This offence is contrary to section 103 of the Road Traffic Act 1988. It is a summary only offence which means that it can only be tried by the Magistrates although if linked with more serious offences it may be committed to Crown Court under section 40 of the Criminal Justice Act 1988. This means the offence will appear on the indictment along with the other more serious matters since they arise out of the same set of circumstances. There is an overall time limit of 3 years to bring proceedings for this offence with the caveat that proceedings must be initiated within 6 months from the date the prosecutor acquired sufficient evidence to prosecute..
Driving Whilst Disqualified
What does it mean?
A person who is disqualified by a court from holding or obtaining a driving licence is prohibited from driving any motor vehicle on a road for the period of disqualification imposed by the court. Any driving licence held by the individual is revoked from the day of disqualification and it will be necessary to apply for the return of the licence from the Drivers Vehicle and Licensing Authority (DVLA) shortly before the end of the disqualification period. Sometimes a person is not only disqualified for a certain period of time but until an extended driving test is passed. If subject to this requirement to take a test of competence then the individual may drive once the actual disqualification is at an end but only if supervised and displaying “L” plates on the vehicle.
The Legal Definition of Driving
Besides the ordinary meaning of driving the courts have held that if a person is using the vehicle’s controls to move and direct the vehicle to a substantial degree then that person is driving the vehicle .There is much case law arising from arguments over whether a person was driving or not. For example, a person who steers his car sitting in the driver’s seat whilst another person is pushing it has been held to be driving. However, a person who both pushes and steers his car whilst walking next to the car has been held not to be driving.
For more information on:
- The Legal Definition of a Motor Vehicle
- The Legal Definition of a Road
- Burden of Proof