Traffic

Question 1

What is Jimminez v the Queen?

Answer 1

A person asleep at the wheel is not the driver whilst asleep. The prosecution is entitled to look backwards in time to examine the driver’s behaviour to determine whether actions constituted negligence or dangerous driving.

Question 2

What is Automatism? Is it an available defence?

Answer 2

A driver is suddenly and unexpectedly deprived of all thought and that such state was not connected with any deliberate acts or conduct, which the driver did not anticipate.

Fielder, goth mason (Oxford textbook of Psychiatry) If a person has no control over an act, he cannot be held responsible for it.

Question 3

What is a motor vehicle?

Answer 3

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

Question 4

Definition of Road?

Answer 4

Under the road transport act - Road means an area that is open to or used by the public and is developed for or has as one of its main uses, the driving or riding or motor vehicles.

Question 5

Section 5 of road Transport act 2013 states what?

Answer 5

The reference to a road in this act is also reference to a road related area.

Question 6

What is a road related area?

Answer 6

An area that divides a road, a footpath or nature strip, an area that is open to the public and is designated for use by cyclists or animals, 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 the statutory rules apply.

Question 7

What is 53 (1)?

Answer 7

An unlicensed offence (the person has had a licence in the past 5 years) But does not currently have a licence.

Can’t receive S9 - fine only

Question 8

What is 53 (3)?

Answer 8

Never licensed offence. The person has not held a licence for over 5 years or ever.

Question 9

How many section 10’s you can get for particular traffic offences?

Answer 9

One per 5 year period. This is for eligible (applicable) offences which are listed in section 203 (1) of the Road Transport Act.

Question 10

What is the offence under 54 (1)?

Answer 10

Drive/Apply disqualified

Question 11

Section 203?

Answer 11

Dictates that 1 section 10 per 5 years for applicable offences and outlines the offences

Question 12

What does 207 do?

Answer 12

It operates to cancel permanently any driver licence held. Cannot obtain a driver licence during the period of disqualification. The driver licence must be surrendered in accordance with ss(3)

Question 13

What is DPP v Greene about?

Answer 13

After a disqualification period a licence is cancelled. Therefore before the licence expiry date the person is a cancelled driver. If after the expiry date they are to be considered unlicensed.

Question 14

What is 204?

Answer 14

A court may disqualified driver on conviction

Question 15

What is 205?

Answer 15

Specified disqualification for major offences (not discretionary)

Question 16

To caution or not to caution when dealing with offences under the Road Transport Act?

Answer 16

Police generally have an obligation to caution under s201 of LEPRA when using a power. However under s 201(3) of LEPRA there are certain acts which it does not apply to. One of those is the Road Transport Act. Therefore police do not have to comply with 201.

ALSO:

s139(4) of evidence act states caution not required under any Australian law that requires person to answer questions / do something for investigating official.

S175 RT Act: Produce licence or state name and address
S177 RT Act: Provide name of driver if offence has been committed
S287(3) Road rules: Required particulars to be provided to Police

Question 17

What is the test for Neg drive?

Answer 17

In Simpson v Peat the test was stated to be “whether the accused was exercising that degree of care and attention that a reasonable and prudent driver would exercise in the circumstances.

It involved a subjective and objective view of the circumstances.

Question 18

What approach should be used for Neg drive test?

Answer 18

Subjective and objective

Question 19

Explanation of Proudman v Dayman?

Answer 19

For strict liability offences - the defence of honest and reasonable mistake of fact based on reasonable grounds is possible.

If facts as put by defence are believed the defendant would not have committed any offence.

Question 20

What is 10-1 of the Road Rules 2014?

Answer 20

An offence under the Road Rules is a Strict Liability offence.

Question 21

What is DPP v Kailahi (2008) discuss?

Answer 21

Mistake of fact in relation to honest and reasonable mistake. It must be a mistake of fact, not a mistake of law. Prosecution do not have to negative the defence of honest and reasonable mistake.

Question 22

What offences is a brief not required?

Answer 22

Under Clause 24 -

• an offence which a penalty notice is issued
• a fine only offence
• offences under s 4 of summary offences act 1988
• Offences under s 53,54, 110 or 112.

Question 23

What is an offence under section 54(3)?

Answer 23

Drive/apply suspended (not fine default under s66A of Fines Act)

Question 24

What is section 54(4)?

Answer 24

Drive/Apply cancelled or refused.

Question 25

What is section 54 (5)?

Answer 25

Drive/Apply while suspended/cancelled for a fine default under section 66A of Fines Act.

Question 26

What is section 205A?

Answer 26

The automatic disqualification periods

Question 27

What section is negligent driving under?

Answer 27

117 of RT Act

Question 28

What does s207 do?

Answer 28

Operates to cancel permanently any DL held. Cannot obtain a new D during the period of disq

Question 29

DPP v Greene is about what?

Answer 29

If licence cancelled up until licence expiry it is cancelled. Once it has expired they are unlicensed

Question 30

What is the evidentiary burden for the defence and prosecution in Proudman V Dayman

Answer 30

Defence: must raise sufficient credible evidence of the possibility of the mistake

Prosecution: must negative beyond reasonable doubt

Question 31

Explain Section 257 of the road transport Act?

Answer 31

A statement in a certificate issued by an Australian authority, Australian authorised officer, or Australian Police officer is Prima facie evidence, 
Includes:
- licence status
- registration of vehicles 
- Written off/wrecked vehicles 
- demerit points
- vehicle history
- any records kept by the RMS

Question 32

What is a vehicle?

Answer 32

Broader term, includes:

Tram, bicycle, motorised wheelchair, animal drawn vehicle, motor vehicle or anything prescribed in the regulation.

Question 33

What is “drive” as defined in s4 of the Roads Transport Act 2013?

Answer 33

A) be in control of the the steering, movement, or propulsion of a vehicle
B) in relation to a trailer, draw or tow a trailer
C) Ride a vehicle

Question 34

Hampson V Martin?

Answer 34

Deft must have control of steering ‘and’ braking ‘and’ Propulsion

Differs from definition in Roads transport Act, used for crimes act e.g culpable driving or neg drive.

Question 35

Savings v Affleck?

Answer 35

Where deft worked pedals of M/V, another operated the gears and deceased was steering.
Held: Determining factor was whether the accused had control of the propulsion. In addition, the concept of joint drivers was approved.

Question 36

Why do we have definitions of driver under both common law and legislated under the Act?

Answer 36

Because there is no definition of driver under the Crimes Act 1900. To prove driving offences under the crimes Act, we rely on definitions under case law. For offences under transport legislation, we use definition under RTA 2013.

Question 37

S53(7)?

Answer 37

Alternative verdict

S53(3) -> S53(1)