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PostPosted: Thu Nov 25, 2010 10:35 pm 
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Joined: Wed Sep 03, 2003 7:30 pm
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Location: 1066 Country
Taken from the IoL site

Court disqualifies unlicensed driver

A former licensed driver in Rother DC in Sussex who continued to operate after his licences expired has been disqualified from driving for 9 months following a request by Rother's Licensing Lawyer Andy Eaton that the court use their power under S.146 Power of the Criminal Courts (Sentencing) Act 2000.

Magistrates have the power to disqualify anyone who is convicted for any offence, albeit they are reluctant to use that power. In this case it was made clear that the power should be used as the driver openly advertised his unlicensed business, and openly boasted to the licensed trade how busy he was. He was stopped as part of a joint operation with Sussex Police and prosecuted for having no Operator, Driver or Vehicle licence under the 1982 Act, together with the offence of having no insurance for hire or reward. The council outlined that preventing the driver from continuing to defy the law was extremely difficult owing to the resources needed to monitor that behaviour. In addition to the disqualification he received 6 points on his licence and was ordered to pay £400 towards costs.

Those Councils who are not aware of this provision in the 2000 Act should consider it's use more often as it provides an immediate and effective way to stop rogue drivers.

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