A MOTORIST in East Lancashire who remains on the roads despite racking up 38 points on his driving licence has shown a 'flagrant disregard for the law'.

Allan Whipp, an official from East Lancashire Advanced Motorists, was mystified as to how the Burnley driver had managed to dodge a motoring disqualification even though he had been caught breaking 30mph on 10 occasions.

His national body had conducted a study and found that the unnamed motorist was one of five who had notched up 37 or more points on their licences but remained behind the wheel.

Drivers are usually automatically disqualified when they have 12 points imposed on their licence.

But lawyers could argue that a defendant would suffer 'exceptional hardship' if an immediate ban was imposed, for example if they required a driving licence as part of their employment.

Mr Whipp said: "This just shows a flagrant disregard for the law - but it's difficult to know how he could get away it with his insurance company.

"There is a chance that he knows someone who works for a garage and he's still driving under a motor traders' policy.

"But it is still difficult to understand how a magistrate could accept an excuse more than once. When does this kind of driving, if it's done repeatedly, come to be regarded as dangerous?"

David Stansfield, a Haslingden county councillor, said: "He is just sticking two fingers up at the law.

"If I was a magistrate and someone came up with 38 points then it should be worth a five-year ban."

Another driver from Oxford, holding a provisional licence, has 51 points after being caught speeding three times and receiving seven convictions for failing to provide details on request.

And an Essex motorist, who had also failed to supply his details, has 42 points after he was also apprehended speeding at 109mph.

Sarah Sillars, the IAM's chief executive, said: "Individual courts making decision on prosecutions can lead to inconsistency in how the law is applied which risks devaluing the simple 12 points and you're out road safety message."

A DVLA spokesman said: "Our role is to record the information provided by the courts.

"In exceptional circumstances the courts are able to use their discretion to decide whether or not to disqualify a driver if they plead the loss would cause exceptional hardship.

"However the vast majority of drivers who get 12 penalty points are automatically disqualified."

The news comes after the Lancashire Telegraph backed a crackdown on inconsiderate parking.