'Driving Licence Penalties Should be for Driving Offences Only
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A MEMORANDUM submitted to the 1-1. Ministry of Transport by the Road Haulage Association, in agreement with the Automobile Association, British Road Federation, Passenger Vehicle Operators Association, Royal Automobile Club, Scottish Road Passenger Transport Association and Traders Road Transport Association, says: "It is manifestly unjust and quite illogical to endorse the driving licences of persons for offences which are not committed in their capacity as drivers".
The memorandum is particularly concerned with the consequences of paragraph 19 of Part II of the First Schedule to the Road Traffic Act, 1962. This provides for the endorsement of a driving licence, or sometimes the disqualification of the holder, for causing or permitting the vehicle to be used in contravention of certain provisions of the Construction and Use Regulations.
The R.H.A. supported an appeal by a member, Mr. K. P. Venables, against a sentence involving the endorsement of his driving licence for the offence of having used one of his commercial vehicles with defective brakes. The dismissal of the appeal, says the association, showed that even though an operator did everything in his power to prevent infringements of the law in the operation of a vehicle, he could expect to have his driving licence endorsed and, presumably, if further similar offences occur within three years, to be disqualified for six months.
"The fitness of a firm's vehicles depends upon the effectiveness at all times of the proprietor's administration, the co-operation of his drivers and, often, on the efficiency of other categories of his staff ", the memorandum states. "When one of his vehicles is found to be in an unsuitable condition it seems right that he should be punished by fine (or even imprisonment in serious cases) for what is in effect a defect in that administration, but as the offence is not related in any way whatsoever to his capacity, fitness or conduct as the driver of his own private motorcar, the penalty of endorsement is not only inappropriate but thoroughly inequitable.
"It is also a matter of concern to the transport organizations that the penalty of endorsement is discriminatory, for in practice it is the members of partnerships or sole traders, but not the officers of companies or of statutory authorities, who are exposed to the risk of this kind of penalty."
R.H.A. Discuss Carnets T"proposed tightening-up of the TIR carnet scheme (The Commercial Motor, January 24) was discussed at this week's meeting of the Road Haulage Association's international group, and it is expected that the question will he finalized at the IRU Congress to be held at Cannes from May 31 to June 4.
The international group meeting re-elected Mr, J. A. Murry as chairman and Mr. T. W. Ellis and Mr. C. J. Oliver as .vice-chairmen.