Driving Disqualified People can be disqualified from obtaining a licence for a various reasons. An analogy can be drawn from the case of DPP v Hay where it was held that once the prosecution has proved that the defendant drove the motor vehicle on a road, it is then for the defendant to show that he held a driving licence and that there was in force an appropriate policy of insurance, since these are matters that are peculiarly within his knowledge. Where no production is made at the nominated police station, the police may issue proceedings that allege either or both allegations that the motorist drove/used a motor vehicle without the proper documentation or that he or she failed to produce them as required by law. The offence is subject to a discretionary disqualification. Ordinarily, the notice should indicate that production should be made to the police station originally nominated by the driver when the request for production was first made. The following are the matters listed: (a) the age or physical or mental condition of persons driving the vehicle, A person who drives a vehicle on a road while disqualified by reason of age, commits an offence under s.87 RTA 1988, which prohibits a person driving a vehicle on a road otherwise than in accordance with a licence authorising him to do so. Some 'routine' prosecutions, for example under the Construction and Use Regulations and related provisions of the Road Traffic Act (RTA) 1988, may have special significance for the traffic commissioners when dealing with licensing applications from heavy goods vehicle operators. The offences arising by contravention of Regulations 3(9)(a) (involving a pedal cycle) and 3(9)(b) and 4(27), (28) and (30) of the Royal and Other Open Spaces Regulations 1997. Note that the 6 month time limit in section 99(6) has no effect on the either way time limit and refers only to charts actually seized under this specific power, not to charts removed under the statutory powers. They cannot be licensed for use on a road and they do not come within the categories of vehicle covered by a driving licence. Where a substantial proportion of a company's operating records for a given period have been the subject of falsification and management are involved, it is almost always the proper course to recommend that the case should be dealt with on indictment. Driving whilst disqualified is considered a serious offence, and as such the maximum penalty on conviction is a fine of up to £5000 and/or six months imprisonment. The term "mechanically propelled vehicle" is not defined in the Road Traffic Acts. 3821/85. Under s.96(11)(b) TA 1968 liability also falls upon "any other person (being that driver's employer or a person to whose order the driver was subject) who caused or permitted the contravention". It is not possible to an attempt to commit a summary-only offence unless the particular statute expressly makes it an offence. Offences of causing or permitting the uninsured use of a vehicle should be regarded as being as serious as using a motor vehicle without insurance. There are many decided cases on various aspects of the provisions - see Wilkinson's Road Traffic Offences 28th Ed. Proof of disqualification is essential. Production of driving documents at the police station in the first instance must be encouraged. It covers the elements of the offences, causation, the available statutory defences and the sentencing of offenders for obtaining a driving licence whilst disqualified and for driving … For more information see Mutual Recognition of Driving Disqualification, elsewhere in the Legal Guidance. See also Shire Traction Co Ltd v Vehicle Inspectorate [2001] RTR 518. A person is guilty of an offence if, while disqualified for holding or obtaining a licence, he obtains a licence, or drives a motor vehicle on a road – s.103 RTA 1988. To assist victims in any future claim for compensation, a written record should be kept of all relevant details about the driving documents produced to the police. In such circumstances the prosecution need to decide which is the more appropriate charge. (f) the horsepower or cylinder capacity or value of the vehicle, However, the appeal was allowed on the basis that the certificate was invalid as it did not state the date when the prosecutor had sufficient evidence to warrant the proceedings. Fourthly and finally, the application of any statutory exemptions must be considered. Driving whilst disqualified is a very serious road traffic offence for which you can go to prison. Copyright © 2019 Cory Wilson. Whether such a warning was given "at the time" is a question of degree and the High Court will not interfere in a Magistrates' Court finding on the point if there is evidence to support that finding. If necessary, the case should be adjourned for validation to be carried out by the police. The police should regularly update the CPS and court staff of any local or national criminal activity with regard to motoring documents and their use. Driving whilst disqualified is a driving offence of strict liability. Definition, see Wilkinson's Road Traffic Offences (28th edition) 15.52. This is a summary offence. Self-balancing scooters such as Segways, mini Segways, Hoverboards and single wheel electric skateboards) may not be driven on a pavement in England and Wales. So, the laws of Alberta will apply here. This power to prohibit the driving of UK passenger and goods vehicles rectifies the previous anomaly whereby only the driving of foreign registered vehicles could be prohibited by virtue of the provisions of the Road Traffic (Foreign Vehicles) Act 1972. For those that attend court without having driving documents checked at a police station, the case is highly likely be put off so that you can take the documents to the nominated police station and have them checked there. Section 127 MCA 1980 states that for all summary offences the information must be laid within six calendar months of the commission of the offence, except where any other Act expressly provides otherwise. It is a matter for police investigation. In exceptional circumstances, however, the court has the power to refrain from disqualification and can … It will often be appropriate to prosecute for both this offence and for careless driving as a result of the same incident of driving. Other cases on drivers' hours include Vehicle Inspectorate v Southern Coaches and Others [2000] RTR 165. The Court of Appeal allowed a Reference by the Attorney General (Attorney General's Reference No. The only defences available are either that you did not drive or that you did not drive on a road within the definition of the relevant legislation. The Offence Pursuant to s 30(1) of the Road Safety Act 1986 (Vic) (“the Act”), a person must not drive a motor vehicle on a highway during a period of disqualification from obtaining a licence or permit. The burden of establishing an exemption under the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 rests on the defendant on a balance of probabilities - Gaunt and Another vNelson [1987] RTR 1. If such an application is made, it should be noted that s.78 gives a discretionary power to the court to exclude evidence. You need to get your license back from the local government before you can legally drive again. The offence under section 63B(8) of the Police and Criminal Evidence Act 1984. It is no defence for a person disqualified in their absence to claim that they did not know that they had been disqualified. For example, such a situation may arise where the outstanding summary offence is a drink/drive allegation where the accused is liable to a three-year disqualification following a previous conviction. Because self-balancing Personal Transporters do not meet the relevant requirements for use on UK roads, and because there is no separate legislation here for public road use by non-EC type-approved vehicles, they cannot be registered and licensed for use on a public road. Any person who aids and abets, counsels or procures the making of such a false record can be charged under s.8 Accessories and Abettors Act 1861. The duty to determine whether any documents produced are valid does not pass to any other agency where a motorist fails to produce the required driving documents to a police officer on demand or at a nominated police station. It is regularly updated to reflect changes in law and practice. If you are convicted, your driving ban will usually be extended or, you will receive penalty points. In serious cases a conspiracy charge should be considered; Whether persons who might be guilty of the offence or offences such as office staff and drivers should be used as witnesses where they have been threatened with the sack unless they continue to act illegally. Where a vehicle is required to be fitted with a tachograph, it is a defence to a charge of using (or causing or permitting the use of) the vehicle when a seal on the recording equipment was not intact, to show (among other things) that the breaking or removal of the seal could not have been avoided (s.97(4)(a) TA 1968]. 443 DC, it was established that there was no prescribed way that identification had to be proved as this could be proved by any admissible means. Mere passive acquiescence is not enough - see Redhead Freight Ltd v Shulman [1989] RTR 1. The phrase "any person" includes, but is not limited to, limited companies or, depending upon evidential criteria, officers of such a company. The offence is equally serious, whether "use" or "causing or permitting" is involved. Driving while suspended is considered a lesser charge and is punishable under provincial law. Note that this offence requires an intention to deceive by misusing the seal in the manner stated in the section. Under section 72 of the Highway Act 1835 (extends to England and Wales only) it is an offence to wilfully ride on the footway. 1968, so that proceedings relating to the unauthorised taking of a mechanically propelled vehicle may be commenced at any time within six months from the date on which sufficient evidence to bring a prosecution came to the knowledge of the prosecutor. It is usually not appropriate to challenge the decision as it involves the exercise of discretion as the Administrative (Divisional) Court is unlikely to interfere if all relevant matters were properly considered. To protect community safety, disqualified drivers convicted of serious driving offe… The European Community Rules as set out in EEC Regulations 561/2006 and 3821/85; The domestic law contained in Part VI (sections 95 -103) of the Transport Act 1968 (TA 1968). You could be sentenced to penalty points, further disqualification or even prison. Hence time limits are of particular significance since for various reasons substantial delay may occur before it is decided to institute proceedings. address the court, after the defence, on matters of law and should remind the court that there is a two stage process: first, to determine whether there are special reasons and, second, if there are special reasons, to consider whether to exercise the court’s discretion not to endorse or disqualify (or to disqualify for a shorter period that the usual tariff of twelve months), Section 137 Highways Act 1980 (wilful obstruction of the highway), Regulation 103 Road Vehicles (Construction and Use) Regulations 1986 - (causing or permitting a vehicle to stand on a road so as to cause an unnecessary obstruction), Section 22 RTA 1988 (leaving vehicles in a dangerous position), Offences under the Criminal Damage Act 1971. See also the decision in R v J F Alford Transport Ltd [1997] Crim LR 745 in which the Court of Appeal held that a secondary offender had to intend to do the acts which he knew to be capable of assisting or encouraging the commission of the crime, but that it was not necessary that he should have intended the crime to be committed. Such a warning need not be specific but must refer to one or more of the offences to which s.1 RTOA 1988 applies. The following points need to be borne in mind: The six-month time limit applies to most summary road traffic offences, but statutory exceptions do occur. Driving whilst disqualified is not the same as driving without a licence. Mutual recognition of driving disqualifications between the United Kingdom and Republic of Ireland came into force on 28 January 2010. Acts which breach these sections will often also amount to offences of a more serious nature which carry greater penalties. The Elements of driving disqualified The prosecution must prove each of the following four elements beyond a reasonable doubt for an accused to be found guilty of this offence. A second or subsequent offence will attract a fine of over $12,000 or a term of imprisonment of up to 12 months. Driving while disqualified can be prosecuted by the Crown as an indictable or summary offence, as detailed in the Criminal Code. It is no defence for that person to say that he or she thought the disqualification had expired. It does not mean the driver has 24 hours within which to report the collision. The notice should also state that production for verification cannot be made at court and that any attempt to do so will result in expense and delay for that person as the court will still require their prior production at the nominated (or locally agreed) police station. A useful starting point to determine what rules apply to a particular vehicle on a particular journey is to establish, firstly, whether the Transport Act 1968 applies to the vehicle under s.95(2) TA 1968. There has, however, been extensive case law on the subject and the main point that emerges is what is known as the reasonable man test as per the following cases: Personal transporters, such as the Segway Personal Transporter are powered by electricity and transport a passenger standing on a platform propelled on two or more wheels. Your best chance of avoiding these punishments is to call Cory Wilson at (403) 978-6052 today for a free, no-obligation consultation. Have You Been Caught Driving Whilst Disqualified Or Banned? An allegation of driving without insurance should never be withdrawn as a matter of convenience when pleas of guilty are tendered in respect of other offences. If a constable sees you driving a vehicle and believes you are disqualified from driving they have the power to arrest you. Each case must be considered on its own facts to determine whether or not s148 applies. Disqualification is discretionary but mostly inevitable. When notice is given, prosecutors should carefully consider: The court’s finding and sentence will be in accordance with sections 34 and 44 RTOA 1988. South Australian case law indicates that even first offenders must ordinarily be sentenced to a … See also DPP v Vivier [1991] Crim LR 637, DPP v Neville [1996] 160 JP 758 and Cutter v Eagle Star Insurance Co. Ltd, Clarke v Kato and Others [1998] 4 All ER 417. This means that where an insurance policy purports to impose a restriction based on any of the matters listed above, that restriction is of no effect and the policy should be read as if the words containing the restriction had been struck out. However, since that offence is summary, if a defendant has been charged with other either way or indictable offences, then charging an offence under s.3 Forgery and Counterfeiting Act 1981(which is either way) is likely to be more appropriate. Many road traffic offences are minor in nature. The offence under section 11 of the Fireworks Act 2003. Mens rea, if it were to exist, for the offence of driving whilst disqualified, would be satisfied by an intention to do an act prohibited by the legislature. For pelican/zebra crossings and puffin pedestrian crossings see the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (SI 1997/2400). Section 214: A person convicted and disqualified for a prescribed dangerous driving offence pursuant to s 52A Crimes Act 1900 while under the influence of intoxicating liquor or with the prescribed concentration of alcohol present in the accused’s breath or blood may be disqualified by the court from holding a driver licence unless the person has first held an interlock driver … driving after making a false declaration as to physical fitness (section 92(10)); failing to notify Secretary of State of onset or deterioration of disability (section 94(3)); driving after refusal of licence under section 92 or 93 (section 94A); failure to surrender licence following revocation (section 99); obtaining driving licence, or driving, whilst disqualified (section 103(1)); using an uninsured motor vehicle (section 143); making a false statement to obtain a driving licence or certificate of insurance (section 174); section 244 RTA 1960 (re offences under section 235 RTA 1960 and section 99(5) Transport Act 1968); section 47(2) VERA 1994 (re offences under sections 29, 34, 35A, 37 or regulations made under the Act); section 73 Public Passenger Vehicles Act 1982 (re offences under sections 65 or 66 of the Act). 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