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18th May 1973, Page 69
18th May 1973
Page 69
Page 69, 18th May 1973 — know the law
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Which of the following most accurately describes the problem?

by Les Oldridge, TEng (CEO, MIMI, AMIRTE

Causing danger

EVERYONE has a duty to his fellow citizens: the builder must ensure that nothing falls from scaffolding on to passers by on the road below; the landowner must fell a dangerous tree before a high wind causes it to fall on traffic on an adjoining road; the cyclist must behave in such a way that he does no harm to other road users by his negligent riding. In hundreds of cases the injured party in an accident can claim damages from the other person involved if he can prove that the other person was negligent. Cases in dispute are dealt with by a county court or crown court depending on the amount of damages involved.

The drivers of mechanically propelled vehicles, as well as being liable for damages in a civil court if they are negligent in any way connected with their vehicles, are also liable in many instances to punishment by fine or imprisonment in the criminal courts for an offence against one of the many traffic laws. A lorry driver, let us say, is found guilty in a magistrates' court of careless driving after colliding with another vehicle through not taking proper care. As well as being fined in this court for careless driving it is almost certain that the other driver involved in the collision will sue him for damages to cover the repairs to his vehicle and any other loss which he may have incurred. It is true that his insurance company will meet this claim but it is the driver himself who is primarily responsible for it.

Traffic laws generally can be divided into three main classes: (1) those aimed at preventing danger; (2) those to prevent inconvenience to the general public; and (3) those which collect revenue.

It is offences dealing with danger with which I am particularly concerned here. There are many traffic laws falling within this category and as everyone's safety depends on their enforcement it may be considered that they form the most important of the three classes.

The laws concerning public safety can be sub-divided into two groups, those dealing with the movement of vehicles and those aimed at rendering the vehicle itself as safe as possible. Dangerous, careless or reckless driving, the breath-testing laws, speed limits, pedestrian crossing offences and the like are examples of the former class. Defective brakes, steering and tyres; lighting offences; weight limits and restrictions on overhanging loads are examples of the laws concerned with the safety of the vehicle itself.

I cannot visualize any circumstances where danger is caused by a motor vehicle being used on a road which is not covered by one or other of the traffic laws. This was particularly brought to mind when recently I overheard an argument on whether "coasting" downhill with a vehicle in neutral was an offence. Now there is no specific law against coasting. One could knock a vehicle Out of gear and free wheel for miles and not be prosecuted for "coasting" but if the prosecution could prove that this was dangerous driving then a case brought against the driver for the offence of dangerous driving would succeed. Whether or not this practice is dangerous depends, of course, on the particular circumstances.

To travel down a steep hill in neutral with a heavily laden truck fitted with air brakes and with the engine not running would be extremely dangerous. On the other hand, freewheeling slowly down a gentle incline with a mini, although perhaps inadvisable, would certainly not be dangerous.

Three passengers in cab I had an inquiry concerning the legality of carrying three passengers in the cab of a truck with only one passenger seat beside the driver. Here again, no hard and fast rule can be laid down whether this constitutes an offence. Regulation 90 of the Motor Vehicle (Construction and Use) Regulations 1973, among other things requires that the number of passengers carried and the manner in which they are carried on a vehicle must be such that no danger is caused or is likely to be caused to any person in that vehicle or on a road. The criterion in all cases under this Regulation is whether or not danger is caused. If, for example, the carrying of three passengers so obstructed the driver that he had difficulty in reaching any of the controls or if their presence restricted his vision then the magistrates may consider that potential danger was present and the driver was guilty of this offence.

It could be that the prosecution would rely on another C and U Regulation to prosecute an offender found driving in the circumstances described above. This Regulation makes it an offence for any person to drive a motor vehicle on a road when in such a position that he cannot have proper control of the vehicle or a full view of the road ahead. It is .also an offence to cause or permit any person to drive in this way. Incidentally, this is the Regulation used to prosecute the amorous young man who drives with ofie arm around his female companion and with only one hand on the steering wheel.

It will be seen that every sort of eventuality which might interfere with public safety is covered by the traffic laws. Although we may grumble at the more technical offences contained on the Statute Book any conduct which might cause an accident is highly reprehensible and deserves to be punished.

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