Road traffic law

PracticeWhere on a charge of aggravated vehicle-taking the only damage amounts to less than the 'relevant sum' (currently 5,000), the justices must treat the offence as triable only summarily (R v Kelly [2001] RTR 45).Abandoned vehicleA constable may arrange for a vehicle to be removed to another place if it appears by reason of the vehicle's condition or the circumstances to have been abandoned without lawful authority (Removal and Disposal of Vehicles Regulations 1986, regulation 4(c)).

The fact that a vehicle has been reported to the police as having been stolen does not preclude a constable who finds the vehicle after it has been abandoned by the thief from exercising the power to arrange for its removal to a garage; the onus is on any person claiming otherwise to show that the vehicle could not in the circumstances have appeared to the constable to have been abandoned (Clarke v West Midlands Chief Constable (2001) The Times, 4 September).Defence of duressA person charged with driving with excess alcohol cannot rely on a defence of duress (despite formidable threats of physical violence to herself) if she has driven a substantial distance beyond the immediate area where the threats were made (DPP v Tomkinson [2001] RTR 583).Driver's hoursThe weekly rest period required by Regulation (EEC) 3820/85, articles 6(1) and 8(3), must be taken after the corresponding daily driving periods and not in anticipation of them (Vehicle Inspectorate v York Pullman Ltd [2001] RTR 273).DrivingA person may be held to be 'driving' a vehicle for the purposes of a drink/drive offence even if the vehicle is not at the relevant time moving (Planton v DPP [2001] Gazette, 5 July, 40).Hackney carriagesOffences in respect of which local authorities may institute proceedings are listed in section 4 of the Road Traffic Offenders Act 1988.

However, that list is not exhaustive.

Accordingly, a local authority may institute proceedings against persons plying for hire without a hackney carriage licence and also in respect of driving without insurance (contrary to section 143 of the Road Traffic Act 1988) under section 222 of the Local Government Act 1972, which gives it power to prosecute where the local authority deems it expedient so to do for the promotion or protection of the interests of the inhabitants of its area (Middlesbrough Borough Council v Iftkhar Safeer, (2001) The Times, 16 August).

By Paul Niekirk, barrister