HL Deb 25 January 1962 vol 236 cc971-2

3.4 p.m.

LORD MONTAGU OF BEAULIEU

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

[The Question was as follows:

To ask Her Majesty's Government when they intend to bring Section 102 (4) of the Road Traffic Act, 1960, into effect.]

THE PARLIAMENTARY SECRETARY, MINISTRY OF TRANSPORT(LORD CHESHAM)

My Lords, my right honourable friend, the Minister of Transport, proposes to make an Order to bring this section into operation on April 1st, 1962. After this date licensing authorities will be able to refuse to grant a further provisional licence to an applicant who is vulnerable under the section. I must add, however, that full application of the section could create an appreciable additional burden on the driving test organisation and this could result in a longer waiting list for tests. Therefore, my right honourable friend will invite licensing authorities to limit the exercise of their power to refuse further provisional licences in appropriate circumstances to applicants who have held more than seven provisional licences. He will consider whether this number can be progressively reduced in the light of the capacity of the driving test organisation to meet any increased demand for tests arising from the operation of the section.

LORD MONTAGU OF BEAULIEU

My Lords, I should like to thank the noble Lord for his reply. At least this is making an attempt to meet a situation which has been a serious abuse of the provisional licences. I am sure that many road safety organisations will welcome this move. I should like to ask my noble friend one question. In view of the fact that the provision is a little complicated for the ordinary layman to understand, could a memorandum be sent round to councils so that they can explain to people exactly what this means?

LORD CHESHAM

My Lords, the matter has already been discussed with representatives of regional conferences of licensing authorities, but I will bear in mind what my noble friend says and see that proper explanation and publicity is given so far as can be to this matter.

LORD DERWENT

My Lords, my noble friend used the phrase, "in appropriate circumstances." The Minister will ask licensing authorities to exercise this power in appropriate circumstances after seven provisional licences have been held. Can he explain what "appropriate" or "inappropriate" circumstances are in this connection?

LORD CHESHAM

My Lords, what I meant by saying "appropriate circumstances" is that Section 102 (4) of the Road Traffic Act is not mandatory but is permissive on councils, so that they have a discretion whether to refuse a further provisional licence or not. In the exercise of that discretion there may be some legitimate circumstances where they should not refuse a licence. That is what is meant by those words.

LORD DERWENT

I am obliged to my noble friend.

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