Limited Disqualification under S. 6 (1)
| Date | 01 January 1955 |
| Published date | 01 January 1955 |
| DOI | 10.1177/002201835501900108 |
| Subject Matter | Article |
"Limited
Disqualification Under
S. 6
(1)
UND ER
the
proviso to Section 6(I) of the Road Traffic
Act, 1930,
"if
the
court thinks fit, any disqualification
imposed
under
this section may be limited to
the
driving of a
motor vehicle of
the
same class or description as the vehicle in
relation to which
the
offence was committed".
This
power so
to limit disqualification applies to disqualifications
under
the
Act of 1930 generally, except
under
Part
IV. (Burrows v. Hall,
(1950) 2
K.B.
476; (1950) 2
All
E.R. 15
6;
114 J.P. 356.)
Undoubtedly
the
majority of disqualifications imposed in
our
courts are imposed in respect of offences for which, in
the
absence of "special reasons", disqualification is compulsory.
These
are
the
offences of driving or being in charge of a motor
vehicle whilst
under
the influence of drink or drugs, driving or
using amotor vehicle whilst not insured against third-party
risks and asecond or subsequent offence of dangerous driving.
What
was
the
intention of Parliament in making it com-
pulsory for courts to disqualify drivers in these three special
cases?
In
the
case of driving whilst
under
the
influence of
drink or drugs
the
measure would appear to be at
the
same
time
both
punitive and preventive.
This
is undoubtedly amost
serious offence involving a very real possibility of danger to
life or limb, not only for a second or so in
the
course of a
journey
but
during
the
whole of
the
time
that
the
vehicle is
being driven;
the
disqualification accordingly acts as a severe
punishment and also as a means of endeavouring to ensure
that
the offender will not again endanger
the
public when his
period of disqualification has expired.
The
minimum period
of twelve months' disqualification affords a periodduringwhich
he may reflect
upon
the
inadvisability of drinking to excess
whilst driving, and in which he may school himself into
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