Anki PLC Q's List 3 Flashcards
Can drivers of all Mechanically Propelled Vehicles potentially commit the offence of careless or inconsiderate driving?
yes
How is the poor standard of driving that is required to prove the offence of ‘dangerous driving’ defined?
falling far below that of a careful and competent driver
If dangerous driving is just one cause of someone?s death, and if it is the lesser factor, is this sufficient for a charge of ?causing death by dangerous driving?
yes
May an offence of dangerous driving be committed in a public place that is not also a road?
yes
Can an offence of careless or inconsiderate driving be committed in a public place that is not also a road yes
May a cyclist on a push bike commit the offence of careless driving contrary to s.3 of the Road Traffic Act 1988?”
no
Does a simple public footpath through a field amount to a highway?
yes
Does a carriageway always have to be a highway?
yes
Highways offences: Would a carriageway always have to be a right of way for the public?s vehicles?
yes
Do the offences in relation to fires and highways always have to create an actual consequence affecting an actual person?
yes
Does the person affected by one of the fires and highways offences have to be a user of the highway for the offence to be proven?
yes
Does the highway referred to in the highways and fires offences have to be a carriageway?
yes
Highways: Could one of the fire offences ever be committed if nobody was injured or endangered?
yes (if someone was interrupted)
Highways and Fires: Is it sufficient for the relevant consequence of one of the fires offences to be caused solely by the smoke from a fire?
yes
For the offence of ‘lighting a fire near a highway’ to be proved, is there a clearly defined distance, within which the fire must have been lit?
no
Is there an offence relating to the directing or permitting a basic offence of ‘lighting of a fire on land other than a highway’?
yes
Is there an offence relating to the directing or permitting a basic offence of lighting a fire on a highway?
no
Fires and the Highways Act: If a fire is lit on land other than a highway, are the consequences of a secondary fire caused within the scope of this legislation?
yes
In relation to lighting a fire other than on a highway offence, is it always a defence for the fire lighter to show that he did all he reasonably could to prevent users of the highway being endangered, injured or interrupted?
no not if he foresaw a likely problem
In relation to lighting a fire other than on a highway, is there ever a defence if the fire lighter is shown to have not done all he could to prevent users of the highway being endangered, injured or interrupted?
yes if there was a reasonable excuse
In relation to the offence of discharging a firework near a highway, is the maximum distance from the highway defined according to the edge of the highway (as opposed to the centre?
no
Highways Act: In relation to the offence of discharging a firework near a highway, would the consequence of injuring a resident always be sufficient to prove one of the relevant points?
No (must be a highway user)
Does the 4th of the Firework Regulations prohibit children possessing adult fireworks if the location is not open to the public?
No it must be in a public place
Does the 5th of the Firework Regulations prohibit most adults from possessing Cat.4 Fireworks if the location is not open to the public?
no no mention of any location is given
Is it generally lawful to discharge a firework, at midnight on the 5th of November?
yes and until midnight a day after the 5th