Flashcards in Standard Of Driving Deck (46):
If a vehicle fitted with an engine is broken. Is it still an MPV?
What if the engine is completely removed, is it still an MPV
If it has temporarily been removed, the vehicle will remain an MPV if there is a possibility that the engine might be replaced int he future.
If it has been permanently removed and will not be replaced then it isn’t an MPV
Definition of a motor vehicle?
An MPV intended or adapted for use on the road
How do we determine whether something is a motor vehicle and therefore adapted or intended for use on the road?
An objective reasonable person - would a reasonable person say that a potential use of the MPV would be use on a road?
The owner’s subjective intended use for the vehicle is not relevant.
Are segways motor vehicles?
Is an off road scrambler bike a motor vehicle?
No because it is intended for use off road
Is a drag racer a motor vehicle?
Is a fork lift truck a motor vehicle?
Are electronically assisted pedal cycles and invalid carriages motor vehicles or MPV’s?
They are neither
Is the driveway leading up to the Oxfordshire golf club a highway?
No - only a section of the public have access (members or visitors)
Are car parks roads?
Jesus is driving a car using a steering wheel however Moses is using the gears. Which one is driving?
I have the drivers door open and am steering the steering wheel whilst pushing the car. Am i driving?
No it has been held that it is not
Sitting astride a moped and pushing with feet. Driving?
Am i attempting to drive if whilst drunk, i attempt to start the car with my front door keys?
Yes you can attempt the impossible
For dangerous driving what must the danger relate to?
Injury (not serious) to any person
Serious damage to property
Must the prosecution show that the defendant knew of the dangerous condition of the vehicle?
No not always.
Either show that the dangerous condition would be obvious to a competent and careful driver OR that the defendant knew of the dangerous condition.
Frank is diabetic and drives his car. He knows that he is likely to suffer a hyperglycaemic attack. Is he committing dangerous driving?
Gary causes the death of a foetus that is injured in the womb as a result of dangerous driving. Can he commit causing death by dangerous driving?
Only if it leads an independent existence prior to their death
Tom is driving dangerously and crashes into Harry. Harry’s car spins and crashes into Margaret who is killed instantly. Tom never touched Margaret or her car. Can he still be convicted of dangerous driving?
Yes - it need only be a contributory cause of death which was more than a mere trifling cause of death
Is it a defence to dangerous driving if someone says that they did not intend to?
Can you drive dangerously in private or cause death by dangerous?
No it must be a road or public place.
Causing death by careless or inconsiderate driving whilst under the influence of drink or drugs. What happens if they fail to provide?
If they are within 18 hours of the driving and they fail to provide a specimen without reasonable excuse, they are guilty.
Or if they fail to provide blood at ANY time.
if a driver falls asleep at the wheel, what are they guilty of?
If the evidence of them sleeping comes only from the driver then this will be inadequate to support a charge of careless driving
What offence does crossing the white line constitute?
Careless without explanation
What are the 4 defences to standards of driving offences?
David was told to drive dangerously by Henry or he would punch him. Does David have a defence to dangerous driving?
No - duress defence only applies when they do so to avoid either death or serious injury
Can the defence of duress apply when there is a threat of serious injury or death to someone other than the driver?
Yes risk of death or serious injury to the driver or someone else whom they are responsible for
What phrase is used to describe the extent of the loss of control for automatism?
The driver has suffered a total destruction of voluntary physical control of their body
A driver hits a curb causing the tyre to cut without the driver’s knowledge. Half an hour later, the car flips and kills someone. Could the driver use the defence of mechanical defect which causes an accident?
The driver did not know about the defect
Could not have been reasonable expected to have foreseen that the defect would occur
The driver is however responsible for defect and so cannot rely on the defence.
Can a learner driver supervisor commit offences by not supervising them properly?
Can someone else in the car warning the driver about their speed be used as supporting evidence for dangerous driving?
Yes disregarding warning from passengers may support an allegation.
If an officer drives dangerously, i know that the court cannot take into account their training or experience or the honest beliefs by the officer. However what about the circumstances of why he was driving dangerously?
It is not a defence but it may provide significant mitigation for their actions and where appropriate special reasons for not disqualifying them.
Under section 168 RTA, do drivers have an obligation to exchange details if there has been careless driving but no accident?
The driver of an MPV has committed an offence of dangerous/careless driving
The rider of a cycle does similar
They commit an offence if they refuse details having been reasonably required to give their name/address or gives a false name/address. No need for accident.
Can someone be convicted of speeding offences solely on the witness testimony of one person?
With regards to having the power to remove vehicles from a road, do we have to power to remove cars even if it isn’t actually causing an obstruction?
Actual or potential obstruction as long as it is expected at some time in the future.
No need for officer to be in uniform
Child in a front facing passenger seat. Do we need to deactivate the front and/or side air bags?
Only rear facing child seats.
Side air bag never needs to be deactivated.
Someone sits astride a moped and peddles with his feet. Driving?
For an offence of careless/inconsiderate driving, what is the evidential test?
The driving fell below what would be expected of a competent and careful driver and that his actions were voluntary.
Do courts consider someone’s new driver status in the same way as an experienced driver?
There is one standard - learner or not.
Does speeding require corroboration?
Only non-motorway speeding requires corroboration
I know that cyclists who commit dangerous cycling must give their name and address who a person having reasonable grounds for so requiring. What about careless cycling?
Dangerous and careless.
Euan is driving along the road and I am passenger. We see Steve Why walking on the pavement. I grab the steering wheel and veer the car in his direction to frighten him. It accidentally hits him. Was i driving?
No it has been held i was not driving but interfering with the driver.
For death by dangerous driving, do we have to show that the driving was the sole course of the death?
No just contributed in some way.
When is a police officer entitled to give expert evidence on collisions at court?
In R v Oakley  Crim LR 657, a police officer who had attended a course, passed an exam as a collision investigator, and attended more than 400 accidents was entitled to give expert evidence as to the cause of an accident.