Classification Of Roads/vehicles/public Places Flashcards
What is the definition of a road?
Any highway and any other road which public have access including the footway, verge forming part of the road, bridges over which a road passes
Does not include private roads
Highway - used by foot, horses, vehicle or with animals i.e. bridleways/footpaths
Does not cease to be highway if closed or roped off
If partly on road and partly on private land it should be held to be on a road, even air space taken up by the car over a road would count
What is a motor vehicle?
A mechanically propelled vehicle intended or adapted for use on a road
A reasonable person would when looking at it believe it would be used on the road
Continue to be motor vehicle is being towed
What is the definition of a public place?
Any highway or other premises or place to which at material time public have or are permitted to have access to on payment or otherwise
Does not include a private club, or without permission of landowner
For private there must be a physical obstruction to overcome to enter
Prosecution must show clear evidence of who uses road, when and for what purpose to show it it public
What is a mechanically propelled vehicle?
A vehicle constructed so it can be mechanically propelled and can carry atleast one passenger
Look at construction rather than intention or use by person
Includes electric, gas, petrol, oil, steam
Can have more than one source of power
Does not cease to be mechanically propelled if engine is missing, if it can be shown it was due to be replaced and power restored. May be different if permanently removed.
Prosecution must show it is MPV
What is a goods vehicle?
Any motor vehicle constructed or adapted for use in carriage or haulage of goods or burden of any description
What is a Motor cycle?
A mechanically propelled vehicle with less than 3 wheels and does not exceed 410kg
When must a helmet be worn?
Riding a motorbike - rider and pillion - must wear chin strap
Quad/tricycle/sidecar - not required
What is definition of a driver?
Engaged with driving of vehicle
Steering and controlling vehicle propulsion
driver has control of direction or movement of vehicle
Can be more than one person, i.e. someone in front passenger leaning over and holding steering wheel (depends of time wheel held)
Remain driver aslong as in driving seat
Even if leave car but put hazards on - still making a journey and still driving. I.e. hand brake failing
Wheel spinning but stationary - driving
Attempting to control vehicle - driving
In vehicle bring towed - driving
Sat on motor bike and propelling with feet - driving
Engine on - driving
More than merely preparatory - attempt to drive
Can be held as attempt even if act is impossible
If pushing car - not driving R v Macdonagh
No keys in ignition but let of brakes to roll - driving
