‘Disqualified’
| DOI | 10.1177/002201834701100208 |
| Date | 01 April 1947 |
| Published date | 01 April 1947 |
| Subject Matter | Article |
·Disqualified'
Isadriver whose licence has been revoked
by
the
licensing
authority
in exercise of
its
powers
under
Section 5
(4)
of
the
Road
Traffic Act 1930 to be regarded as being dis-
qualified either for
the
purpose of a prosecution for driving
whilst disqualified or for
the
purpose of insurance? The
point
is one upon which there appears so
far
to
have
been no judicial decision, perhaps because aconsideration
of
the
Act itself seems
to
place
at
any
rate
the
first
part
of
the
question beyond argument.
Let
us first examine
the
relevant portions of Section 5.
Subsection
(1)
enacts
that
"On
an
application for a licence
the
applicant shall make adeclaration
in
the
prescribed
form as
to
whether or
not
he is suffering from
any
such
disease or physical disability as
may
be specified
in
the
form or
any
other
disease or physical disability which would
be likely
to
cause
the
driving
by
him of a motor vehicle
....
to
be a source of danger to
the
public".
At
the
present time
the
form referred to in this Section
is
the
one prescribed
by
the
Motor Vehicles (Driving
Licences) Regulations 1937 which is
set
out
in Schedule I
of those Regulations.
The diseases
and
physical disabilities specified in
the
form appear in Questions 11 to 14 inclusive.
They
are:
in Question 11, epilepsy, sudden
attacks
of disabling giddi-
ness or faintness;
in
Question 12, inability
to
read
at
a
distance of 25 yards in good daylight amotor-car number-
plate
containing 6letters
and
figures; in Question 13,
absence of a
hand
or foot or certain defects in
an
arm
or
leg;
in Question 14,
any
other
disease mental or physical
or disability which would be likely
to
make
it
dangerous
for
the
applicant to drive.
In
passing
it
is interesting
to
note
that
the
form specified
by
the
Regulations includes
mental disability, which is
not
mentioned in
the
1930 Act.
Sub-section
(2)
of s. 5 enacts
that
alicensing
authority
214
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