Road Safety Act 1-short answer PDF

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this is a partial answer for a foundation business assignment...

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ROAD SAFETY ACT-1986 s.49(1)(a) (1) a person is guilty of an offence if he or she(a)drives a motor vehicle or is in charge of a motor vehicle while under the influence of intoxicating liquor or any drug to such an extent as to be incapable of having proper control of the motor vehicle; s.49(2) (2) a person who is guilty of an offence under paragraph (a) of subsection (1), other than a supervising driver offence, is liable(a)in the case of a first offence, to a fine of not more than 25 penalty units or imprisonment for a term of not more than 3 months; 

Under the above sections, peter was guilty and he has to pay fines for 3 months.

s.49(1)(b) (b)drives a motor vehicle or is in charge of a motor vehicle while the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her blood or breath

s.49(2A) (2A) A person who is guilty of an offence under paragraph (b), (f) or (g) of subsection (1), other than a supervising driver offence, is liable (a)in the case of a first offence, to a fine of not more than 20 penalty units; 

Under the above sections, peter was guilt and he has to pay fines.

s.64(1) (1) a person must not drive a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case s.64(2) (1)is guilty of an offence and is liable to a fine of not more than 240 penalty units or imprisonment for a term of not more than 2 years or both and on finding a person guilty of the offence the court must, if the offender holds a driver license or learner permit, cancel that license or permit and must, whether or not the holds a driver license or learner permit, disqualify the offender from obtaining one for such time(not being less than 6 months or, if the vehicle was driven at a speed of 45km/g or more over that permitted,12 months)as the court thinks fit. 

Under these sections, peter was guilty and he must have to pay fines for some periods and his driving license will have disqualified.

careless driving s.65(1) (1) A person who drives a motor vehicle on a highway carelessly is guilty of an offence and liable for the first offence to a penalty of not more than 12 penalty units and a subsequent offence to a penalty of not more than 25 penalty units. s.28(1)(a)(ii) (ii)of 25km/h or more over that permitted, whether generally or about the particular vehicle or circumstancesMust suspend for such time as the court thinks fit (not being less than the period specified in column 2 of schedule 5 ascertained by reference to the speed at which the vehicle was driven as specified in column 1 of that schedule), all river licenses and learner permits held by that person. 

Under the above sections, peter was guilty and all river licenses and permits held by peter will suspend for such time as courts think

CRIMES ACT-1958 s.319(1A) (1A) A person who, by driving a motor vehicle at a speed or in a manner that is dangerous to the public having regard to all the circumstances of the case. Causes serious injury to another person is guilty of an indictable offence and liable to level 6 imprisonment (5 years’ maximum) Under this section, peter has to liable to level 6 imprisonment(maximum)because of the accident Julian was quadriplegic and unable to speak and he drove his vehicle to high speed.

s.52(A)(3) (3) dangerous driving occasioning grievous bodily harm, a person is guilty of the offence of dangerous driving occasioning grievous bodily harm if the vehicle driven by the person is involved in an impact driving the vehicle. A person convict of an offence under this subsection is liable to imprisonment for 7 years. 

According to this section, Peter was guilty because now Julian was quadriplegic and unable to speak.so, peter has to liable to imprisonment for 7 years.

s.52(A)(4) (4) Aggravated dangerous driving occasioning grievous bodily harm A person is guilty of the offence of aggravated dangerous driving occasioning grievous bodily harm if the person commits the offence of dangerous driving occasioning grievous bodily harm n circumstances of

aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 11 years 

Under this section peter was guilty and he is liable to imprisonment for 11 years

Civil Offence

WRONG ACT -1958 s.48 general principles (1) a person is not negligent in failing to take precautions against a risk of harm unless(c)in the circumstances, a reasonable person in the person’s position would have taken those precautions. 

Under this section, Julián could be remedied for her case and Julian was a reasonable person in this offence.

(2) in determining whether a reasonable person would have taken precautions against a risk of harm, the court is to consider the following (amongst other relevant things)(a)the probability that the harm would occur if care were not taken; (b)the likely seriousness of the harm; (c)the burden of taking precautions to avoid the risk of harm; (d)the social utility of the activity that creates the risk of harm 

Under this section, Julián was a reasonable person and it could be remedied for her....