The applicant held a heavy goods vehicle licence. He became diabetic. The licensing authority refused to renew his licence. He appealed.
Held: The justices had used the wrong test, saying he could not be said not to be likeley to suffer a hypoglycaemis attack. The test should be whether the disability was likely to cause the driver’s actions so as to be a danger. They had no jurisdiction to extend the effect of the licence, but since they had made a decision wrong in law, and the matter was to be remitted, the licence would stay in effect until they reached their decision.
References: Times 11-Feb-1984, [1984] RTR 383
Judges: Woolf J
Statutes: Road Traffic Act 1972 118(2), Heavy Goods Vehicle (Drivers’ Licences) Regulations 1977 (1977 No 1309) 3
Jurisdiction: England and Wales
This case is cited by:
- Cited – Griffin v Westminster City Council CA 28-Jan-2004
The claimant sought emergency rehousing saying that he was a vulnerable person within section 189. The court at first instance had overturned the rejection of his claim by the authority.
Held: The test set out in the statute was to be followed . .
(Times 04-Feb-04, , [2004] EWCA Civ 108, Gazette 11-Mar-04, [2004] HLR 32)
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.192637