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Disqualified Driver May Still Drive

26th May 1950, Page 36
26th May 1950
Page 36
Page 36, 26th May 1950 — Disqualified Driver May Still Drive
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Which of the following most accurately describes the problem?

AST Friday. the King's Bench 1-i Divisional Court decided that a lorry driver disqualified from holding a driving licence, will not be prevented' from following his occupation.

The court dismissed a police appeal from the decision of the Recorder of Rotherham. who had limited to the driving of a car the disqualification of Mr. Richard James Burrows, of Locks Icy Drive. Thurcroft. a lorry driver. convicted by Rotherham .magistrates of driving an uninsured car.

The • Lord Chief Justice (Lord Goddard) said Burrows owned the car and he appealed to Quarter Sessions against the disqualification order. The Recorder held that the court was bound to impose disqualification, but had power to limit it to the driving of the class of vehicle in respect, of which the offence was committed.

The effect of exercising that power. as the Recorder had done, was that 'Burrows would not be prevented from following -his occupation as a lorry driver. The police contended that on the true construction of the relevant sections of the Road Traffic Act, the Recorder's decision was wrong in law.

In the opinion of the court the Recorder was right in the view he took that he could limit the disqualification and it was a proper case in which to exercise that power.

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Organisations: Divisional Court

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