Road Transport Act

Question 1

Who is a driver?

Answer 1

Section 3 road transport act defines driver as the person
A) being in control of the steering, movement or propulsion of a vehicle
B) in relation to a trailer, draw or tow the trailer and
C) ride a vehicle

Question 2

How is the common law definition of drive different from legislation when would you use them?

Answer 2

Legislation provides for steering, movement and propulsion. If the person was not in the driver’s seat may also refer to case law for principles of joint drivers. Savidge v afflick.

Case law provides that propulsion is main factor however legislation provides only one element required

Question 3

Is a person who is asleep driving?

Answer 3

Driving must be voluntary it can not be autonamis.

Entitled to look backwards in time to examine drivers behavior to determine if drivers actions constitutes negligence or dangerous drivers (jiminex v the queen).

Question 4

Define vehicle

Answer 4

Section 3 road transport act
Vehicle includes team, bicycle motorised wheel chair, animal drawn vehicle, motor vehicle or anything prescribed by the regulations

Question 5

Define motor vehicle

Answer 5

Section 3 road transport act

Motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle.

Question 6

Define road

Answer 6

Road means an area open to or used by the public and is developed for or has as one of it’s main uses the driving or riding or motor vehicle.

Question 7

Define road related area

Answer 7

Section 5 road transport act
A) an area that divides a road
B) a footpath or nature strip adjacent to a road
C) an area that is not open to the public and is designated for use by cyclists or animal or
D) an area that is not a road and that is open to or used by the public for driving, riding or parking of vehicles, or
E) a shoulder of the road, or
F) any other area that is open to or used by the public and that has been declared under section 18 to be an area to which specified provisions of this act or statutory ruled apply

Question 8

What offence creating sections apply to a driver must be licensed?

Answer 8

Section 51(1) road transport act:
person must not drive a motor vehicle without being licensed for that purpose or
Employ or permit any person not lkxensws to drive a vehicle on any road

Section 51(3) road transport act:
A.person who has never been licensed must not drive a motor vehicle on any road without being licensed for that purpose.

Question 9

What is the difference between section 53(1) and 53(1) road transport act

Answer 9

A person under s 53(1) has a license but not for the purpose or had a license which is expired in the last 5 year’s.

S53(3) never held a license or expired more then 5 years ago.

Question 10

What offence does section 54(1) road transport act create

Answer 10

Drive vehicle or apply for license whilst disqualified

Question 11

What offence is created by section 54(3) road transport act?

Answer 11

Drive vehicle or apply for license whilst license suspended not fine default

Question 12

What offence is created by section 54(4)

Answer 12

Drive vehicle or apply for license whilst license cancelled or refused.

Question 13

What offence is created by section 54(5) road transport act

Answer 13

Drive vehicle or apply for license whilst license suspended or cancelled (fine default)

Question 14

How many section 10’s can a person receive for traffic offences

Answer 14

Section 203 RTA provides only one section 10 for applicable offences in 5 years.

Question 15

Can the court disqualify for any offence?

Answer 15

Yes. Section 204 road transport act provides a discretionary power to court to disqualify for any offence under the act

Question 16

Does the court have to disqualify. What sections apply.

Answer 16

If a person is convicted of an applicable offence under the act than mandatory disqualification periods under section 205A of the act apply.

Question 17

What section relates to a license being cancelled upon disqualification?

Answer 17

207A RTA

Question 18

When does a period of disqualification commence?

Answer 18

Roads and traffic authority of New South Wales v Tamara O’Sullivana and Others (2011) a court ordered period of disqualification can commence only from the date of the conviction of the driver for the major offence” 206B

Question 19

What sections under the road transport act displace the common law right to silence?

Answer 19

S175 road transport act must produce driver license or state name and address.

S177 road transport act provide name of the driver of an offence has been committed

S 287 (3) required particulars to be provided to police

However after this has been provided must be cautioned under s139 evidence act?

Question 20

What is section 117 road transport act?

Answer 20

Offence of negligent, furious or reckless driving

Question 21

What is the test for negligent driving?

Answer 21

Simpson v peat (1952) whether the accused was exercising the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances

Objective and subjective test

Question 22

Is the degree of negligence under s117 higher or lower then then negligence needed to be proved under s 54 crimes act

Answer 22

Lower as per clout v Hutchinson

Question 23

What is time 10-1 and what level of men’s rea is required?

Answer 23

Speeding offences and rule 10-1(2) road rules specifically provides for these to be strict liability offences.

Question 24

For strict liability offences does any defence apply

Answer 24

Yes. Defence of honest and reasonable mistake of fact applies. Proudman v daymen (1941) if facts as defendant believed existed would make the defendants actions innocent then it affords an excuse to what would otherwise have been an offence.

Question 25

What is a section 257 certificate?

Answer 25

Certificate issued by the rms which is prima facie evidence of the matters contained there in including :

• license status
• registration of vehicles
• written off wrecked vehicles
• demerits points
• vehicle history
• any records kept by RMS.

Question 26

What matters is a brief of evidence not required?

Answer 26

Clause 24 criminal procedure regulations provides a brief of evidence is not required for
1) proceedings for which a penalty notice may be issued
B) an offence under section 4 summary offences act
C) proceedings for an offence under section 53(3) 54(1)(a) 54(3)(a) 54(4)(a) or 54(5) and 110 and 112 road transport act
D). Proceedings for a summary offence where there is a penalty only