Traffic Law Quiz

Answer B – For the purposes of road traffic offences, a person who takes out a vehicle remains the ‘driver’ of it until he or she has completed the journey. Therefore, even if the vehicle is stationary for some time, the person may still be the driver, even if he or she has not completed their journey (Jones vs Prothero [1952]). Answer A is therefore incorrect.
Answer D is incorrect as this period could be for some time. The fact that the person had not set the handbrake, or was using the brake, is not relevant in this context, as the offence would still be made out if the handbrake was set. However, this evidence would probably assist in any prosecution. Answer C is therefore incorrect.
That's made the scores a bit healthier :)

Burnsy
 
Question 5
 HALLINAN was driving a double-decker bus in heavy traffic, when he had to brake sharply to avoid running into the rear of a vehicle that was travelling in front of him. As a result of the bus braking, PARKER, a passenger on the bus, fell over and injured her head. Another passenger on the bus told HALLINAN of PARKER’s injury; however, he carried on driving to the next bus stop a mile away, where he contacted he depot for instructions.

Would HALLINAN be guilty of failing to stop at the scene of an accident, in these circumstances?

A. No, the bus was the scene of the accident; therefore he was not required to stop immediately.
B. No, as the bus was the only vehicle involved there was no scene to the accident.
C. Yes, he should have stopped where the injury occurred, which was the scene of the accident.
D. No as the bus was the only vehicle involved, the accident was not reportable.

Burnsy
 
I'm probably going to lose 4 points, but I'm going to go for C although I'm tempted by A.

C.

This one also does depend on the seriousness of the accident. If the person just bumped her head, then it doesn't really matter, if she cracked her head open then it does matter rather a large amount. Hard one to guess really, but I'm staying with C.

InvG
 
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Burnsy2023 said:
Answer B - There is no special exemption for emergency services drivers with regard to standards of driving, and they will be judged against the standards which apply to all drivers. There is an exemption which allows emergency drivers to pass through red lights under the Traffic Signs Regulations 2002 (reg.36(1)(b)). However, this does not exempt emergency drivers from having to drive with due care and attention. Answer A is therefore incorrect.
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But the original answer was:
B. O'TOOLE will not be liable to the injuries caused to KEYSE in these circumstances, as she warned the pedestrian of her approach.
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Surely those kind of contradict each other? Answer B states O'Toole will NOT be liable, but the explanation above suggests she could very well be liable depending on the circumstances?

I'm going for C for answer 5 :D
 
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Dogbreath said:
Surely those kind of contradict each other? Answer B states O'Toole will NOT be liable, but the explanation above suggests she could very well be liable depending on the circumstances?
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I thought it was a little contradictory. The thing is, she drove with due care and attention, she wasn't reckless in her actions. She doesn't have an automatic exemption, but under the circumstances, it releates to the bit at the bottom on the case precendent of a similar case.

I've ordered another book which should clarify the postion. I'll see what it says.

Burnsy
 
Dogbreath said:
Answer B states O'Toole will NOT be liable, but the explanation above suggests she could very well be liable depending on the circumstances?
Click to expand...

There is no criminal liability for the driver, however, there is possibly a civil liability since even if the driver is deemed to be only 5% to blame.
 
Must be C, I remember something like this happening to someone getting off a bus. The bus driver stopped, reported it to someone over the radio and the ambulance came.
 
Must be C surely?

Depends on the extent of the injury i suppose, for example if the passenger split his/her head open... surely the driver must stop!
 
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