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A The delay by the DVLA in renewing your licence

8th August 1991, Page 21
8th August 1991
Page 21
Page 21, 8th August 1991 — A The delay by the DVLA in renewing your licence
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Which of the following most accurately describes the problem?

would not result in you committing an offence in the UK.

Section 164(8) of the Road Traffic Act 1988 states that a driver charged with failing to produce a driving licence can defend himself by proving that: 0 he produced the licence in person within seven days at a police station he specified; 0 he produced it in person as soon as it was reasonably practicable; 0 it was not reasonably practicable for him to produce it at the police station before proceedings started.

When your HGV licence is renewed it will be returned to you as an entitlement to drive large goods vehicles and will be recorded on your ordinary licence by the addition of the appropriate categories.

But if the police ask to see your HGV licence before the starting date of the new licence, the time allowed is not as flexible as under Section 164 due to an omission in the legal changes on 1 April.

Under the Heavy Goods Vehicles (Drivers Licences) Regulations 1977, when production of an HGV licence was required by the police a driver could produce it within seven days at a police station he specified, or after seven days if he showed he produced it as soon as was reasonably practicable.

But these regulations ceased to have effect on 1 April and were replaced by the Motor Vehicles (Driving Licences) (Heavy Goods and Public Service Vehicles) Regulations 1990. In relation to the production of an existing HGV licence, they have reproduced only that part allowing production within seven days and have omitted the "after seven days" concession.

As a result the delays in licences being returned by the DVLA could result in drivers being unable to produce an HGV licence within the seven days allowed.

The problem of being unable to produce a driving licence when required by the police on the Continent remains unsolved.

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