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I by Les Oldridge, T.Eng(CEI), MIMI, AM IRTE
DRIVING LICENCES
THE LAW on driving licences becomes more and more complicated. We now have the term "Permissible maximum weight" instead of "unladen weight" and new groups of vehicles specified in the law concerning the minimum ages at which the various types of vehicles can be driven.
Dealing with minimum age limits first, these are set out in Section 960* the Road Traffic Act 1972 (as amended by the Motor Vehicles (Driving Licences) Regulations 1976) in the following way: Class of vehicle Age Invalid carriage 16 Moped 16 Motorcycle 17 Small passenger or small goods vehicle 17 Medium size goods vehicle 18 Wheeled agricultural tractor specially licensed as such and not exceeding eight feet in width . , . . . , • , ....... 16 Other agricultural tractors 17 Road roller under 111/2 ton unladen weight 17 Road roller over 111/2 tons unladen weight 21 Other motor vehicles (e.g. hgv and psv) 21 "Small passenger vehicle" is defined in Section 110 of the Act as a motor vehicle constructed solely to carry not more than nine passengers inclusive of the driver. "Small goods vehicle" is one constructed or adapted to carry or haul goods and is not adapted to carry more than nine passengers including the driver and does not exceed 3.5 tonnes permissible maximum weight including any trailer. ''Medium size goods vehicle" is defined in the same way as a "small size goods vehicle" except that the permissible maximim weight exceeds 3.5 tonnes but not 7.5 tonnes.
If a vehicle has been "'plated," the weight shown on the plate is the permissible maximum weight for the purpose of this section; if it has not been plated but carries a manufacturer's plate, the weight shown on this plate is the "permissible maximum weight." If no plate is carried, the permissible maximum weight is determined by multiplying the unladen weight of the vehicle by a number specified in the Goods Vehicle (Ascertainment of Maximum Gross Weights) Regulations 1976. For example, in the case of an unplated breakdown vehicle, the unladen weight has to be multiplied by two.
Everyone who drives a mechanically propelled vehicle on a road, whether it is a pedestrian controlled lawn mower or a double deck bus, requires the ordinary driving licence appropriate to the type of vehicle. Additional special licences are needed by the drivers of heavy goods and public service vehicles. There is a maximum penalty of £100 fine for driving a vehicle without a licence (Section 84 Road Traffic Act 1972).
Sections 93 and 101 of the Road Traffic Act 1972 deals with the disqualification of persons from driving and endorsement ol their driving 'licences and lists the offences for which thiE punishment may be imposed. Offences meriting disqualificatior fall within two groups (1) where the magistrate has no choice, hE must disqualify (obligatory disqualification) and (2)/ where thE magistrate may use his discretion as to whether he disqualifies thE offender.
The "obligatory" disqualification offences are: causing death b) dangerous driving; reckless and dangerous driving if committer within three years after a conviction for a similar offence; drunken driving offence; racing on the highway; manslaughter and, in Scotland, culpable homicide by the driver of a motor vehicle.
Discretionary disqualification offences are: dangerous driving, careless and inconsiderate driving, driving under age; being "in charge ofas opposed to "driving" a motor vehicle while unfit to drive through drink or drugs or while blood /alcohol content is above the prescribed limit; carrying more than one passenger on a motorcycle or the passenger not sitting astride; disobeying a policeman's signal or certain traffic signs; leaving a motor vehicle in a dangerous position; failing to stop after an accident; contravention of the Construction and Use Regulations concerning brakes, steering gear, tyres, parts and accessories in a dangerous condition or insecure load; driving without a licence under certain circumstances; not complying with the conditions of a provisional driving licence; failing to surrender a licence when particulars
concerning the holder become incorrect; failing to produce a licence to a court for endorsement when convicted of an endorsable offence; using a vehicle while uninsured against third party risks; stealing, attempting to steal or taking a motor vehicle without the owner's consent; contravention of certain laws concerning motorway driving; pedestrian crossing offence, failing to obey school crossing patrol's sign; exceeding speed limits and contravening an order prohibiting or restricting the use of a street playground by vehicles.
In all the cases mentioned above, the offender's licence must be endorsed even if he is not disqualified from driving.
In the cases of obligatory disqualification, the courts need not disqualify if they find there are "special reasons" for not doing so.
As the loss of one's driving licence is such a severe penalty, it is not
surprising that there have been several appeal cases where the appellant has argued that there were "special reasonswhy he
should not be disqualified. The most important of these is Writtal v Kirby (1947) K.B. 194, where it was held that the "special reasons must be special to the facts of the case and not to circumstances peculiar to the offender.
Financial hardship, for example, is not a special reason. It is no use pleading that the loss of the driving licence will mean the sack
and that, consequently, a man's wife and large family will suffer, because that is -circumstances concerning the offender.On the other hand, a plea that the offender's drinks were laced and that he was genuinely unaware of this, is a "special reasonfor not disqualifying as it relates to the offence.
A driver who is disqualified from driving loses his ordinary driving licence and is, therefore, not allowed to drive any class of vehicle irrespective of the class of vehicle he was driving at the time' of the offence. If he is also the holder of an hgv driving licence he must notify details of the disqualification to the Licensing Authority in whose area he resides and surrender the hgv licence. The licence will be returned at the end of the disqualification period on the production of the ordinary licence.
The Licensing Authorities have the power to suspend or revoke hgv drivers' licences and to disqualify persons from holding such licences, if necessary, until they have passed an hgv driving test.