Disqualification and endorsement: 1
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Les Oldridge, T Eng (CEI), IMI, AMIRTE
ART from jail, which can be scribed in very few cases, the St severe punishment a court impose for contravention of raffic law is disqualification -n driving for a period.
Disqualification can be conered an unfair penalty. For a or bus driver 12 month's
means that his livelihood i gone, whereas to the "Sunv afternoondriver this rely means that he is denied ,asure motoring for 12 nths. But it can be argued it the professional driver ads a more responsible )roach to his driving behavi
• than the amateur.
Section 93 of the Road Traf-. Act 1972 lays down that for ne offences a ban is "obligey" while in others it is "disitionary-. Where it is bligatorythe offender must disqualified from driving for months or more by the court, less there are "special reelsfor not going so. "Special sons" has a limited meaning ich will be discussed later. The offences which carry the ligatory disqualification -laity are listed in Schedule 4 the Act. They are: mansighter, or in Scotland culpe homicide by the driver of a itor vehicle.: causing death by :kless driving; reckless ving if committed within ee years of a conviction for a iilar offence: driving while fit to drive through drink or Ags; driving or attempting to ve with blood-alcohol con-itration above the prescribed lit; failing to give a blood or ne sample after having been ving or attempting to drive a )tor vehicle and engaging in ing or speed trials on the Jhway.
Schedule 4 lays down disationary disqualification for 3 following offences: careless d inconsiderate driving; iving under age; being in arge of a motor vehicle when
unfit to drive through drink or drugs; being in charge of a motor car with blood-alcohol concentration above the prescribed limit; failing to provide a specirnan of blood or urine when in charge of a motor vehicle but not driving it or attempting to drive it: certain motorcycle pillion passenger offences; failure to obey a policeman's signal or a traffic sign; leaving a vehicle in a dangerous position; failing to stop after an accident; contravention of Construction and Use Regulations relating to safety of vehicles ortheir load; driving without a licence; failing to comply with the conditions prescribed for driving with a provisional driving licence; driving with uncorrected defective eyesight; unauthorised stopping on a motorway; contravention of pedestrian crossing regulations; failure to obey a school crossing sign, contravention of a street playground order; and exceeding a speed limit.
In all cases where obligatory or discretionary disqualification is specified an offender's licence must be endorsed even if the disqualification is not imposed, so, in fact, any driver found guilty of one of these offences will have his licence endorsed unless the court finds there are "special reasonsfor not doing so. The holder of a licence is entitled to have the endorsement removed after four years.
In cases of driving while being unfit because of drink or drugs; driving or attempting to drive with blood-alcohol concentration above the prescribed limit or failing to provide a specimen of blood or urine (where the latter was an offence involving obligatory disqualification) then the endorsement must remain on the licence for 11 years.
A special reason for the court not disqualifying must be special to the particular facts — a mitigating or extenuating circumstance, not amounting in law to a defence to the charge yet directly connected with the commission of the offence, and one which the court ought properly to take into consideration when imposing punishment.
A circumstance peculiar to the offender is NOT a "special reason-. R v Wickens (1958) 42 Cr A App R 226; Whittall v Kirby (1947) KB 194; R v Steel (1968) Crim LR 450. Following the principle set out in these judgments the fact that a lorry driver had a wife and six children to support and that the loss of his licence would mean the "sack" so that great hardship for the whole family would result is NOT a "'special reason". A drink "laced" unbeknown to the driver is a "'special reaon for not disqualifying.
Because the loss of a licence is so serious to a driver, there have been many appeals. As a result there is a wealth of case law on this subject.
The following cases illustrate what MAY constitute a special reason: Driver not warned of possible effect of a small quantity of alcohol in conjunction with drugs taken on medical advice, R v Holt (1962) Crim LR 565.
A driver had three small whiskies, but had also been inhaling trichloro-ethylene fumes which, unknown to him, had the effect of rendering him unfit to drive. Brewer v Metropolitan Police Commissioner (1969) 1 WLR 267, Medical emergency may constitute a special reason if an unexpected situation arises in which a man has been drinking but not intending to drive is impelled to drive a motor car by a sudden medical necessity. Brown v Dyerson (1968) 3 WLR 615.
The following are instances which ARE NOT special reasons: No previous motoring convictions. Whittall v Kirby (1947)KB 194.
Officer having Territorial Army duties which would be prejudiced by disqualification. MTadyean v Burton (1952) SLT 30.
Invalid driving 400yd on deserted road with excessive quantity of alcohol in his blood because he had no other means of reaching home. Mullarkey v Prescott (1970) RTR 296.
Medical student who may be expelled from University. Carnegie v Clark (1947) SLT 218. Driver tired and short of food, fit to drive when starting journey, later overcome by small quantity of drink. Archer v Woodward (1959) Crim LR 461.
The fact that an Army driver was being posted to Northern Ireland where he would be required to drive vehicle in an emergency was not a special reason. Gordon v Smith (1971) RTR 52.
More about disqualification and endorsement of driving licences in the next article, particularly details of disqualification following the "totting-up" procedure.