HC Deb 28 June 1934 vol 291 cc1444-5

11.19 p.m.

Lieut.-Colonel HEADLAM

I beg to move, in page 4, line 34, at the end, to insert: Provided that where within the three years next before the date on which he is convicted for an offence under this section the offender has been convicted for an offence under section eleven of this Act that conviction shall be treated for the purposes of this sub-section as if it had been a conviction for an offence under this section. This Amendment is in fulfilment or a promise given by my hon. Friend to the Committee. The effect of the proviso will be that a person convicted for careless driving will not be treated as a first offender if he has been convicted of dangerous driving in the preceding there years. There was a good deal of discussion on the point in Committee, and my hon. Friend gave an undertaking to put in this Amendment.

11.20 p.m.

Sir W. BRASS

In Committee the Minister gave an undertaking that, as far as the speed limit was concerned, the endorsement of a licence should only last for one year. I do not see in this Amendment anything about the limitation to one year, and should be glad if my hon. and gallant Friend could explain how that promise is implemented in the Amendment.

Lieut.-Colonel HEADLAM

My hon. and gallant Friend will find that that question comes up on the next Amendment which I shall move.

Amendment agreed to.

11.21 p.m.

Lieut.-Colonel HEADLAM

I beg to move, in page 4, line 34, at the end, to insert: (3) The following sub-section shall be substituted for sub-section (5) of section eight of the principal Act:— (5) "Where an order has been made in respect of a person under this Part of this Act, or the corresponding provisions of any Act repealed by this Act, requiring the-endorsement of any licence held by him, he shall be entitled, either on applying for the grant of a licence under this Part of this Act or subject to a payment of a fee of five shillings and subject to surrender of any subsisting licence on application at any time, to have issued to him a new licence free from endorsements—

  1. (a) if he has, during a continuous period of three years or upwards since the order was made, had no such order made against him, or no such order other than an order made more than one year before the date of his application, and by reason only of a conviction for the offence of driving a motor vehicle at a speed exceeding a speed limit; or
  2. (b) where the order was made by reason only of such a conviction as aforesaid and immediately before the order was made he was the holder of, or was entitled to have issued to him, a licence free from any endorsement or free from any endorsement except of particulars in relation to such a conviction as aforesaid, if he has during a continuous period of one year or upwards since the order was made had no order requiring endorsement made against him:
Provided that in reckoning the said continuous periods of three years and one year, respectively, any period during which the applicant was by virtue of the order disqualified for holding or obtaining a licence shall be excluded. This provides that a man shall not be debarred from getting a clean licence if his only endorsement is one in respect of a conviction more than a year old for exceeding the speed limit. That was my hon. Friend's promise.

Amendment agreed to.