'Permitted' offences appeal allowed
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• It did not appear to be generally known to magistrates that under Section 7 of the Road Traffic (Amendment) Act 1967 persons convicted of permitted offences against the Construction and Use Regulations were not liable to disqualification or endorsement of their personal driving licence's if it was proved they did not know or have reasonable cause to suspect an offence was being committed.
This was put to the Recorder, Mr R. P. Smith, QC, at Newcastle upon Tyne Crown Court last week by Mr T. H. Campbell Wardlaw on behalf of Mr J. T. Jeffrey, Coldharbour, Christon Bank, Northumberland. He was appealing against a decision of Morpeth magistrates on April 5 1972.
Mr Campbell Wardlaw said Mr Jeffrey owned seven farms and operated some 30 goods vehicles in connection with them. He was charged by the police with permitting the use of a Land-Rover on the Morpeth bypass on February 5 1972 with a defective tyre. A fine of £3 was imposed and Jeffrey's licence endorsed despite evidence that he was not aware of the state of the tyre.
This was clearly established as he had never driven the Land-Rover and was not aware who was driving it on the day in question. The vehicle was brand new in August 1971 and had only done 5000 miles at the time.
Mr Campbell Wardlaw added that Section 7 directed that a licence "shall not be endorsedif lack of knowledge was proved.
The prosecution made no submission in rebuttal and the Recorder said he was satisfied and the appeal would be allowed.