Diabetic penalised
Page 8
If you've noticed an error in this article please click here to report it so we can fix it.
DIABETIC LORRY driver Alfred Eddie of Fraserburgh has had his Class One hgv driving licence revoked by Scottish Licensing Authority Hugh McNamara because a tachograph check revealed his failure to abide by undertakings given that he would drive only on local runs.
At an Aberdeen public inquiry, Mr McNamara said that Mr Eddie is an insulin-controlled diabetic. He had been granted an hgv licence in April 1983 following undertakings that he would carry out only local runs — between 9am and 5pm — and that he would not drive more than one hour on any day without a meal break. The licence was renewed in 1983 when fresh undertakings were given by Mr Eddie.
In April 1984, Mr Eddie was convicted of overloading at Norwich. As a result, his tachograph records were examined by a traffic examiner. That examination revealed substantial breaches of the undertakings, including some long night journeys, having a pattern of a typical, healthy, full-time lorry driver. The breaks after one hour had not been taken in nearly all the journeys under review.
For Mr Eddie, it was said that the spirit of the undertakings had been kept since he always had food with him, which he consumed at regular intervals.
A letter from Mr Eddie's family doctor was produced saying that he saw no necessity to revoke the licence.
It was said that a report from the British Diabetic Association recommended that each case should be considered on its merits and reference was made to the case of Malcolm Bennington, in which the High Court had held that the phrase "likely to cause his driving to be a source of danger" meant something more than a bare possibility.
The High Court had directed Swaffham magistrates to reconsider their decision to uphold a decision of Eastern Licensing Authority Kenneth Peter to refuse Mr Bennington an hgv licence because he was a diabetic.
Revoking the licence with immediate effect, Mr McNamara said that it was clear that Mr Eddie had blatantly and persistently broken the undertakings given.
He had been granted a licence in the belief that he was a responsible man, who would live up to his promises. Those promises had been broken.
He clearly could not be relied upon to restrict his driving to what might have been considered safe periods and distances with adequate breaks and he was of the opinion that Mr Eddie was a risk to public safety because of his condition.