Petition of James Robert Hilton [2024] HCJ 2

Restoration of driving licence:- In 2017 the petitioner plead guilty to a charge of causing death by dangerous driving contrary to section 1 of the Road Traffic Act 1988. On 19 May 2017, the petitioner was imprisoned for 50 months and was disqualified from holdingn or obtaining a driving licence for a period of 9 years from that date and ordered to sit the extended test of competence to drive following that period. Here the petitioner applied to the High Court for early restoration of his driving licence. The court observed that the court’s powers to remove disqualification are limited by section 42(6) and that removal of disqualification is not available under section 42 where disqualification was imposed under section 36(1) of the 1988 Act including where disqualification until test is passed which is only subject to appeal under section 38(2) of the 1988 Act. As part of the petitioner’s sentence includeddisqualification until the extended test of competence to drive was passed imposed under 36(1) it was not competent for the petitioner to seek removal of the part of the sentence containing the requirement of sitting the extended test of competence to drive. However, as the petitioner was disqualified for a period of 9 years imposed under section 34 of the 1988 Act it was competent for the petitioner to seek removal of his disqualification from holding or obtaining a driving licence for a period of 9 years from 19 May 2017. The court noted that more than half of the 9 year disqualification had expired and in terms of section 42(3) of the 1988 Act made the petitioner eligible to apply for removal of disqualification. The court considered the character of the petitioner. He is aged 32, has two previous convictions one for speeding and one for the present matter with no further offences since his conviction for the section 1. The petitioner completed the restorative justice programme whilst serving his sentence and has undergone counselling in relation to the offence. The petitioner has demonstrated remorse and within two weeks of his release from custody he had gained employment. His current employed provided a favourable written reference to the court which was in very positive terms but also noted that the lack of a driving licence negatively impacted on the petitioner’s efficiency and limited his opportunities with the business. In addition, the petitioner stated that there were family reasons in support of the application including his partner being unable to drive due to health reasons and the petitioner wanted to see family members in the north of Scotland who did not live on public transport routes. In relation to the nature of the offence the offence was extremely serious and resulted in the death of an 81 year old man for which a lengthy period of disqualification was justified. The court noted that the petitioner benefitted as his case predated the introduction of extension periods under section 35C of the 1988 Act. The court noted, however, that whilst he had been disqualified for more than 7 years of the 9 year disqualification period imposed even if the remaining period was removed, the petitioner would still not be able to drive without proper supervision until he passed the extended test of competence. The court also noted that the petitioner himself had been seriously injured in the collision which continued to affect him. Here the court granted part of the application and removed the period of disqualification from 29 August 2024, however, the court did not restore the driving licence as sought in the petition as it had no power to remove the requirement to sit the extended test of competency to drive in terms of section 42(6) of the 1988 Act. The consequence of the court’s decision for the petitioner was that he can apply for a provisional licence but remains disqualified from driving without proper supervision until he has passed the extended test of competency to drive.