Driver Flashcards
Person leaning over steering with hands. Are they driving?
Yes. So too was person on drivers seat using pedals
What is definition of driver?
driver”, where a separate person acts as a steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle;
Who is driving when it’s a learner and instructor?
Both as both have control of direction and movement of vehicle
If person is stood outside vehicle but is leaning in, pushing it and using steering wheel, is it driving?
No. R v McDonagh
What is the primary consideration to be given as to whether a person is driving?
It is essentially dependant on the degree of control they have over direction and movement of the car
Name one test to showing driving
Were they in “substantial sense controlling the movement and direction of the car?
If you are in drivers seat of car being towed are you driving?
Yes as you have power to steer and use brakes
If you knelt in drivers seat and let go of handbrake are you driving?
Yes
If you sit astride a moped and use your feet to propel it without engine switched on is it driving?
Yes
