Traffic Flashcards
What is a Driver under the S4 of the Road Transport Act?
In control of the steering/movement/propulsion of a vehicle. A driver under the road transport act only has to be in control of one of these elements. This includes riding a vehicle or being drawn or towed.
What is a driver referred to in Common Law?
A driver in Common Law must have control of the steering/movement and propulsion of the vehicle. All 3 are required to be in control to apply at common law.
What is a motor vehicle as per S4 of the Road Transport Act?
Motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle.
What is a vehicle under S4 of the Road Transport Act?
vehicle means—
(a) any vehicle on wheels (including a light rail vehicle)
(b) any description of tracked vehicle
(c) any other description of vehicle prescribed by the statutory rules.
Not used on train or tram line.
What is a vehicle as defined by the 52A of the Crimes Act?
Any motor car, motor carriage, motor cycle or other vehicle
propelled wholly or partly by volatile spirit, steam, gas, oil, electricity
or by any other means other than human or animal power
(b) a horse-drawn vehicle,
whether or not it is adapted for road use
does not mean a vehicle used on a railway or tramway.
What is a road as defined by S4 of the Road Transport Act?
Road means an area that
is open to or used by the public and
is developed for, or has as one of its main uses,
the driving or riding of motor vehicles.
What is a Road Related Area as defined by S4 of the Road Transport Act?
road related area means—
(a) an area that divides a road, or
(b) a footpath or nature strip adjacent to a road, or
(c) an area that is open to the public and is designated for use by cyclists or animals, or
(d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles, or
(e) a shoulder of a road, or
(f) any other area that is open to or used by the public and that has been declared under section 18 to be an area to which specified provisions of this Act or the statutory rules apply.
What is the case law regarding Ryan V Nominal Defendant[2005]?
Both Road and Road Related Area require that they be open to OR used by the public. These concepts are seperate and discreet. Whether the area is said to be open to or used by the public will depend on the factual circumstances of the case. Eg, an area can be closed to the public, but if it used by the public then it is still a road. This includes private areas.
What are the 5 Licence Status’s and their section numbers as per the Road Transport Act?
S53(1) Unlicensed
S53(3) Licence Never Held
S54(1) Drive Whilst Disqualified
S54(3) Driver Whilst Suspended
S54(4) Driver Whilst Licence Cancelled/Refused
What does DPP v GREENE reference in regards to licences?
If a licence is cancelled, then the licence cancelled status will apply up until the licence expiry date. After the licence expiry date, the person continues to be unlicensed.
For the purposes of Section 9 of the Road Transport Act, what is an equivalent offence? What does not count as an equivalent offence unless when referred onto itself?
A previous offence is an equivalent offence for S53(3)Never Licensed, S54(1)Drive Whilst Disqualified, S54(3)Drive whilst Suspended, S54(5)Drive Whilst Cancelled or Refused. Also includes a Major Offence as per S4 of the Road Transport Act.
S53(1) Drive Unlicensed does not count as an equivalent offence unless being referred to on itself.
What is a major offence as defined by S4 of the Road Transport Act?
PCA/DUI/PID offences
Altering/refuse PCA/DUI/PID offences
Neg Drive Death or GBH
Fail to Stop and Give Aid/Assist
Dangerous Driving Offences (Furious/speed/manner/menacing)
Offences under a corresponding division
Aid, Abet or counselling of the above offences.
What section does DPP v GREENE refer to in the Road Transport Act?
S60 - Effect of Driver Licence Expiry
The effect of a licence will remain enforce until the licence expires.
What Sections of the Road Transport Act govern’s disqualification.
S204 - Disqualification
206A - Disqualification periods being added to sentence (if imprisoned)
206B - Backdating Disqualification Periods
207 - Licence Cancellations
209 - Interlock Periods
What suspension is not an equivalent offence for the purpose of S9 of the Road Transport Act
S66 - RMS fine default suspensions
