A FORMER lorry driver caught using his mobile phone while behind the wheel has lost his licence after magistrates rejected his case that he would be caused exceptional hardship were he to be banned.

Roger Percival, 41, was caught using his mobile while driving a DAF Trucks vehicle on the A483 at Llanbadarn Fynydd on January 7 this year. The incident happened at around 10.30am.

Percival, of Mill View Close, Howey, pleaded guilty to the offence by post but appeared at Llandrindod Wells Magistrates’ Court on Wednesday, July 6, as he already had 6 points on his licence and this offence would likely see more added, leading to an automatic disqualification.

Percival was sent a warning letter after his guilty plea, informing him he could be liable for disqualification. A court is obliged to disqualify a motorist if they reach 12 points for 6 months, unless exceptional hardship can be proved.

Percival told magistrates he was currently no longer working as a lorry driver as it had become too expensive. “I’m not working yet but there is a possibility of getting a job with a removals firm in Builth Wells,” he said.

“I’ve been out work since April. I was driving an HGV, delivering farm supplies and vaccines, but that came to an end over petrol costs. I am currently living on the foodbank and haven’t been paying my other bills.

“I live with my girlfriend, who is a student and my son, aged 19. I have commitments like taking my son to work; he works late shifts so there are no buses to take him or bring him back. I also take my mum to appointments. She has cancer and heart problems.”

Magistrates did not agree with Percival and banned him from driving for 6 months. “Clearly you will experience hardship but what we have not heard is exceptional hardship,” said chair of the bench, Kathryn Silk.

“As a totter, you will be disqualified for 6 months.”

Percival was also fined £40 and ordered to pay £85 costs, as well as a £34 surcharge.