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No automatic renewal of psv driving licences

28th September 1973
Page 22
Page 22, 28th September 1973 — No automatic renewal of psv driving licences
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Which of the following most accurately describes the problem?

Commissioners are imposing "experience"

test for applicants by CM reporter

• Holders of public service vehicle driving licences who do not regularly drive psv may not find it so easy to renew their licences when these expire. That is unless they live in London where psv driving licences are issued by the Metropolitan Police.

The Traffic Commissioners are reouiring proof that applicants have driven a psi/ during the currency of their licence — on the basis of a regulation whose wording could also be applied to the renewal of hgv driving licences, though there is no suggestion that this is being considered at present.

After the reintroduction of heavy goods vehicles driving licences in 1970, the Traffic Commissioners decided that they would make it a condition 19r the renewal of psv driving licences for the holder to have driven the appropriate class of vehicle during the validity of his previous licence. Proof of having done so is now required by the Traffic Commissioners before a psv driving licence is renewed. If such proof is not forthcoming, the applicant must take another test, which could involve him in heavy expenditure in hiring a suitable vehicle. The Metropolitan Police, however, make no such conditions. Environment and the Traffic Commissioners in the North Western and South Eastern traffic areas if they would point out the Regulation under which the decision had been taken. It was stated that the Traffic Commissioners had decided to use the discretion given to them under Section 144 of the Road Traffic Act 1960.

Superficially, this Section imposes no such condition for the renewal of psi/ driving licences. However. Section 144 (5) states that "A licence to drive . . . public service vehicle . . . may at any time be suspended or revoked by the authority by whom it was granted upon the ground that, by reason of his conduct or physical disability, the holder is not a fit person to hold such a licence . .

Continuing experience It is this Section on which the Traffic Commissioners are relying, to impose the condition of continuing experience.

It could be argued that the Traffic Commissioners are exceeding their powers under the Act; the implication of the section would seem to be that a licence holder's conduct must be such as to call his fitness into question, but the Commissioners are apparently applying a negative interpreta

tion. They are saying, in effect, that a psv licence holder's "fitness" may still be questioned even though he has not been guilty of any breach of good conduct.

Further, no distinction seems to be made between "a passenger vehicle" and a "psv". The holder might well have been in the habit of driving passenger vehicles during the validity of his licence but not necessarily psv. It appears that this driver, too, would have to retake the test if he wished to retain his psv licence.

Though a passenger vehicle, as distinct from a public service vehicle, can be driven under a licence issued under Part III or the Road Traffic Act 1972 — an ordinary car licence many psv driving licence holders will undoubtedly wish to retain what they already hold.

Further, the decision could have future repercussions on the renewal of heavy goods vehicle driving licences, for Section 115 of the Road Traffic Act 1972 repeats the provisions of Section 144 of the 1960 Act, almost word for word.

In that case, it is possible that the Licensing Authorities, who are after all the Chairmen of Traffic Commissioners under another guise, could decide to impose the same condition as for psv driving' licences if they so wished.

Tags

Organisations: Metropolitan Police
Locations: London

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