Northern Ireland
| DOI | 10.1177/002201837003400305 |
| Date | 01 July 1970 |
| Published date | 01 July 1970 |
| Subject Matter | Article |
Northern Ireland
COURT
OF
CRIMINAL
APPEAL
PROVISIONAL
LICENCE
HOLDER'S
RIGHT
TO
DRIVE
McGimpsf:Y
v.
Carlin
IN
Hunter
v.
Coombs
(1962, IW.L.R. 573),
the
English Divisional
Court
pronounced,albeit
obiter,
upon
the
questionwhether the driver
of
amotor-vehicle who breaks
the
conditions of
the
licence
under
which he drives
can
thereby be said to be driving while disqualified.
The
appellant in
that
case
had
been convicted of a driving offence
and
disqualified until he passed a driving test. He obtained apro-
visional licence,
but
drove without exhibiting
"L"
plates.
The
Court
expressed the view
that,
if
the information
had
not
been defective, he
could have been convicted of
an
offence of driving while disqualified,
contrary to s.I
10
of
the
Road
Traffic Act, 1960. This decision follows
that
of
the
Scottish Courts in
Stewart
v.
Patterson
(1959, S.L. T.
(Sh.
Ct.)65). These decisions
may
be justified in view
of
the pro-
visions of
the
relevant legislation.
The
Act of 1960 provides
that
a
provisional licence is
"granted
subject to
the
prescribed con-
ditions"
and
that
aperson disqualified by a
court
who obtains a
provisional licence (to enable
him
to take the test) is only "entitled
to drive amotor vehicle in accordance with the conditions subject to
which the provisional licence is
granted".
It
is clear, therefore,
that
the
conditions
attach
not
only to the licence holder,
but
to the
nature
and
scope of the licence itself:
the
licence is no more
than
a
licence to drive in accordance with
the
conditions.
In
McGimpsf:Y
v.
Carlin
(1969, N.J. 116), however,
the
Court
of
Appeal in
Northern
Ireland
has come to a different conclusion
upon
the
legislation obtaining there.
In
that
case, the respondent
had
been
convicted of dangerous driving causing
death
and
was disqualified
from holding adriving licence for five years.
The
Road
Traffic Act
(Northern Ireland), 1955, provides, by s.58(2)
that
aperson so
disqualified shall be deemed to be disqualified until tested.
In
order
to pass such a test, a provisional licence must be obtained.
The
respondent in
the
instant case obtained the necessary provisional
licence
but
drove avehicle unaccompanied by
any
person, even
though he
had
not
then
passed his driving test
and
was therefore still
disqualified from holding an ordinary licence.
It
is clear
that
he
187
To continue reading
Request your trial