Clause 25 - Using vehicle in dangerous condition etc.
Road Safety Bill [Lords]
5:15 pm
Stephen Ladyman (Minister of State, Department for Transport; South Thanet, Labour)
I can give the hon. Gentleman the assurance that he seeks. I agree with him entirely; in the circumstances that he described, it would be inappropriate for the individual to be held responsible. Section 48 of the Road Traffic Offenders Act 1988 provides for the following:
“Where a person is convicted of an offence under section 40A of the [1988 c. 52.] Road Traffic Act 1988 ... the court must not—
(a) order him to be disqualified, or
(b) order any particulars or penalty points to be endorsed on the counterpart of any licence held by him,
if he proves that he did not know, and had no reasonable cause to suspect, that the use of the vehicle involved a danger of injury to any person.”
For example, if an employee is ordered to drive a vehicle, so long as he can demonstrate that he did not know, could not reasonably have known and had no grounds for suspecting, that the vehicle was dangerous, clearly, he would have a complete defence against prosecution.