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Licence on a thread

11th November 2004
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Page 36, 11th November 2004 — Licence on a thread
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Which of the following most accurately describes the problem?

A law which allows courts to ban drivers for any offence, including breaches of the hours regs, has stark implications for the transport

industry. Adam Hill reports.

Laws come and laws go, so those of us in the road transport industry had little reason to get excited when Section 146 of the Powers of Criminal Courts (Sentencing) Act 2000 came into force. But we should, because on 1 January this year it gave courts the power to disqualify anyone from driving, for any period — and for any offence.

Those three words are worth repeating: "for any offence". In other words, you no longer have to drive dangerously, or be drunk at the wheel to lose your licence. You could simply be overloaded or in breach of the hours regs.

These were not the types of offences which the legislators had in mind. As Home Office circular number 59/2003 makes clear, the primary purpose of Section 146 was to target 'anti-social crime' involving the use of vehicles where courts were not empowered to disqualify offenders. In fact the law is aimed at drivers whose vehicles are being used for kerb crawling, or whose vehicles are misused off-road or abandoned. But the law is so widely drafted that it covers anything a court feels warrants disqualification from driving.

Vanessa Hughes, a lawyer with the transport team at Chester-based Aaron tir. Partners, explains: "There is a danger that the courts may try to use it anyway where there are a number of drivers' hours contraventions, overloading offences or other such offences." For drivers caught speeding or driving without due care and attention, the threat of disqualification is nothing new. Offences which carry penalty points could always, if the circumstances are grave enough, have led to a ban.

Under certain sections of the Construction and Use regulations, points could also be deducted if it was proved that a vehicle was in a condition likely to cause danger to the public, or if a braking system fault was considered serious enough. But drivers' hours and the sorts of regulatory offences an HGV driver usually encounters do not come under the endorsement banner so penalty points -re not awarded.Which means Section 146 represents a new threat. And it seems that threat is real: Hughes has already represented two truck drirs who magistrates have attempted to disqIK fy for drivers hours breach -s. "There was nothing exceptional about these two drivers," she says.

Keep it in proportion She persuaded the court that while public safety is clearly a major issue, this legislation was never meant to apply in such cases and disqualification would be out of proportion to the hours offences invclved.

Hughes says: "if an HGV driver finds him or herself subject to the consideration of disqualification for drivers' hours, overloading or other offences which could previously only be dealt with by fine, it is important to ensure that their case is put forward effectively to the court to give them the best chance of persuading the magistrates that disqualification is not appropriate."

But the fact remains that courts have already tried to use this power when they feel that either the number of offences or previous convictions was large enough to warrant real concern. It has the potential to be a major headache, says Ilughes: "The consideration of disqualification by a court impacts upon the driver in a number of ways. Where, after a preliminary hearing, a court indicates it wishes to consider disqualification, the driver would have to attend the next court hearing. There would also be increased travel costs, time off work to attend and more legal costs."

Drivers have the right to appeal to the Crown Court, but this must be lodged within 21 days of the sentence being imposed. "But again there would be a further court attendance and the resulting costs," Hughes warns.

A common-sense approach dictates that removing a truck driver's licence will not be appropriate in the vast majority of cases. And so far, no driver has been disqualified under Section 146 but HGV drivers should not assume that courts will simply continue to impose fines. It has long been the case that disqualification could not be contemplated for tachograph offences. It can now. •

Tags

Organisations: Home Office, Crown Court
Locations: Chester

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