Road traffic law

By Paul Niekirk, barrister

ArrestDPP v Swann (1999) 164 JP 365The power of arrest without warrant conferred by the Road Traffic Act 1988, s.103(3), on a constable in uniform in respect of any person driving a motor vehicle on a road whom the constable reasonably suspects to have been disqualified is restricted to a person actually driving the vehicle and therefore does not extend to a person whom the constable suspects to have been the driver of the vehicle.

Causing death by careless drivingAttorney-General's Reference 21 of 2000 (R v Hartwell) [2000] Crim LR 773.The offence of causing death by careless driving under s.3A(1)(c) of the Road Traffic Act 1988 may be committed by a driver who causes the death of another person by careless driving if the driver later refuses, without reasonable excuse, a requirement to provide a specimen for analysis.

In such a case where the driver asserts that he had only consumed three glasses of wine, the sentencing court might properly infer that the driver had refused to provide a specimen because he knew that he had consumed alcohol well in excess of the prescribed limit, and the court is not obliged to pass sentence on the basis of the assertion made by the driver as to his consumption of alcohol.

Normally a substantial custodial sentence is called for in respect of such offences.

DisqualificationAhmed v McLeod [2000] RTR 201.A driver who is convicted by a court of two offences both involving obligatory endorsement of his licence and who is disqualified in respect of one of the offences may not have penalty points added to his licence in respect of the other offence

Drivers' hours and rest periodsCriminal proceedings against Hume (Case C 193/99) [2000] The Times, 5 October.The professional drivers (eg coach drivers) to whom Regulation (EEC) 3820/85 applies, are required to take a rest period each week, but in certain circumstances they may postpone taking the rest period.

Where a driver decides to postpone taking the rest period from one week to the next, he must take the postponed rest period immediately before the rest period due in the latter week without any break between the two.

Laboratory specimenBranagan v DPP [2000] RTR 235When the lower reading of the analysis of a motorist's specimens of breath does not exceed 50g alcohol in 100ml breath the motorist is entitled to replace the specimens of breath with a specimen for laboratory analysis (Road Traffic Act 1988, s.8(2)).

If the analysis of the laboratory specimen is later relied on as evidence of a drink/drive offence, the accuracy or otherwise of the breath-testing device which was used to analyse the original specimens of breath is of no further relevance.

Vehicle excise dutySecretary of State for the Environment, Transport and the Regions v Holt [2000] RTR 309Where there is no excise licence in force for a vehicle kept on a public road, the burden of establishing that the defendant to proceedings was the keeper of the vehicle on the day in question falls upon the prosecution and that burden is not necessarily discharged by establishing that the defendant is the registered keeper of the vehicle; but the court may draw an inference adverse to the defendant if he has failed to reply to a statutory notice addressed to him calling for information as to the person responsible for the vehicle.