Use , cause or permit - Lecture notes 6 PDF

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Summary

An examination of the laws of Use, Cause and Permit...

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Use,cause, permit, Aid and abet The road traffic act creates a number offences for people who , use cause or permit A motor vehicle to be on the road with a defect liable for prosecution in relation to that defect or offence There is no statutory definition for use: the question to ask is: who is getting some use out of the motor vehicle? Driver of the vehicle is always the user but also refers to the owner e.g. company use Limited company – the secretary will be subject to the offence Normal company – the owner of the company will be liable The driver always uses the owner will use when in or on the vehicle The attention of the driver at the time is irrelevant E.g. the owner of the vehicle has a foot injury and cannot drive , they are still using it provided they are receiving some benefit “use” or the owner will use when: the vehicle is being used by an employee in the course of the owners business e.g. A sales representative who is allowed to use the company vehicle for business and private use , uses the vehicle to travel between bushiness appointments However if the offence is committed when in private use the owner is not liable use and company business In the case of a limited company it would be hard to identify one owner therefore the company secretary is liable if not limited the owner shall be liable use and owner When being carried in or on the vehicle when the vehicle is used in the course of the owners business when the vehicle is being used in a joint enterprise Joint enterprise; Where the owner lends the vehicle to another person to do something for the owners benefit A charge of permitting may apply dependent on the criteria cause A person in charge or position of authority over someone else and orders that person to use the vehicle. Offence usually committed by supervisors/ managers To prove the offence it will be necessary to show: the person knew the vehicle was being used on a road the person causing knew or should have been aware of the defect permission Permission to use a vehicle may be given in writing or verbally and will include where permission may be inferred. e.g. where a 3 car family exists. Each vehicle may be owned individually but the use by all is inferred.

1.The person permitting the vehicle to be used 2.The person permitting use on the road should have been aware or was aware of the defect but was wilfully blind to the fact 3.the person permitting the use of the vehicle Exception In use or cause or permit the use of a motor vehicle without insurance it isnt necessary to prove the owner knew the vehicle was being used on a road or other public place or that the vehicle wasnt insured. Its only necessary to prove the person either used or caused or permitted the said use. Aid and abet Someone who assists in the commission of an offence is deemed to be aiding and abetting prosecution must prove knowledge of the facts...