Edwards v Griffiths 1953
In 1951, G passed a driving test and was granted a driver’s licence for twelve months. After the expiration of the licence he applied for a new licence which was refused because he was under the supervision of the local health authority under the provisions of the Mental Deficiency Acts 1913 to 1938 (now repealed).
In February 1953, he drove a motor tractor belonging to his employer and was charged with driving a motor vehicle without a policy of insurance being in force. The certificate of insurance of his employer contained a proviso that the driver must hold a licence to drive the vehicle or that he must have held one and not be disqualified for holding or obtaining such a licence.
The justices were of opinion that “disqualified” in the insurance certificate meant disqualified by an order of the court in accordance with s 4(6)(b) of the Road Traffic Act 1930 (now repealed), and not prohibited from obtaining a licence by reason of mental or physical disability, and they dismissed the information.
E appealed.
Held
Appeal dismissed.
The court agreed with the justices interpretation of “disqualified” and that it did mean a disqualification by order of the court under section 4(6).
The court commented that the words “and is not disqualified for holding or obtaining such a licence” following immediately after the words “has held” seem to indicate clearly that the insurers are contemplating the case of a man who has held a licence, but has been disqualified for holding it, meaning disqualified for getting a new one or holding his current licence by reason of an order of the court.
G was not so disqualified; and, therefore, he was covered by the certificate and no offence was committed.
Reproduced with permission of Reed Elsevier (UK) Limited, trading as LexisNexis.
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