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R. v. Donough J. Mahon, Crim. Rev. 23-A-67, 29/8/67, Platt J.





R. v. Donough J. Mahon, Crim. Rev. 23-A-67, 29/8/67, Platt J.

Accused, a farm manager, ordered an unlicensed employee to drive an unlicensed and uninsured tractor to a neighboring farm for repairs. To do so, the driver had to cross a bridge on a public road. As a result, accused was charged with permitting a tractor to be used on a public road without a road licence [Traffic Ordinance, s. 6], by an unlicenced driver [Traffic Ordinance, ss. 14(2), 70] and without an insurance policy [Motor vehicle insurance Ordinance, s. 4(1)].

            Held: (1) A farm vehicle must be licensed and insured if it is to be driven on a public road, especially while being taken for repairs. (2) The short time the vehicle was upon the road is not a special reason which would justify the failure to impose a disqualification from holding a driver’s licence, nor is the fact that obtaining a licence and insurance would have caused a delay during the planting season. (3) In the circumstances of this case, disqualification for a period of six months is appropriate.

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