Social Implications of Driver Disqualification: Reality and Road Traffic Laws *

Abstract

Abstract

MOTOR vehicle accidents constitute one of the major health hazards in urban societies, and it has been widely argued that some drivers are worse accident risks than others due to factors such as personality, attitude or lack of ability. On this basis, it is reasonably tempting to suggest that the accident problem can best be solved by removing the unsafe motorist from the driver population.

The present paper explores the legal sanction of driver disqualification in terms of its deterrent effects, and some social factors which limit these effects. In particular, four types of factors are examined which limit the effectiveness of this sanction: the low probability of apprehension of disqualified driving offenders; the uncertainty and inconsistency of punishment of these offenders; the attractiveness of this unlawful behaviour; and the inadequacy of alternatives to the unlawful behaviour.

After consideration of these factors, it is evident that the penalty of licence suspension can have at best a minimal effect on road safety, and it is suggested that there is a need for a re-examination of the rationale underlying present traffic laws and penalties given the social value placed on motor vehicle operation.