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At the end of a ban drivers should check that they have got their LGV licence back before re suming work. Patric Cunnane reports on the implications of one driver's nasty surprise.
Truck drivers who decide to drink and drive when out in their cars should not be surprised if courts pay scant heed to the fact that they need their driving licences to earn a living. Like everyone else who overdoes it they will be banned, and deservedly so.
But most would agree that drivers who seek rehabilitation and promise to stay dry when driving deserve a second chance.
With this in mind drink-drivers can seek remission of up to 25% of the disqualification period if they go on an approved rehabilitation course run by ACK/ (the Association of Chief Police Officers). Here they will learn about the effects of alcohol on the body and on driving behaviour and will be given advice about their future conduct as motorists.
Fair enough. But a driver who contacted CM recently believes there is a flaw in the system. He had been banned for a year but by attending a course had his ban reduced to nine months. "On the course I was advised to apply early for the return of my licence,he says.
He duly put in his application but the course tutor had not told him that he would not automatically get his LGV licence back with his car licence. Soon after returning to driving he was stopped in a roadside check which revealed to his surprise that he no longer held a C+E LGV licence. "The DVLA have since told me they just return the ordinary licence and now I am being prosecuted," he reports.
Pick the right form
The DV LA say there are two forms available from the Post Office (or online) for driving licence applications: Dl and D2. By filling in D2 a driver will get his car licence and LGV licence subject to the normal checks. But what is worrying is that a professional driver was unaware that his LGV licence had not been reinstated. In the event of an accident his insurance would have been invalid.
So what should happen toward the end of a disqualification period caused by drink-driving other offences, or totting up penalty points? Drivers trying to regain their car licences fill in form Dl but LGV drivers need form D2. Transport lawyer Tim Ridyarcl of Barker Gotelee explains what happens next: "When a D2 application is processed there is a warning note on the DVLA computer if there are three points or more or a disqualification on the driving record.
"That computer is linked to the Traffic Area Office and it asks the Traffic Commissioner if he or she is satisfied that the application should be granted. If the TC objects the DVLA issues an ordinary car licence within seven days."
Ridyard says it is at this point that the system may break down, potentially leaving a driver unaware that he has not regained his LGV entitlement:"He might not be informed of the decision about his vocational licence entitlement or he may change address, or for whatever reason he may be left under the impression that the licence he has received is what he had before." The system decrees that the TC should write separately to the driver explaining what action might be taken if he or she is not prepared for an LGV licence to he granted.
The TCs follow a set of guidelines. If there were no aggravating circumstances a driver disqualified for 12 months or less should be sent a warning letter, with no further disqualification of LGV entitlement.
TC takes action
More serious offences such as a ban of more than a year will normally lead to the offender being called before theTC who could impose a further ban on his or her LGV licence of between one and three months.The idea is that banned drivers recover their driving skills and road sense on light vehicles before returning to heavies, If a driver picks up more than two driving disqualifications totalling more than 12 months within five years he or she will he called to appear at a Public Inquiry. This could lead to a further ban of up to six months.
What is clear from all this is that drivers who reach the end of a driving ban must ensure they have their full LGV licence entitlement restored before climbing back into their cabs. Ignorance of the law or a misunderstanding is rarely accepted as an excuse. •