Road Transport

Question 1

Define Driver under the RTA 2013

Answer 1

Is any person driving or riding a vehicle.

Question 2

Define Driving under the RTA 2013

Answer 2

In control of the steering, or movement, or propulsion. Drawing or towing a trailer or riding.

Question 3

What does Hampson v Martin say about driving?

Answer 3

Occupying the driver’s seat of vehicle under tow.

Question 4

What does Savidge v Affleck say about driving?

Answer 4

Joint driver is approved, operating one of the three equals drive.

Question 5

What does Saycell v Bool say about Driving?

Answer 5

Propulsion by gravity is drive even if the engine is not turned on.

Question 6

What is the definition of vehicle under the RTA 2013?

Answer 6

Any description of a vehicle on wheels, tracks or runners, or described by the regulations ie horse.

Question 7

What is the definition of Motor Vehicle under the RTA 2013?

Answer 7

A vehicle built to be propelled by a motor that forms part of the vehicle.

Question 8

What is the definition of Road under the RTA 2013?

Answer 8

An area open to or used by the public and is developed for or has a main use of driving or riding on.

Question 9

What is the definition or Road Related Area under the RTA 2013?

Answer 9

Area that divides a road
A footpath or nature strip,
Area used for cyclist or animals,
Not a road that is used for riding, driving or parking,
A should or as directed in section 18.

Question 10

What does Jimminez v The Queen say?

Answer 10

A person asleep at the wheel is not the driver while asleep.

Question 11

Automatism is explained as what?

Answer 11

An involuntary movement of the body or limbs of a person. (sneeze).

Question 12

What are the offences under Section 53?

Answer 12

53 (1) Driver Unlicensed
53 (3) Never licenced within last 5 years
53 (7) Alternate verdict between the two.

Question 13

What are the offences under Section 54?

Answer 13

54 (1) Drive disqualified
54 (3) Drive Suspended (not fine default)
54 (4) Drive Cancelled
54 (5) Drive Suspended or cancelled due to fine default

Question 14

What does section 204, 205 and 207 say about disqualifications?

Answer 14

Section 204 Court has power to disqualify
Section 205 Period which apply for each offence.
Section 207 states that disqualification operates to cancel permanently the driver’s licence.

Question 15

What does DPP v Greene say?

Answer 15

If the licence expires during the disqualification, than after the disqualification period end the licenced status is unlicensed.

Question 16

What does S.139 of the Evidence Act say about the caution and right to silence?

Answer 16

The right is displaced by the following sections
S.175 Produce driver’s licence and state name and home address
S.177 Provide the name of the driver if an offence has been committed.
S.287 (3) Required particulars to be provided to police. Explanation after an accident.

Question 17

What does Simpson v Peat say about negligent driving?

Answer 17

Whether the accused was exercising the degree of care and attention that reasonable and prudent driver would exercise in the circumstances.

Question 18

Section 117 outlines, Negligent, furious and reckless driving?

Answer 18

True.

Question 19

What does Road Rule 20 say?

Answer 19

Must not exceed the speed limit for the stretch of road.

Question 20

What does Road Rule 10-2 say about disqualification for speeding?

Answer 20

Over 45 = 6 months DQ
Over 30 = 3 months DQ
Under 30 = No DQ.

Question 21

What does Section 257 say?

Answer 21

That a RMS record is prima facie evidence.

Question 22

Clause 24 of the Criminal Procedure Regulation 2017 outlines when a brief is not required to be served, what are they?

Answer 22

A offence for which a penalty notice can be issued unless listed in schedule 3.
RTA 2013 offence 53 (3), (54) or 110 and 112.
Proceedings for a summary offence for which there is a monetary penalty only.

Question 23

What is the Proudman v Dayman Defence?

Answer 23

If the accused as they believe it would have committed no offence at all then there is a defence of honest and reasonable mistake of fact.

Question 24

Section 203 says you cant have multiple section 10 sentences within 5 years?

Answer 24

True.