The defendant was accused of driving whilst disqualified. He drove in breach of the conditions of a provisional licence having been disqualified until he took the test.
Held: Lord Widgery CJ: ‘That provision has appeared in the road traffic legislation for a good many years and its purpose is obvious. If the man has to take a test before his disqualification can be removed, then machinery must be provided to enable him to take the test. Taking the test involves driving on a road and thus involves the obtaining by him of a provisional licence, as was done in this case. If the defendant had been driving on the road with a qualified passenger he would have committed no offence because, although still disqualified within the meaning of section 99, he would have the specific excuse provided for him by section 98(3). He did not have a qualified driver, and the issue in this case is whether the fact that he drove in defiance of the conditions attached to a provisional licence had the effect of removing the protection of section 98(3) altogether so as to make him a driver driving when disqualified, or whether it had prosecuted under section 88(6) of the Act for failing to comply with the terms of a provisional licence. That is the issue.’ and ‘I find myself left in absolutely no doubt that section 98(3) is carefully worded so as to allow a disqualified driver to use a provisional licence on the road provided he complies with the terms of the provisional licence. I think that that is the only meaning which can be derived from the language used if given its ordinary meaning. The terms of section 98(3) provide an exemption for a disqualified driver driving on a road provided that he holds a provisional licence and drives in accordance with the provisions of that licence. I cannot understand why specific reference should have been made to driving in accordance with the conditions of the provisional licence unless it was intended that the exemption provided by the subsection should be restricted to those who drive in accordance with the provisional licence to which it refers.’ MacKenna J: ‘A person disqualified for holding a licence until he has passed another driving test is a disqualified person within the meaning of section 99. He is forbidden to drive unless he can bring himself within section 98(3). That subsection gives him a limited right to drive, notwithstanding the provisions of section 99. He can drive if he obtains a provisional licence and if he drives in accordance with the conditions subject to which it is granted. That is what section 98(3) says and it cannot reasonably be given any other meaning. If the disqualified person drives otherwise than in accordance with the conditions of the provisional licence, he loses the protection of this subsection and is caught by section 99.’
Judges:
Lord Widgery CJ, MacKenna J
Citations:
[1974] RTR 256
Jurisdiction:
England and Wales
Cited by:
Cited – Director of Public Prosecutions v Barker Admn 19-Oct-2004
Driving whilst disqualified – ban expired but no test taken – burden of evidence . .
Lists of cited by and citing cases may be incomplete.
Road Traffic
Updated: 07 December 2022; Ref: scu.220169