Q I refer an answer given by the Q and A
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bureau (CM November 10) concerning driving in relation to a person steering a vehicle while under tow and a person steering a vehicle while being pushed by another person.
While appreciating the simplicity of the answer in the light of many cases on the subject and in particular Wallace v Major 1946 and R v Arnold 1964, I would draw your attention to the case of R v Spindley 1961 Criminal Law Review, where It was held that a person who steered a van while it was being pushed by another person was a driver. Do you not agree that you have oversimpl(fled this matter?
AThe answer given by the Q and A
bureau was based on an answer to an inquiry by us to the Department of the Environment for an opinion on this question. From the case law which you have quoted, it would seem that the question of whether an offence has been committed would depend on the opinion of the magistrate.