Employers Face Disqualification
Page 9
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COMMERCIAL vehicle operators may have their private driving licences taken away as a result of their vehicles infringing certain Construction and Use Regulations. Disquieting reports are coming into the offices of the R.H.A. and T.R.T.A. of almost ludicrous examples of convictions in magistrates' courts in several areas, where vehicle owners are having their driving licences automatically endorsed for sometimes comparatively minor defects in their vehicles. Thus, the situatiOn foreseen by both the R.H.A. and T.R.T.A. when the Road Traffic Bill. 1962, was before Parliament, and which they both tried to have amended, has indeed arisen.
The possibility of disqualification arises out of the "three in three years" provision under sections 5, 7 and 8 of the 1962 Road Traffic Act, these provisions having come into effect on May 29.
The R.H.A., I understand; is trying to bring the matter to the High Court and is considering an appeal in the case of a Leeds operator. But the most disturbing factor is that operators do not seem to realize the seriousness of the situation, and in most cases so far have not attended court, but have pleaded guilty by letter.
The T.R.T.A. vehicles and highways committee is urgently investigating the situation to see what can be done; one problem is that even if the phrase "causing or permitting a vehicle to be so -used" were modified or deleted from the provisions., an owner could still be prosecuted as the " user " of a vehicle and thus be liable for endorsement. The T.R.T.A. has pointed out in a statement that owners of businesses which are not limited companies are particularly vulnerable and suggests that if they find themselves prosecuted for a third offence, the only remedy at present is to plead " mitigating ciretimstances " às a reason for avoiding disqualification. But even M limited companies individuals may be liable; for example, the secretary of a company(carrying titular responsibility) or even a traffic or transport manager en the score of "causing orpermitting . . to be so used ".
• Here: are examples -of what is happening already. A vehicle operated by a .Warrington concern 114 its mirror damaged while reversing into .a gateway at Port Talbot and shortly afterwards was stopped at a checkpoint and reported for the broken mirror and for two small splits in the rear mudguards. The driver and the two partner. 'owners were prosecuted for using a Vehicle wrth broken mirror and split mudguards. The partners pleaded guilty by letter, were eactl• fined £7 nd, in respect of the second charge. it was ordered that their driving licendes be endorsed.However, one or the partners was a woman holding no driving licence and she was told that if she obtained a licence to drive it would be
endorsed. •
In another case a vehicle owned Mr. Arthur Page, of Black hill, Durham,. was stopped by the police for allegedly emitting excessive. black smoke. This charge was not supported by the Ministry examiner who tested the vehicle, butthe police then discovered that one side light and the horn were not funct:oning and that the mudguards were defective. Lanchester Magistrates fined -the driver and Mr. Page, £17 between them and. because the vehicle was Used in a state which infringed the C,• and U. regulationa, Mr. Page's driving licence was automatically endorsed; he did not attend court.
Anbther instance in the Narth.wasalealt ve:th by Alnwick Magistrates on Wednesday when Mr. E. Nicholson, of Morpeth. was summoned on two counts; one related to the emission of black, srboke and the other to: " unlawfully causing a motor vehicle to he ona road -the parts and. accessories of which were.not maintained in such a condition that danger was not likely tO be caused to an person on the vehicle or on the road ". In this case the owner was charged hut the driver was not.
Pleading guilty, but represented by a solicitor, Mr. Nicholson was tined £3 on each count, but the offence was committed two days before the new regulations came into effect and his licence was not endorsed.
N. H. Tilsley