Traffic Law Quiz
- Thread starter Burnsy2023
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Question 7
Answer C – The failure by a driver to stop at a crossing in contravention of the regulations made under the Road Traffic Act 1984 is an absolute offence. There is no need to show any particular size of mind by the driver. Further, the failure by a driver to observe the crossing Regulations will not in itself provide sufficient proof that a person has driven without due care and attention (Gibbons Vs Kahl [1956]). Further proof would be required, although such evidence may be presented as part of a case. Consequently, answers A, B and D are incorrect.
Burnsy
Answer C – The failure by a driver to stop at a crossing in contravention of the regulations made under the Road Traffic Act 1984 is an absolute offence. There is no need to show any particular size of mind by the driver. Further, the failure by a driver to observe the crossing Regulations will not in itself provide sufficient proof that a person has driven without due care and attention (Gibbons Vs Kahl [1956]). Further proof would be required, although such evidence may be presented as part of a case. Consequently, answers A, B and D are incorrect.
Burnsy
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Question 8
Constable KERR stopped GROGAN, who was driving a motor vehicle on a road. Upon examining the vehicle, Constable KERR noticed the tread on one of the front tyres fitted to the vehicle was below the legal limit. Constable KERR intended issuing GROGAN with an endorsable fixed penalty notice, but GROGAN stated that the vehicle belonged to his brother and that he was using it with his permission. He claimed that his brother was responsible for maintaining the vehicle.
Could Constable KERR issue a fixed penalty notice to GROGAN’s brother for permitting the use of the vehicle, in these circumstances?
A. Yes, a notice could be given to the driver for using and the owner for permitting.
B. No, a fixed penalty notice may only be issued to the driver of a vehicle.
C. No, a fixed penalty notice may not be issued to a person guilty of permitting an offence.
D. No, the officer would only have been able to do so it could be proved that his brother caused GROGAN to drive the vehicle.
Burnsy
Constable KERR stopped GROGAN, who was driving a motor vehicle on a road. Upon examining the vehicle, Constable KERR noticed the tread on one of the front tyres fitted to the vehicle was below the legal limit. Constable KERR intended issuing GROGAN with an endorsable fixed penalty notice, but GROGAN stated that the vehicle belonged to his brother and that he was using it with his permission. He claimed that his brother was responsible for maintaining the vehicle.
Could Constable KERR issue a fixed penalty notice to GROGAN’s brother for permitting the use of the vehicle, in these circumstances?
A. Yes, a notice could be given to the driver for using and the owner for permitting.
B. No, a fixed penalty notice may only be issued to the driver of a vehicle.
C. No, a fixed penalty notice may not be issued to a person guilty of permitting an offence.
D. No, the officer would only have been able to do so it could be proved that his brother caused GROGAN to drive the vehicle.
Burnsy
Soldato
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- 14 Jul 2005
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I'm going to have to say B on this one. I remember seeing some stuff on Traffic Cops about pulling people and checking their tyres and issuing penalties, I seem to remember that it is only for the driver as they should check to make sure it is in roadworthy condition before setting off on their journey.
B.
InvG
B.
InvG
Soldato
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I'm going with B, shame I've missed 7 of the other questions though lol
B here as well.
Surely it's the drivers responsibility to ensure the car is road worthy.
Also, he could've been driving the car for months, and his brother may not have checked it over in said time period, or even used it himself.
Surely it's the drivers responsibility to ensure the car is road worthy.
Also, he could've been driving the car for months, and his brother may not have checked it over in said time period, or even used it himself.
Come on Burnsy find some tricky ones,all Policemen know this one, it's A.
Also I must admit a bit of inside info on the last one as my sister in law got done for exactly that.
Cheat!!!!
