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Q Is it possible for a driver to lose his hgv

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22nd September 1972

Page 217

Page 217, 22nd September 1972 — Q Is it possible for a driver to lose his hgv

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licence for driving a vehicle with mechanical defects? A Regulations do not specifically state

that a driver would lose his hgv driving licence for driving a vehicle with mechanical defects. Section 115 of the 1972 Road Traffic Act states that such a licence may be suspended or revoked by the Licensing Authority on the grounds that ". . by reason of his conduct as a driver of a motor vehicle . . . the holder is not a fit person to hold such a licence."

However, it is possible that the driver of a vehicle which was found to have mechanical defects (depending on what these were) could be prosecuted under Section 93 1(a) of the 1972 Road Traffic Act for contravention of the Construction and Use Regulations. Disqualification so far as his ordinary licence is concerned could follow if the offence committed was concerned with using, causing or permitting the use of any motor vehicle or trailer, "so as to cause or to be likely to cause danger by the condition of the vehicle or its parts or accessories . ." or if the offence committed was in breach of a Construction and Use requirement as to brakes, steering gear or tyres.

If a driver were to be disqualified in such circumstances (bearing in mind that disqualification in such instances is only discretionary and would not follow if the offender proved that he did not know and had no reasonable cause to suspect that the facts of the case were such that the offence would be committed) he would be required under Section 12 of the Heavy Goods Vehicle (Drivers' Licences) Regulations 1969 to notify the Licensing Authority of the fact and deliver his hgv driver's licence to the Authority. He would not then be allowed to drive heavy goods vehicles for the relevant period.

It is therefore possible, by this indirect means, for a driver to lose his hgv driving licence for driving a vehicle with mechanical defects.