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What it takes to be a loser

16th February 1980
Page 45
Page 45, 16th February 1980 — What it takes to be a loser
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Which of the following most accurately describes the problem?

IN THE CPC examinations a question has appeared several times which runs something like this:

Under the "'totting:up" procedure a driver will be disqualified if:

(a) He is convicted of a third offence within three years of conviction of the first (b) He is convicted of a third offence within three years of committing the first (c) He commits a third offence within three years of committing the first.

(d) He commits a third offence within three years of conviction of the first.

Les Oldridge in his otherwise excellent article (CM, Know the Law, January 12) states that if an offence involving a discretionary or obligatory ban has within the previous three years been convicted on not less than two occasions of offences, the particulars of which have been endorsed on his driving licence, the court must order him to be disqualified for not less than six months.

A CPC student reading this • would conclude that answer (a) above is the correct one, whereas in fact Section 93(3) states "where a person convicted on no less than two occa sions . . which means that answer (d) is correct.

As I advise all my CPC students to read your publication, will you please publish this letter before they accuse me of misinforming them.

Incidentally, I wonder how many of these operators and managers, securely fenced behind their "Grandfather's Rights" CPCs and who consider that the CPC is a "piece of cake", would have got this one right?

DON S. BENSON Thurrock Technical College Woodview Grays, Essex Les Oldridga agrees that the paragraph mentioned is ambiguous. For the tottingup procedure to apply there must not be more than a three-year period between the first conviction and the date on which the third offence was committed — Editor.

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