The Act of "Driving."
Page 16
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An Appeal—on a Stated Case—to be made to the High Court.
In the City of London Guildhall, on Tuesday last, the adjourned case was heard in which a man named Alfred Watts, in the employ of Messrs. W. J. Lobjoit and Son, of tioumslow, was summoned for driving without a licence. The offence, as already reported by us, was that a tractor and trailer were coming west along Cheapside in a line of traffic at a walking pace, and the driver, a man named Powell, was coaling while his mate, Watts, temporarily had hold of the steering wheel. This was the offence alleged, it being admitted that Watts had no licence. Mr. A. Moresby White (instructed by Messrs. Oldfield.e), who defended on behalf of the Commercial Motor Users' Association, contended that the temporary handling of the steering wheel did not technically constitute driving " as the driver was still the man in charge of the steam and reversing levers." Counsel cited Acts of Parliament bearing upon the case at some length, and argued that, if a man were merely acting in assistance of the driver under the circumstances as disclosed, no offence was committed.
The Clerk to the Magistrate (Mr. Monekton) said it could not be a great tax upon commereial users to take out additional licences of os. a year each for their men. Mr. Moresby White said that his Association was acting in the interests of the public, in resisting an attempt to make motor users take out these extra licences. If they had to take out extra licences for men who were nut driving, and who were not in all cases competent to drive, these men would be able, on a month's notice, or less, to leave their employers, and to apply for fresh employment, showing their licences as testimonials that they were competent to drive. It was to be remembered, in these cases, that the licences were no certificates of efficiency.
In the course of argument, the Clerk said, on behalf of the police, that there was no necessity to have two men on the engine, and that the wheel could be strapped. The Magistrate said that, according to Act of Parliament, it was not necessary to have two men on the motor. If the driver chose to let his mate take control, an offence was committed.
Mr. Moresby White said the licence was a piece of taper, of use solely for the purposes of identification.
The Magistrate: It is a pity to say that, because we have street dangers enough. Tf you tell me a man bolding a licence is not a properly-qualified person to drive, it makes it more dangerous.
The Clerk : The licence is only a means of keeping a record of identification.
The Magistrate: It makes him more easeful.
Mr. Moresby White: There is a case of a licence being granted to a blind man.
The Magistrate: I have crime to the conclusion that the defendant was assisting to drive this engine, and that he had no licence and was not complying with the regulations.
Mr. Moresby White: May I say that, having regard to the state of the road and the speed, it was only a trivial offence?
The Magistrate: It is a technical offence, but still it is an offence.
Counsel proceeded to ask the Magistrate not to proceed to a conviction, but simply to marse an order to pay a small sum of money as eosts.
The Clerk : That is so that this case should not be quoted as a oonviction elsewhere. Mr. Moresby White : You have pouter to make an order to pay a sum of money instead of proceeding to core iction, and that would mean that his licence would not have to be endorsed.
Tho Clerk : He has got DO licence, and so it can't be endorsed.
Counsel argued that if defendant applied for a licence at a future time, it would have to be endorsed with this conviction.
The Clerk said he would like Counsel to show him under what Act a licensing authority had the right to endorse a man's licence with a conviction if he had held no licence previously.
Counsel said he had a wide experience of motorcar law. He held that if this defendant went to Northumberland and applied for a licence, and did not disclose this conviction, he would be liable.
The Clerk : T think the licence can only be endorsed on the Order of the Court.
The Magistrate: And this man hasn't one, and I can't endorse it.
Proceeding, the Magistrate said he should be sorry to do this man any permanent injury, and he did not see any reason why any future licence should be endorsed because of this conviction.
The Clerk : It is a question of punishment, whether you impose a fine or only costs. The difficulty of only impcsing costs is that it means a dismissal.
Counsel said that if he did not feel certain that a conviction would be prejudicial to the defendant he would not labour the point.
The Magistrate said he should impose a nominal fine of 10s. and costs; the costs would amount to 3s. He did not think it necessary to pronounce any alternative.
Counsel said that he understood that without proceeding to conviction the magistrate made an order for payment of this sum.
The Magistrate: My decision is that he be fined 10s. for driving this vehicle without a licence, and 3s. costs.
Mr. Moresby White: I ask you to grant Inc a case for the High Court. The Magistrate: I should be only too pleased to get my decision upset if it is wrong. Counsel asked, for future guidance, if the Magistrate would state how many men ought to be on the engine. The Magistrate: Take my advice; instead of having two men or more, only have one. Counsel pressed to know whether it was an Order of the Court he should be appealing from, or from a conviction. The Clerk : You are appealing from a conviction. Connel still asked for an order to be made for defendant to pay the amount of the fine as costs only. This would avert any danger as to his future position_ The Magistrate: I have given my decision, and I cannot alter it.