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Where a person is convicted of an offence under section 42(1) of the [1988 c. 52.] Road Traffic Act 1988 (contravention of construction and use regulations) committed in a manner described against that section in column 5 of Part I of Schedule 2 to this Act, the court must not—
(a)order him to be disqualified, or
(b)order any particulars or penalty points to be endorsed on any licence held by him,
if he proves that he did not know, and had no reasonable cause to suspect, that the facts of the case were such that the offence would be committed.
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