Use, Cause, Permit

Question 1

Who is considered to use a vehicle?

Answer 1

The driver will always be considered to be using the vehicle
An owner will use a vehicle if they are driving it or if the vehicle is being used for their benefit. If the owner is a company then they do not need specific knowledge is needed as they are always assumed to know the vehicle is being used.
If the company is an Ltd then is will be the company secretary who uses the vehicle

Question 2

How is causing defined?

Answer 2

A person causes when he is in a position of authority over someone else and orders that person to use the vehicle

Question 3

When considering ‘cause’ what needs to be proved?

Answer 3

That the person causing knew the vehicle was being on a road
They were aware or should have been aware of the defect
They caused the vehicle to be used

Question 4

How can permission be given?

Answer 4

In writing
Verbally
Inferred

Question 5

What needs to be proved in the offence of permitting?

Answer 5

1 - that the person permitting knew the vehicle was being used on a road
2 - that the person permitting was aware or should have been aware of the defect or was wilfully blind to the fact
3 - That the person permitted the use of the vehicle

Question 6

In relation to causing and permitting what offence is the exception?

Answer 6

In the case of an offence of causing or permitting the use of a motor vehicle without insurance it is not necessary to prove that the owner knew that the vehicle was being used on a road or that they were aware that there was no insurance for the vehicle
It is only necessary to prove that the person either caused or permitted the use of the vehicle