Dangerous Driving Considered at Driver Conduct Hearing

Our client was the driver of a LGV which, in 2013 ran over and killed a 13-year old child on her bicycle. The death of the child was found by the police investigation not to be our client’s fault. However, the investigation revealed that, prior to this tragic accident; the driver had been sending, receiving and reading multiple text messages whilst driving.

He subsequently pleaded guilty to Dangerous Driving for that conduct and was imprisoned for 4 months and disqualified from driving. Once released and at the conclusion of his disqualification he received his Driver’s Licence back and returned to driving work.

Six months later he was called up to a Driver’s Conduct Hearing to determine whether or not he should retain his LGV licence. Issues of legitimate expectation, proportionality and fairness were addressed, for in the usual course of events the driver should never have received his LGV licence back until after the Traffic Commissioner had seen him whereas here he had received his LGV licence some 6 months before that date and had recommenced work.