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This week's answers have been supplied by a team of
Page 40
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lawyers from Backhouse Jones based in Clitheroe, Lancashire What can he drive?
As a vehicle dealer, I have been asked to help a customer with a query. He passed his test before 1997 so he can legally drive a 7.5-tanner on his car licence.
What gross train weight, including a trailer, is he entitled to pull? What licence would he need to pull the full 11 tonnes that a 7.5tanner is capable of? What driver qualifications will be needed?
Peter Finkel, Intercounty Truck & Van, Northampton If your customer passed his test before 1997 in Great Britain then he probably holds a ChE entitlement—you will have to check this on his driving licence.
This is qualified by a "code" (107) which limits the train weight to 8,250kg, meaning he can drive a 7,500kg vehicle lowing a trailer with a maximum gross weight of 750kg.
II your driver wanted to use the vehicle above the 8,250kg limit he needs to obtain the C1+E full qualification (to remove the code 107 restriction) or take a C+E. Both of these options will require him to take a further driving test.
For more information look at the DVLA web site www.dvla.gov.uk, or contact the Driving Standards Agency.
When will! be forgiven?
Can you tell me how long an 18-month drink-driving conviction is likely to be considered as a handicap when applying for an LGV licence?
Driver (name and address supplied)
When an application is made loran LGII driving licence, even though you may have passed the driving lest, you must satisfy the relevant authorities that you are a lit and proper person to he driving such vehicles. There is no specific time period under which an 18-month drink-drive conviction will be considered a handicap in relation to being a fit and proper person.
The circumstances of the conviction — for example, whether you were driving a car or a lorry, the amount of excess alcohol and whether you have one, two or numerous convictions for drink-driving, will all be relevant when the Traffic Commissioner considers your vocational application.
The IC will want to take all of this information into account when deciding it you are now a fit and proper person to hold a vocational driving licence. You might be required to attend a short hearing to answer questions on these points before any decision is made.
Following disqualification the TCs often require drivers to spend three months driving cars and small goods vehicles before allowing them to drive larger vehicles.
However, this is not mandatory and a lot will depend on the person involved and the circumstances surrounding the ban.
How powerful are trading standards?
My driver was dellvering machinery in a 26-tonner and he inadvertently drove through an area restricted to vehicles below 7.5 tonnes. It was a genuine mistake.
Since then a trading standards officer has written requesting a meeting with me and my driver fora recorded interview. We run two trucks so this would mean both being off the road and a loss of earnings.
What powers do trading standards have in this respect? Musticomply?
Simon Norman, Newton Abbott, Devon Trading standards officers have no power to compel either you or your driver to attend an interview. In fact they cannot force you to make any comment aboutthis alleged offence—any response you give is entirely voluntary.
In many cases solicitors advise their clients not to give interviews or make comments in orderto help their clients position. and this might be something that is in your best interests now.
However, it might equally be inyour interest to at least provide a written statement, because if you can help your case at this stage it may be best to do so. Magistrates can draw an adverse inference from something you fail to mention now but which you later rely upon in court.
As with any alleged offence, it is always best to seek proper legal advice before making any decision about interviews.11could make the difference between the prosecution being unable to prove their case or being convicted.