We are asking the government to act quickly to address this appalling situation. Clearly when the points system was designed, it wasn't intended that nearly half of drivers with 12 points would evade disqualification. It is outrageous these individuals, who rack up offence after offence, are allowed to continue driving, causing enormous risk to the public," said Brake campaigns director Julie Townsend.

"It's time for the government to get tough with these selfish, irresponsible and potentially deadly drivers, and put a stop to their illegal and dangerous driving before it results in a devastating crash," she added.

Brake has found some farcical cases like the one of a driver from Bradford with 32 penalty points, who has been caught driving uninsured four times.

Another motorist with 27 points has been caught speeding on a motorway eight times, as well as driving with defective tyres.

A recurring procedure for many drivers seem to be the "exceptional hardship" defence. Some 129 drivers have amassed 20 points or more yet have still kept their licence after pleading such a defence.

Exceptional hardship has no statutory definition in case law and it will be at the discretion of the courts to decide if driver's circumstances warrant leniency.

I guess that the whole penalty system is intended to cause hardship. Otherwise it wouldn't work as a deterrent.

Or, as Andy Goldby, Director of Underwriting and Pricing at Direct Line, said: "It seems 'exceptional hardship' isn't that exceptional after all. Someone who has accumulated more than 12 points on their licence has shown a complete disrespect for the law. It sends out an entirely wrong message that these individuals are still allowed to drive."

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