DRINKING & the RIGHT to DRIVE
| DOI | 10.1177/026455058202900110 |
| Published date | 01 March 1982 |
| Author | David Godson,Christopher Mitchell |
| Date | 01 March 1982 |
| Subject Matter | Articles |
DRINKING &
the RIGHT to DRIVE
David Godson &
Christopher Mitchell
Probation Officers, Hampshire
The authors draw our attention to a piece of proposed legis-
lation which appears to be theoretically faulty, and could
produce some ethical problems for probation officers.
On the 26th March 1981 Kenneth
victed twice in ten years of having a
Clarke, Parliamentary Secretary for
blood alcohol level in excess of 200mg
Transport, revealed that the Government
per 100ml.
planned to take new powers under Sec-
It is not difficult to foresee that pro-
tion 87 of the Road Traffic Act of 1972,
bation officers could find themselves
i.e. that section which as in the case of
involved in such cases, i.e. the courts
the epileptic, details requirements as to
may feel that drivers disqualified under
the physical fitness of drivers. The new
the proposed legislation might benefit
powers will affect persons convicted of
from a period of probation, perhaps with
drinking and driving offences who are
a condition of medical treatment.
subsequently disqualified, and will take
the form of restrictions on their ability
The Right to Drive
to
re-apply for a driving licence.
The proposal raises a number of
Explaining the proposals Kenneth Clarke
issues, not least of which, is the poten-
declared:
tial threat to the fit person’s right to
drive. This threat is illustrated by the
In broad principle, there is no reason why
apparent requirement that the offender
anyone with a drink problem should be
provide evidence of having obtained a
treated differently from any other person
with
cure from his supposed drink depen-
a disability which might render him
a danger to others on the road if he held
dency whether a medically defined drink
a driving licence. We are therefore work-
problem exists or not.
ing on the introduction of procedures to
In our view, in comparison with the
enable us, in effect, to withhold a licence
for someone with a drink problem who
epileptic, the supposed disability of...
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