§ Clause 4, page 5, line 28, at beginning insert ("subject to the provisions of this Act with respect to provisional licences")
§ Clause 4, page 5, line 28, after ("revoke") insert ("or surrendered")
§ Clause 4, page 5, line 33, after ("examination") insert ("so as to enable the police constable to ascertain the name and address of the holder of the licence, the date of issue and the authority by which it was issued")
§ Clause 5, page 7, line 14, leave out ("the applicant") and insert ("an applicant who is suffering from a disease or disability other than a disease or disability prescribed as aforesaid")
§ Clause 5, page 7, line 27, after ("for") insert ("the grant of")
§ Clause 5, page 7, line 32, leave out from ("proviso") to ("unless") in line 34, and insert ("a further test shall not be required")
§ Clause 6, page 9, line 2, leave out ("an offence under this Part of this Act") and insert ("any criminal offence")
§ Clause 6, page 9, line 3, at end insert ("not being an offence under Part IV of this Act)")
§ Clause 7, page 9, line 30, leave out ("the") and insert ("a")
§ Clause 8, page 11, line 37, after ("endorsed") insert ("and who has not previously become entitled under the provisions of this section to have a licence issued to him free from endorsement")
§ Clause 8, page 11, line 40, after ("months") insert ("or to a fine not exceeding fifty pounds")
§ Clause 8, page 11, line 41, after ("months") insert ("or to a fine")
§ Page 12, line 9, after ("shillings") insert ("and subject to surrender of any subsisting licence")
§ Page 12, line 29, at end insert ("Where the disqualification to which a person has become subject is limited to the driving of a motor vehicle of a particular class or description the licensing authority to whom that person's licence has been forwarded under this subsection shall forthwith after the receipt thereof issue to that person a new licence on which there shall be indicated in the prescribed manner the class or description of which the holder of the licence is not thereby authorised to drive, and the licence so issued shall remain in force either for the unexpired period of the original licence or for the period of the disqualification, whichever is the shorter")
§ Clause 9, page 13, line 2, leave out ("regularly") and insert ("in the habit of")
829§ Clause 9, page 13, line 5, after ("cycle") insert ("or an invalid carriage")
§ Clause 9, page 13, line 12, leave out ("regularly engaged in") and insert ("in the habit of")
§ LORD PONSONBY OF SHULBREDEMy Lords, these Amendments are all drafting or consequential, but I may say a word on Clause 4, page 5, line 33. This Amendment was inserted in the Committee stage in the House of Commons. The effect of it is that a police constable who requires the production of a driving licence is not entitled to look at any endorsements which may be on the licence.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Ponsonby of Shulbrede.)
§ EARL HOWEMy Lords, before these Amendments are agreed to, there is one point I would like to put to the noble Earl in connection with Clause 6. There is an Amendment down to Clause 6 to leave out "an offence under this Part of this Act" and to insert "any criminal offence." I would like to ask what we are to understand by the words "any criminal offence"? The clause provides that the court may disqualify for holding a motor driver's licence for offences in connection with tike driving of a motor vehicle such as are specified in Clauses 9 to 20; and the offences are: driving under age; third conviction for exceeding the speed limit; second conviction for reckless driving; third conviction for reckless driving; any conviction for driving when drunk, or being drunk in charge; pillion riding in contravention of Clause 16 (1); offences in connection with trailers; offences in connection with hours of duty; and also the offence of failing to give name and address. The point is that the correct interpretation of the expression "any criminal offence" will, I submit, very largely depend upon what is actually said upon this point during the passage of the Bill. The Amendment was made, I understand, in another place on Report stage, and it was explained by the Solicitor-General that it was a drafting Amendment to go with the succeeding Amendment, which is to ensure that a man may be disqualified by the Judge by virtue of a conviction for manslaughter from obtaining a licence. But the Amendment does appear to be one of substance and to require a little explanation.
EARL RUSSELLMy Lords, the explanation given in another place is the complete explanation. The Amendment really is very little more than a drafting Amendment. The words are "an offence under this Part of this Act in connection with the driving of a motor vehicle'. An offence under this Part of the Act would not include a conviction for manslaughter before a Judge at Assizes, and he would be without the power of a police court to disqualify or suspend the licence, or to endorse it. It is thought proper in such cases that he should have the power which magistrates would have for a very much smaller offence.
§ EARL HOWEIs it clear that "any such criminal offence" does not include such offences as driving under age, and the other things that I quoted?
EARL RUSSELLI think "any criminal offence" would be any offence that would properly be endorsed upon a licence, but it must be in connection with the driving of a car.
§ On Question, Motion agreed to.