Endorsement of driving licences
Page 78
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I HAVE previously discussed the question of disqualification from driving which the courts may impose for some offences; now it is time to look at the endorsements of driving licences which they may, under certain circumstances, also order.
This subject became of far greater importance when legislation was made ordering courts to disqualify from driving any offender who had three endorsements on his licence within a period of three years. Before this law was made endorsements were just a "black mark"; now when one His two endorsements in fairly quick succession there is fear of a third one with the ban from driving which automatically follows.
A couple of years ago I was at a Court of Quarter Sessions where a man was appealing against a disqualification under these circumstances. His licence had. been endorsed twice previously, once for careless driving and then for exceeding the speed limit and the magistrates had disqualified him for his third offence of parking within the limits of a pedestrian crossing. He maintained that the latter offence was a trivial one committed late in the evening when he parked his car, in a heavy rainstorm, while he took a lady friend to a restaurant for an evening meal. He pleaded that the loss of his licence caused him great hardship as he had to be at work, about 20 miles away from home, very early in the morning before public transport was running. The chairman of the court, in dismissing the appeal, said that he appreciated the disqualification was inconvenient to the appellant, but that the purpose of the law was to discourage the persistent offender and any hardship he suffered by reason of the disqualification was part of his punishment.
Section 7 of the Road Traffic Act 1962, states that where a person is convicted of an offence specified in Part I or Part II of the First Schedule to the Act the court shall order particulars of the conviction, and if he is disqualified, particulars of the disqualification to be endorsed on his licence. The offences mentioned in this Schedule are those I previously listed for which there is obligatory or discretionary disqualification. If the court finds that it is not necessary to disqualify a defendant found guilty of one of these offences it must endorse his licence unless there are special reasons for not doing so.
The term "special reasons" was discussed fully previously in connection with disqualifications but one or two decisions of special interest to commercial vehicle operators have been made in connection with the endorsement of a licence.
It was held in Johnstone v Dearsley (1966) 12 C.L. 312 (Middx. Quarter Sessions) that there were "special reasons" for not endorsing an owner's driving licence when he was convicted of using (by his driver) a lorry with defective steering gear and other defects because he proved that there was a reasonably sound system of regular inspection and no negligence on his part.
On conviction for driving a lorry with an insecure load and a worn and cut tyre the driver alleged that others were responsible for the load and the conditions of the tyre. It was held that this was a special reason for not endorsing his licence (R v Hurst 1966 Crim L.R.683) (Middx. Quarter Sessions).
In a further article I will deal with the production of the driving licence at court and the procedure for obtaining a "cleanlicence after certain periods.
NEW COMPANIES
G. A. Harvey (Transport) Ltd. Cap.: £5,000. Dirs.: G. A. Harvey and Mrs. Jennifer M. Harvey. Red House, Ashhocking, Suffolk. Sec.: Jennifer M. Harvey. Reg. Office: 21/3 Princes St., Ipswich.
Walter flicks Transport Ltd. Cap.: £1,000. Dirs.: W. Hicks, 96 School Road, Hockley Heath. R. James, 34 Baverstock Rd., Druids Heath Estate, Maypole, Birmingham. P. A. Algard, 81 Hamstead Hill, Handsworth Wood, Birmingham 20. Reg. Office: 81 Hamstead Hill, Handsworth Wood.
Mascot Green and Grey Coaches Ltd. Cap.: £1,000. Subs.: R. C. Keen and D. Hodgson, 7/9 Fetter Lane, EC4.
Broads Transport Ltd. Cap.: /1,000. Dirs.: N. E. J. Broad and Vivian May Broad, 7 St. James Place East, Plymouth. P. R. Broad. 34 Oxford Ave., Hyde Park, Plymouth. P. W. Broad, 24 Dudley Gdns., Eggbuckland, Plymouth. R. J. Broad, 33 Moors Lane, Higher St., %Wean, Plymouth. Reg. Office: 7 St. James Place East, Plymouth.
A. H. Gore Ltd. Cap.: £5,000. Object: To carry on the business of haulage and cartage contractors, etc. Subs.: D. C. Osborn, 2 Leighwood House, Church Road, Leigh Woods, Bristol 8. P. D. Hoare, Monks Farm House, Corsham, Wilts. Sols.: Lloyd, Birch, Inskip and Co., Bristol I.
Warboys Haulage Co. Cap.: £2,000. Dirs.: G. D. Manchett, Margaret V. Manchett. and D. Manchett, Heath Road, Warboys, Hunts. Sec.: Margaret V. Manchett Reg. Office: Heath Rd., Warboys, Hunts.
G. W. Cooper Ltd. Cap.: £2,000. Object: To carry on the business of motor coach proprietors, etc. Dirs.: G. W. Cooper, 29 Fontburn Road, Seaton Delavat, Northumberland, H. Cooper, 72 Jubilee Terrace, Annitsford, Northumberland. Sec.: Doreen M. Cooper. Reg. Office: Burnside Garage, Annitsford.