Proceeding contribution from Baroness Hanham (Conservative) in the House of Lords on Tuesday, 22 November 2005. It occurred during Debate on bill on Road Safety Bill [HL].
Road Safety Bill [HL]
My Lords, the Minister is over-egging the pudding because no one is arguing that the court should not have an option to disqualify a driver if it is satisfied that he was culpable in what was going on. I hear what the Minister says about Section 48 of the Road Traffic Offenders Act. The clause makes it absolutely mandatory on courts to disqualify someone who has been prosecuted for taking out a vehicle which is an unfit condition for the second time within three years. The only aspect we are questioning is whether the court should have the right to make its own decision as to whether a case is serious enough to merit disqualification. It should have the option. I am sure the Minister will know that courts are less and less happy about the mandatory sentencing that is being passed down from Parliament because it does not leave them room to make their own judgments. That is the aspect we are questioning. However, I hear what the Minister says. I hope that I have made our concerns clear. I am prepared for today’s purposes to withdraw the amendment. Amendment, by leave, withdrawn. Clause 21 [Breach of requirements as to control of vehicle, mobile telephones etc.]:
Secondary information
- Type
- Proceeding contribution
- Reference
- 675 c1590-1
- Session
- 2005-06
- Chamber / Committee
- House of Lords chamber
- Subjects
- Death Dangerous driving Driving Disqualification Homicide Drugs Exemptions First aid Motor vehicles Police Powers Mobile phones Safety Roads Testing Road traffic offences Motor insurance
- Legislation
- Road Safety Bill (HL) 2005-06
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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