Move to lessen 'ban' danger
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MOVES are being made to lessen the danger of disqualification faced by the owner of goods vehicles which contravene the Construction and Use Regulations.
As the law now stands the owner of a fleet of vehicles is held vicariously responsible for their roadworthiness, and his licence will be endorsed if one is defective. This endorsement will count in the totting up procedure which leads to disqualification.
An attempt to alter this is made in the Road Traffic Amendment Bill, which was before the House of Lords last weekâit allows the owner the defence that he did not know of the defect.
But this did not satisfy Lord Nugent of Guildford, who said there was still the sub
stantial objection that the owner was presumed guilty unless he had proved himself innocent.
He suggested alternatives. Firstly, the Bill could be amended so that automatic endorsement of the owner's licence should not follow a conviction.
Or secondly, instead of the ultimate penalty of disqualifying the fleet-owner from driving, courts should have the power tO suspend the licence of the vehicle for a limited period.
For the Government, Lord Shepherd said he could see some point in Lord Nugent's second suggestion, except that there might be some difficulty as the licence for a vehiclewas issued by a different authority.
He was not quite sure whether magistrates would have the power to withdraw that licence, but he would certainly look at the matter.
Lord Popplewell said that he was ready to discuss the two proposals put forward.
Earlier he had said that the RAC was doubtful whether the written evidence which the Bill allowed an owner to put forward would be accepted by the courts.
The Bill was given an unopposed second reading.