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know the law
Page 54
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by Les Oldridge AIRTE, AMIMI
The new h.g.v. driving licence (5)
A PERSON aggrieved by the refusal or failure of an LA to grant a licence, or by the suspension or revocation of a licence may• serve notice in writing on the Licensing Authority requiring him to reconsider the matter. He is then entitled to be heard personally or by his representative.
If he is still dissatisfied he may appeal— if he lives in England or Wales to a Magistrate's court for the area in which he resides; in Scotland he can appeal to the Sheriff within whose jurisdiction he lives. Any order made by the court or sheriff is binding. Where a driver who is the holder of a full licence appeals in this way the existing licence remains in force until the appeal is heard.
When a driver is disqualified from holding an h.g.v. driver's licence he may apply for the disqualification to be removed after the following periods: (a)two years if the disqualification is for less than four years;
(b) one half of the period of the disqualification if it is for less than 10 years but more than four years;
(c)five years in any other case including disqualification for an indefinite period. If an application for the removal of a disqualification fails a further application cannot be entertained until three months later. What is the position of the holder of an h.g.v. driver's licence disqualified from holding an ordinary licence?
Let us, then, suppose a lorry driver has his licence suspended for driving dangerously in his own private motor car, when taking his wife and children to the seaside at the weekend. Regulation 12 of the Heavy Goods Vehicles (Driver's Licences) Regulations 1969 deals with this point. The driver must forthwith notify the LA of the disqualification and send his h.g.v. licence to them. When the driver ceases to be disqualified, if he produces his ordinary licence, his h.g.v. licence will be restored to him providing it has not expired or been revoked or a period of suspension is still current on it. When a heavy goods vehicle driver's licence is lost or defaced a duplicate may be obtained from the LA on the payment of a fee of 5s. In the case of the defaced licence ii must be returned to the LA before the new one can be obtained. With regard to the lost licence, if after the duplicate licence has been issued, the original is found, and the holder is aware that it has been found he must inform the LA, and if the found licence is not in his possession he must take all reasonable steps to recover it and having done so he must return it to the LA.
The driver of a heavy goods vehicle on a road must produce his driving licence to a police officer or a Ministry of Transport examiner on demand so that the name and address of the holder, the date of issue, and the authority by whom it was issued can bq ascertained. If production is demanded by an examiner the holder of the licence must give his name and address and acknowledge that information recorded by the examiner on his record sheet is correct by signing the record sheet.
The same rules regarding the production of a licence apply to a driver who is acting as t supervisor of a provisional licence holder. If anyone is unable to produce his h.g.v. driver's licence to a police constable when it is demanded he may produce it in person any time, within five days at a police station nominated by him (the same procedure in fact, as has been in force for many years in respect of the ordinary licence.) If production is demanded by an MOT examines it will be in order if the licence is produced within 10 days at the office of the examines or at any office of a Licensing Authority nominated by the driver at the time production of the licence was required.
A police officer may also require production of the h.g.v. driver's licence if he has reasonablecause to believe that the drivel has been involved in an accident with ar h.g.v. or has committed an offence whik driving an h.g.v. even though the officer ha not seen the driver driving the vehicle.