See also Restoration of Summary Offences after Trial on Indictment, below in this section. The offence under section 49 of the Fire and Rescue Services Act 2004. There are four categories: Thirdly, it must be established whether the vehicle concerned is a goods vehicle, or passenger vehicle as distinct provisions apply. Whilst the Community Rules (EC Regulations) apply throughout the EC, the legislation which makes it an offence to breach those regulations differs from country to country. Driving Whilst Disqualified. such proceedings must be properly recorded and the police informed; no action should be taken or departure from the standard procedure made where this might prejudice the future interest of any victim; Prosecutors must be alive to the sophistication of fraudulently produced material. For a subsequent offence, the maximum penalty is 2 years imprisonment. Driving a motor vehicle on a road whilst disqualified is a serious matter since it will usually involve the deliberate flouting of a court order. These offences are directed at either the driver or the employer. Driving while disqualified is operating a motor vehicle (or vessel or aircraft) while a previous disqualification order remains in place. In NSW, driving while disqualified is an offence under section 54(1)(a) of the Road Transport Act 2013 (NSW) to drive during a period of disqualification and under section 54(3)(a) to drive whilst suspended. The driver must be given notice in writing specifying the reason for the prohibition and its duration. If you have been disqualified from driving, and fail to adhere to the driving ban, you will be arrested and taken to the police station where you will be questioned and detained in a cell. Men sentenced for their parts in people-smuggling ring which left 39 dead They include: A criminal record (or addition to it) that will last for up to 80 years, Your immigration status (if you’re not Canadian). It is no defence that the driver failed to see the sign. Records of all production of driving documents should be kept at police stations as a national standard to safeguard the needs of victims who may have a potential claim for personal injury or financial loss. See also Shire Traction Co Ltd v Vehicle Inspectorate  RTR 518. In cases of the unauthorised taking of mechanically propelled vehicles, delay can often occur due to the gathering of forensic evidence where the offence is denied. A driving disqualification usually follows a conviction for a criminal offence such as a DWI or DUI. Driving whilst Disqualified and the Penalties (BA10 Conviction) Viewed by the Courts as a serious driving offence, the charge of driving whilst disqualified (penalty code BA10) can carry heavy punishments. This is a case study on a charge of Drive Whilst Disqualified resulting in a fine with no licence disqualification. If you are charged with a serious driving offence, you should get legal advice. Certain disqualified drivers can apply to the Local Court to have their disqualification lifted early if they have complied with their disqualification period for a minimum of two or four years (depending on the circumstances of their case). If you are convicted, your driving ban will usually be extended or, you will receive penalty points. A public place is a place to which the public, or part thereof, have access. Similar offences can be found in the following Acts: The purpose of the legislation is to regulate the hours of work by the drivers of goods and passenger vehicles in order to protect the public against the risks which arise when such people suffer from fatigue. Proof of disqualification is essential. Furthermore, considerable time will have elapsed since the alleged commission of the offences. Because self-balancing Personal Transporters do not meet the relevant requirements for use on UK roads, and because there is no separate legislation here for public road use by non-EC type-approved vehicles, they cannot be registered and licensed for use on a public road. The prosecution should not seek to secure convictions on both. The Concise Oxford Dictionary defines 'road' as a line of communication for use of foot passengers and vehicles; while in Oxford v Austin  RTR 416 it was said to be a definable right of way between two points. (c) the number of persons that the vehicle carries, driving after making a false declaration as to physical fitness (section 92(10)); failing to notify Secretary of State of onset or deterioration of disability (section 94(3)); driving after refusal of licence under section 92 or 93 (section 94A); failure to surrender licence following revocation (section 99); obtaining driving licence, or driving, whilst disqualified (section 103(1)); using an uninsured motor vehicle (section 143); making a false statement to obtain a driving licence or certificate of insurance (section 174); section 244 RTA 1960 (re offences under section 235 RTA 1960 and section 99(5) Transport Act 1968); section 47(2) VERA 1994 (re offences under sections 29, 34, 35A, 37 or regulations made under the Act); section 73 Public Passenger Vehicles Act 1982 (re offences under sections 65 or 66 of the Act). Where special reasons are put forward in cases of drink and driving, the court must consider the following factors, see Chatters v Burke  3 All ER 168: In DPP v Bristow  RTR 100 the Divisional Court stated that the key question justices should ask themselves when assessing if such special reasons existed on which they might decide not to disqualify was this: what would a sober, reasonable and responsible friend of the defendant, present at the time, but himself a non-driver and thus unable to help, have advised in the circumstances, to drive or not to drive? if evidence of excess alcohol has been adduced at the Crown Court trial, it is more than likely that it will have been taken into account for the purpose of sentencing (this will obviously be so in the case of a trial for a section 3A offence); where a defendant has been convicted of an offence contrary to sections 1 or 3A RTA, a summary offence should not normally be restored if the defendant has been disqualified for a period at least as long as the obligatory period for the summary offence; the lapse of time between the date of the offence, the Crown Court trial and the likely date of hearing for the summary matters; if the defendant has been sentenced to a period of imprisonment, restoration of a summary offence will seldom be appropriate. (g) the carrying on the vehicle of any particular apparatus, or Under s.1(3) RTOA 1988 the requirements of that section are deemed to have been met unless and until the contrary is proved. The National Protocol for Production and Inspection of Driving Documents 2002, see Annex A below, provides guidance on production of such documents. Section 103 RTA 1988 - see (Wilkinson's 11-71 to 11-79). During your free consultation, we will discuss the allegations, possible outcomes, defences to the charges and legal fees. An allegation of driving without insurance should never be withdrawn as a matter of convenience when pleas of guilty are tendered in respect of other offences. Of these, 88% (n = 38) had convictions for offences prior to the driving while disqualified offence (although some of these offences led to the disqualification in the first place) and 65% (n = 28) were convicted of offences between the year they were convicted of driving whilst disqualified and 2015. The term "mechanically propelled vehicle" is not defined in the Road Traffic Acts. The courts in the United Kingdom take driving whilst disqualified very seriously, and they have the power to impose harsh sanctions on those who are caught flouting a disqualification order. All offences under the Road Traffic Regulation Act 1984 other than those under sections 35A(2) , 43(5) and (12) , 47(3) , 52(1) , 108(3) , 115(1) and (2) , 116(1) and 129(3) or those mentioned in paragraph 1 above. It is not necessary for the information to be personally received by a justice or by the clerk. It is a mitigating or extenuating circumstance which is directly connected with the commission of the offence and which can properly be taken into consideration by the sentencing court. For many offenders their prosecution will be their only experience of criminal law enforcement. If the defence objects and the Court upholds the objection, the prosecution cannot be properly criticised for any resulting delay. In Vehicle Inspectorate v Nuttall  Crim LR 674, the House of Lords held that the Community rules placed a responsibility on employers to use tachograph records to prevent contraventions and to promote road safety. The penalties in a driving while disqualified conviction matches the severity of the offence. Section 99A TA 1968 gives police and vehicle examination officers the power to prohibit the driving of a UK registered passenger or goods vehicle. The offences under section 12(3) and 14(3) of the Drugs Act 2005. Below is a general summary of these offences, their penalties and what you can do if charged under the Act. R. 16; and Olakunori v DPP  C.O.D. The offence under section 87(1) of the Environmental Protection Act 1990. However, to establish this defence, it is not sufficient for the defendant merely to show that the breaking or removal of the seal could not have been avoided by himself; he must show that the breaking or removal of the seal could not have been avoided in itself (Vehicle Inspectorate v Sam Anderson (Newhouse) Ltd  RTR 13). Any person who aids and abets, counsels or procures the making of such a false record can be charged under s.8 Accessories and Abettors Act 1861. The only defences available are either that you did not drive or that you did not drive on a road within the definition of the relevant legislation. Summary only offence Max fine £5000 (unlimited after 12/03/2015) 3-9 penalty points and may disqualify. either orally or in writing at the time the offence was committed. The offence under section 80 of the Explosives Act 1875. A taxi driver who had a licence to ply for hire in Rossendale and whose insurance covered him for “the carriage of passengers for hire or reward under a public hire licence” was not guilty of having no insurance in spite of plying for hire in Oldham, to which his licence did not extend. In Cantabria Coach Holdings Ltd v Vehicle Inspectorate  RTR 286 the court took account of the need to ensure effective checking. the nature of the special reason and the evidence (including expert evidence) required to rebut it; what evidence can be properly served under section 9 CJA 1967 and. Where a summons is issued for failure to produce, the defendant may attempt to produce his documents at court. (f) the horsepower or cylinder capacity or value of the vehicle, In. The offence under section 91 of the Criminal Justice Act 1967. However, since that offence is summary, if a defendant has been charged with other either way or indictable offences, then charging an offence under s.3 Forgery and Counterfeiting Act 1981(which is either way) is likely to be more appropriate. Where the offence is triable summarily only, it will normally be heard by the magistrates' court which covers that area where the offence occurs, but all magistrates' courts have jurisdiction to try any summary offence – s.2(1) Magistrates' Courts Act 1980. what you think by taking our short survey. Driving whilst disqualified is regarded by the court as a very serious offence because it usually constitutes a defiance of, and contempt for, an order either of the court or a Registrar. Further exceptions to the six-month time limit appear in provisions in other Acts identical in effect to section 6 RTOA 1988. When the evidence reveals a failure to comply with both subsections (2) and (3), proceedings should be brought for both offences. government's services and McCombe LJ said, delivering the judgment of the court: “if the restriction is rendered ineffective by the operation of s.148 then the policy is to be read, as it seems to me, as if that restriction was treated as deleted in blue pencil from its wording.”. See also DPP v Vivier  Crim LR 637, DPP v Neville  160 JP 758 and Cutter v Eagle Star Insurance Co. Ltd, Clarke v Kato and Others  4 All ER 417. The Court should determine the offence category using the table below.The court should determine the offender’s culpability and the harm caused with reference only to the factors below. Whether a motorist has valid driving documents to cover his use of a motor vehicle on a road is a matter for police investigation. Under section 72 of the Highway Act 1835 (extends to England and Wales only) it is an offence to wilfully ride on the footway. by sending a notice within 14 days of the possibility of prosecution and specifying the nature of the alleged offence and the time and place where it is alleged to have been committed to the driver, registered keeper of the vehicle or rider of the cycle. Driving whilst disqualified is not the same as driving without a licence. All staff, including agents, and magistrates who deal with motoring cases should receive training so that they may be aware of the terms of this protocol. App. If prosecuted by indictment, there is a Defence electionof Court under s. 536(2) to trial by provincial court, superior court judge-alone or superior court judge-and-jury. Section 161A Highways Act 1980 (lighting fires so as to injure, interrupt or endanger users of a highway); Section 131(2) Highways Act 1980 (obliterating or pulling down a traffic sign). If different issues are in dispute and it is the intention of the prosecution to proceed regardless of the outcome of the Crown Court trial, the prosecution should consider asking for such summary offences to be heard first. On appeal, the court did not accept that a prosecution could not proceed because of a lack of warning of prosecution where police become aware of the offence after 14 days had passed. Periods of driving spent by a driver whilst performing a transport service falling outside the scope of Regulation No: 3821/85 before taking over a vehicle subject to that Regulation. The offence under section 1 of the Theft Act 1968, but only if it is the prosecutor's case that the offence constitutes low-value shoplifting within the meaning of section 22A(3) of the Magistrates’ Courts Act 1980. Driving While Disqualified. In Skills Motor Coaches Ltd, Farmer, Burley and Denman (Case C-297/99), the European Court of Justice held that time spent on activities having a bearing on driving, such as time spent reaching the pick-up point for a tachograph vehicle, would affect his state of tiredness and must be regarded as forming part of 'all other periods of work' within Article 15 of Regulation No. Road Traffic - Drug and Drink Driving Offences 2. received for the purposes of considering whether there are grounds for mitigating the normal consequences of a conviction under s.35(1) Road Traffic Offenders Act 1988 (RTOA 1988) (disqualification for repeated offences). The police should regularly update the CPS and court staff of any local or national criminal activity with regard to motoring documents and their use. Driving while disqualified can be prosecuted by the Crown as an indictable or summary offence, as detailed in the Criminal Code. Fourthly and finally, the application of any statutory exemptions must be considered. For more information see Mutual Recognition of Driving Disqualification, elsewhere in the Legal Guidance. it arose because the name and address of the accused or the registered keeper could not with reasonable diligence be ascertained within the statutory time; or. Under s.96(11)(b) TA 1968 liability also falls upon "any other person (being that driver's employer or a person to whose order the driver was subject) who caused or permitted the contravention". Motorists are required to produce their documents to a police officer on demand or at a nominated police station within 7 days. Knowledge that an operating system was defective, and that that deficiency could lead to the commission of offences, was the only knowledge required of an employer as a basis for vicarious liability. When deciding whether to restore a summary offence, the following points should be borne in mind: Nevertheless, there will be circumstances where the restoration of a summary offence, usually for excess alcohol, will be appropriate if, for example, each of the factors listed above are outweighed by factors which favour prosecution in a particular case. The court ruled that under Article 15 of EEC Regulation No: 3821/85 of 1985 a driver's obligation to record all other periods of work extends to: Sections 96 and 97(1) TA1968 create absolute offences for the driver. The offence under section 11 of the Fireworks Act 2003. A person is guilty of an offence if, while disqualified for holding or obtaining a licence, he obtains a licence, or drives a motor vehicle on a road – s.103 RTA 1988. Insurance cover is required for the use of a vehicle on a road or a public place. Should a defendant attempt to produce documents at court for the first time following a previous request for their production at a police station and it can be shown that the defendant was notified that production should initially have been made at the nominated police station, local arrangements should be agreed for the most effective method for the documents' validation by the police before the court proceeds to deal with any outstanding summonses. Have You Been Caught Driving Whilst Disqualified Or Banned? 1968, so that proceedings relating to the unauthorised taking of a mechanically propelled vehicle may be commenced at any time within six months from the date on which sufficient evidence to bring a prosecution came to the knowledge of the prosecutor. GOV.UK is the place to find It is no defence that the defendant did not think he was driving on a public road. Failure to specify the date will lead to proceedings being terminated: see David Burwell v DPP  EWHC 1069 (Admin). Not only does the offence appear to cover a situation where the seals have been physically altered or tampered with, but also the use of a correctly manufactured and correctly placed seal where it can be proved that the mere use of the seal is accompanied by an intention to deceive. The Court of Appeal allowed a Reference by the Attorney General (Attorney General's Reference No. If you do in fact have any documents that would cover your use of the vehicle on the road at the time you were asked to produce them, you must, as soon as possible, take immediate steps to produce them at the police station you originally selected when the police officer asked you to choose one (this police station will be called the nominated police station from now on). If the court subsequently considers that you should be disqualified from driving, it will let you know when you should attend court. This power to prohibit the driving of UK passenger and goods vehicles rectifies the previous anomaly whereby only the driving of foreign registered vehicles could be prohibited by virtue of the provisions of the Road Traffic (Foreign Vehicles) Act 1972. No. An example of this is where BAA has deployed a Segway Personal Transporter at Heathrow airport. Many factors must be taken into consideration before the court even begins to consider exercising that discretion. A special reason is one which is special to the facts of a particular offence. Liability for these offences falls upon the "Driver" (for the Domestic Rules) or the 'Offender' (for the European Community Rules). You need to get your license back from the local government before you can legally drive again. The offence under section 63B(8) of the Police and Criminal Evidence Act 1984. Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless he or she has been warned that the question of prosecution would be taken into consideration. Other cases on drivers' hours include Vehicle Inspectorate v Southern Coaches and Others  RTR 165. Driving while disqualified RTA 1988, s 103 creates an absolute offence of obtaining a licence or driving on a road whilst disqualified from driving. Self-balancing scooters are not classed as "invalid carriages" and so cannot be used on pavements. Our client was charged with two counts of Driving Whilst Disqualified against section 30 of the Road Safety Act 1986 (Vic). Section 96(11) TA 1968 creates offences for breach of the domestic drivers' hours code, while s.96(11)(A) TA 1968 creates offences for breaches of the European Community Regulations. This is an either way non-endorsable offence, punishable summarily by a fine or by imprisonment (maximum two years) on indictment. It is no defence to show that you did not know about the disqualification or could not reasonably have known about it. Driving a motor vehicle on the road while disqualified from holding or obtaining a licence is an offence under s 103 of the Road Traffic Act 1988 (RTA 1988).. received in proceedings held in the absence of the accused - s.11(1) MCA 1980 proof in absence; read out before the court under s.12(7) MCA 1980 (non-appearance of accused: plea of guilty); or. In R v Derwentside Justices ex parte Heaviside  RTR 384 the Court specified three ways in which a defendant could be proved to have been disqualified: Other circumstances in which the court has been satisfied that a previous disqualification has been established are as follows. It appears to an officer that an offence has been committed under section 99(5) in respect of the vehicle or its driver. Driving whilst disqualified is considered a serious offence, and as such the maximum penalty on conviction is a fine of up to £5000 and/or six months imprisonment. Driving whilst disqualified is a very serious criminal offence and could have severe consequences. However, the appeal was allowed on the basis that the certificate was invalid as it did not state the date when the prosecutor had sufficient evidence to warrant the proceedings. No mens rea is necessary (see Hill v Baxter  1 All ER 193). A court order will inform you of the duration of your disqualification. At its most basic level it is a vehicle which can be propelled by mechanical means. It is usually not appropriate to challenge the decision as it involves the exercise of discretion as the Administrative (Divisional) Court is unlikely to interfere if all relevant matters were properly considered. The offence of driving whilst disqualified, although a summary offence, can be included in the indictment if founded on the same facts or evidence, or if it forms part of a series of offences of the same or similar character as an indictable offence which has also been charged - s.40 (3)(c) Criminal Justice Act 1988. 1 of 2000 sub nom R v J T, Times LR 28 November 2000,  1 WLR 331,  Crim LR 127), against a decision to acquit on the basis that the provision of a false tachograph record did not constitute forgery contrary to the Forgery and Counterfeiting Act 1981, section 1 and section 9. Section 6 applies to the following offences under RTA 1988: Section 37 of the Vehicles (Crime) Act 2001 amends the time limit in the Theft Act. The production of driving documents at police stations will be enhanced if all agencies co-operate and fairly and firmly abide by the terms and spirit of this protocol. Acts which breach these sections will often also amount to offences of a more serious nature which carry greater penalties. Offences against traffic signs and police signals are dealt with in Sections 35, 36, 37 and 163 of the Road Traffic Act 1988. But where a disqualified person has had his driving licence returned in error by the DVLA, the prosecution should take that fact into account in deciding whether or not to proceed. Any such notice should also warn defendants of the seriousness of producing or attempting to produce any forged or unlawful documentation with attempt to deceive. But usually charges under RTA 1988 and VERA 1994 should be preferred unless a defendant has committed a series of offences on a substantial scale for personal gain. In interview, the defendant conceded that he could be the rider. No notice of intended prosecution was served on the respondent within 14 days of the offence that had been committed over a year before police recovered the DVD footage. The following are the matters listed: (a) the age or physical or mental condition of persons driving the vehicle, Section 8 warrants authorised under PACE and s.7 warrants authorised under the Forgery and Counterfeiting Act 1981. The prohibition may be removed by any officer if he is satisfied that the reason for imposing the prohibition no longer applies. The summons may also allege that you failed to produce one or more of these or other documents as required by law following a request by the police. You can also become disqualified by traffic infringement notice. A person disqualified under s.36 RTOA 1988 until a driving test is passed commits an offence under s.103 RTA 1988 if he or she drives whilst disqualified otherwise than in accordance with any provisional licence issued. For more information see mutual recognition of driving while disqualified should not be but... 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