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PEP 53 > Road Transport > Flashcards

Road Transport Flashcards

1
Q

What is the Common Law definition of driver and the related case law?

A

Hampson v Martin (1981).

Defendant must have control of the steering AND braking AND propulsion.

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2
Q

When does common law definition of driver come into play?

A

Crimes Act offences

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3
Q

What is definition of driver under Road Transport legislation?

A

a) Be in control of steering OR movement OR propulsion of vehicle, and;
b) In relation to trailer, draw or tow the trailer, and
c) Ride a vehicle

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4
Q

How many elements are needed under the RT definition of driver?

A

Only one of Control of Steetring or movement or propulsion.

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5
Q

Difference between common law driver and RT driver?

A

Common law must satisfy ALL elements of driver, RT need only satisfy one element.

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6
Q

Voluntary Activity case law?

A

Jimminez v The Queen

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7
Q

What does Jimminez v The Queen relate to?

A

Person asleep at the wheel is NOT driver whilst asleep.

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8
Q

How can disprove voluntary activity?

A

prosecution can look backwards in time, examine behaviour of driver to determine whether their actions constituted negligence or dangerous driving.

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9
Q

What is Automatism?

A

Suddenly and unexpectedly deprived of all thought and that such state was NOT conneted with any DELIBERATE acts or CONDUCT on his part and arose from a cause which a REASONABLE man would have no reason to think, and the driver did not ANTICIPATE would occur.

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10
Q

Can vehicle and motor vehicle be used interchangeably?

A

No

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11
Q

Vehicle definition?

A

vehicle means:

(a) any description of vehicle on wheels (including a light rail vehicle) but not including any other vehicle used on a railway or tramway, or
(b) any description of tracked vehicle (such as a bulldozer), or any description of vehicle that moves on revolving runners inside endless tracks, that is not used exclusively on a railway or tramway, or
(c) any other description of vehicle prescribed by the statutory rules.

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12
Q

Motor vehicle?

A

Anything built to be propelled by a motor that makes up part of the vehicle.

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13
Q

Road definition?

A

An area open to or used by the public and is developed for, or has as one of it’s main uses, the driving or riding of motor vehicles.

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14
Q

Road related area?

A

a) Area that divides a road
b) footpath or nature strip adjacent to a road.
c) Area that is open to the public and is designed for use by cyclists or animals.
d) Area that is not a road that is open to or used by the public for driving, riding or parking vehicles;
e) Shoulder of a road
f) Any other area open to or used by the public and that has been declared under S 18 to be an area which specified provisions of this Act or the statutory rules apply.

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15
Q

What comes under s 53?

A

Unlicensed offences

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16
Q

53(1)?

A

Unlicensed

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17
Q

53(3)?

A

Never licensed, 5 years ago or more.

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18
Q

53(7)?

A

Alternate verdit. If found not guilty of 53(3), can be cnvicted of 53(1). Not other way around.

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19
Q

Difference between 53(1) and (3)?

A

(1) is just unlicensed, (3) relates to being unlicensed for 5 years or more.

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20
Q

what come under S54?

A

Disqualified, Suspended, cancelled driving offences

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21
Q

54(1)?

A

Drive/Apply disqualified

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22
Q

54(3)?

A

Drive/Apply suspended (not fine default)

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23
Q

54(4)?

A

Drive/apply cancelled or refused.

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24
Q

54(5)

A

Drive/apply susp/cancelled (fine default)

25
Q

205A?

A

Automatic disqualification periods

26
Q

Does disqualification relate to person or license?

A

person

27
Q

What is DPP v GREENE?

A

If disqualification period ends before licence expiry, the license is cancelled. Once the license then expires, the person is then unlicenced.

28
Q

S287 Road Rules?

A

Duties of driver involved in crash

29
Q

S146 RT Act?

A

Duty to stop and give assitance where person killed or injured in road accident (driver).

30
Q

S177 RT Act?

A

Authorised Officer may require responsible person for vehicle and others to disclose identity of driver who commits road transport offence.

31
Q

Where is right to silence located?

A

Common Law

32
Q

What section does caution come under?

A

s139 Evidence Act

33
Q

Requirement to caution for traffic offences?

A

Yes.

34
Q

Is there always a common law right to silence for traffic?

A

No, the right an be displacecd under various secctions of RT legislation.

35
Q

S175 RT Act?

A

Produce license or state name and home address (no right to silence)

36
Q

177 RT?

A

Provide name of driver if offence been committed (no right to silence)

37
Q

287(3) Road RUles?

A

required particulars be provided to Police after crash

38
Q

117 RT Act?

A

Negligent, Furious or reckless driving.

39
Q

Test for negligent driving and case law?

A

Simpson v Peat.
Whether accused was exercising that degree of care and attention that a reasonable and prudent driver would exercise in the circumstances.

40
Q

What is rule 20 of Road Rules 2014?

A

Obeying the speed limit, offence creating section.

41
Q

10.2 of the Road Rules 2014?

A

penalties and disqualification for speeding offences.

42
Q

What do you need to only prove for a speeding offence?

A

That they exceeded the speed limit by any amount.

43
Q

10.1 (2) Road Rules 2014?

A

Speeding is a strict liability offence, except where rules expressely provide otherwise.

44
Q

what is Proudman + Dayman?

A

Honest and Reasonable Mistake of fact.

45
Q

How does proudman and dayman work?

A

If facts as Defend believed existed, would make the defdts act not an offence.

46
Q

Evidentiary burden for Proudman Dayman on strict liability traffic?

A

Defence must raise sufficient credible evidence of possibilty of the mistake. Prosecution must negative BRD.

47
Q

S257 RT Act?

A

Certificate of evidence.

48
Q

What offences are briefs not required for?

A

A) Penalty notice can be issued, other than offence set out in sch 3 and not referred to below.

b) S4 summary offences Act
c) procecedings under following priovisions of RTA - 53(3) 54(1) a, (3) a, (4) a, (5) a i (5) b i, ii, 110, 112.
d) summary offence which is monetary penalty only.

49
Q

Power to demand name, address or licence ?

A

175

50
Q

Speeding is strict liability section?

A

10.1 (2) Road RUles 2014

51
Q

Traffic FOD section?

A

177 RTA.

52
Q

Obligation to stop render assistance if accident and someone killed/injured?

A

146 RTA

53
Q

Obligation driver involved in crash?

A

287 Road rules

54
Q

Negligent, reckless, furious driving section?

A

117 RTA

55
Q

Obligation to give police particulars after crash?

A

287 (3) Road Rules

56
Q

Speeding is an offence legislation?

A

Rule 20 Road rules 2014.

57
Q

Certificate of evidence?

A

257 RTA.q

58
Q

Automatic disq periods?

A

205A RTA.

59
Q

Case law for License disqual then cancelled then unlicensed periods?

A

DPP v GREENE.

PEP 53 (41 decks)

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