Road Transport Exam

Question 1

Definition of motor vehicle

Answer 1

a) any description of a vehicle on wheels (including a light rail vehicle) but not including any other vehicle used on a railway or tramway
b) any description of tracked vehicle or any description of vehicle that moves on revolving runners inside endless tracks
c) any other description of vehicle prescribed by the statutory rules

Question 2

Driver, common law definition - Hampson v Martin, Savage v Affleck, Saycell v Bool

Answer 2

Hampson v Martin - no propulsion
Savidge v Affleck - different people working the steering, braking and propulsion
Saycell v Bool - no engine
“Drive” includes being in control of the steering, movement or propulsion

Question 3

Definition of road related area

Answer 3

Area that divides a road, or,
A footpath or nature strip adjacent to a road, or
An area that is open to the public and is desognated for use by cyclists, animals.
And open to the public for driving, riding or parking vehicles
A shoulder of a road
Any other area that is used and open by the public and declared under section 18

Question 4

Provisions related to accidents, rule 287 and section 146

Answer 4

Person is guilt of an offence

• vehicle or horse being ridden by the person is involved in an impact occasioning in the death, injury to another person
• knows or ought to reasonably know that injury to another person
• fails to stop and give assistance

Question 5

DPP V Greene

Answer 5

If before licence expiry date, licence is cancelled, then up until the licence expires the licence is cancelled.

Question 6

Proudman v Dayman

Answer 6

Reasonable and honest mistake

Permitting an unlicensed driver to drive vehicle

Question 7

Simpson v Peat

Answer 7

Neg drive test “whether Accused was exercising that degree of care and attention that a reasonable and prudent driver would exercise in the circumstances”