ROAD TRAFFIC UPDATE

This article assesses some notable recent cases in road traffic law, mostly in England. The House of Lords found acceptable the broad principles of an insurance scheme for providing temporary replacement vehicles to drivers who had been involved in accidents, but were very likely to be able to establish their innocence. However, each such case will have to be considered individually, because the actual terms for providing replacement vehicles may vary from case to case. The Court of Appeal has stated that the Boswell guidelines, on sentencing drivers convicted of causing death by reckless driving, also apply to causing death by driving without due care and attention after drinking excessive alcohol. Such cases usually incur, not only disqualification periods but also prison sentences, whose length depends on the degree of recklessness of the driving. The topics of other cases reviewed in the article include: (1) disqualification for life; (2) drivers' hours; (3) what constitutes a police 'interview'; (4) definition of 'goods vehicle'; (5) laboratory specimens from drivers; (6) motor insurance; (7) operator licensing; (8) requirement to stop driving; (9) seat belts; and (10) speeding.

  • Corporate Authors:

    Law Society

    113 Chancery Lane
    London WC2A 1PL,   England 
  • Authors:
    • NIEKIRK, P
  • Publication Date: 1994-2-9

Language

  • English

Media Info

  • Features: References;
  • Pagination: p. 24-6
  • Serial:
    • GAZETTE
    • Volume: 91
    • Issue Number: 6

Subject/Index Terms

Filing Info

  • Accession Number: 00665378
  • Record Type: Publication
  • Source Agency: Transport Research Laboratory
  • Files: ITRD
  • Created Date: Sep 9 1994 12:00AM