Employers were alleged to have caused or permitted an employee to drive a vehicle on the road while not holding a driving licence authorising him to do so. When the employee had entered the employment, the employers had ensured that he held a valid driving licence but it was not their practice to check thereafter that employees renewed their driving licences.
Held: the appeal was dismissed. The employer ‘had failed to adopt any system with a view to ensuring that reasonable checks were made’.
Waller LJ, Park J
[1980] RTR 139
Road Traffic Act 1972 84(2)
England and Wales
Citing:
Applied – Baugh v Crago QBD 1975
The defendant believed that a driver was the holder of a driving licence and permitted him to use the vehicle, when the driver was not in fact such a holder. The prosecutor appealed his acquittal.
Held: Considering Newbury v Davis. The . .
Cited – Newbury v Davis QBD 1974
newbury_davisQBD1974
The owner of a vehicle agreed to lend it to someone else on condition that that person insured against third party risks. In the owner’s absence, that person drove the car on a road without insurance.
Held: The appeal against conviction was . .
Cited by:
Cited – Philip Owen Lloyd-Wolper v Robert Moore; National Insurance Guarantee Corporation Plc, Charles Moore CA 22-Jun-2004
The first defendant drove a car belonging to his father and insured by his father. The father consented to the driving but under a mistaken belief that his son was licensed. The claimant was injured by the defendant in a road traffic accident.
Road Traffic
Updated: 10 December 2021; Ref: scu.199927