Motor Vehicle in UK Law

Leading Cases
  • R v Governor of Holloway Prison, ex parte Jennings
    • House of Lords
    • 29 Julio 1982

    My Lords, I do not doubt that the principles applicable to the implied repeal of an earlier by a later statute are well established. But today those old cases must be approached and applied with caution. Until comparatively late in the last century statutes were not drafted with the same skill as today. No doubt the prosecuting authorities today would only prosecute for manslaughter in the case of death caused by the reckless driving of a motor vehicle on a road in a very grave case.

  • R v MacDonagh
    • Court of Appeal (Criminal Division)
    • 20 Febrero 1974

    The Act does not define the word "drive" and in its simplest meaning we think that it refers to a person using the driver's controls for the purpose of directing the movement of the vehicle. It matters not that the vehicle is not moving under its own power, or driven by the force of gravity, or even that it is being pushed by other well-wishers. The essence of driving is the use of the driver's controls in order to direct the movement, however that movement is produced.

    As has already been pointed out, he may be sitting in the driving seat whilst others push, or half sitting in the driving seat but keeping one foot on the road in order to induce the car to move. Although the word "drive" must be given a wide meaning, the Courts must be alert to see that the net is not thrown so widely that it includes activities which cannot be said to be driving a motor vehicle in any ordinary use of that word in the English language.

  • Wiltshire v Barrett
    • Court of Appeal
    • 11 Marzo 1965

    My reasons are these: this statute is concerned with the safety of all of Her Majesty's subjects who use the roads in this country. The most effective way to do it is by arresting him then and there. The police have to act at once, on the facts as they appear on the spot: and they should be justified by the facts as they appear to them at the time and not on any ex post facto analysis of the situation.

  • R v Lennard
    • Court of Appeal (Criminal Division)
    • 08 Marzo 1973

    In our judgment no excuse can be adjudged a reasonable one unless the person from whom the specimen is required is physically or mentally unable to provide it or the provision of the specimen would entail a substantial risk to his health. In our judgment no excuse can be adjudged a reasonable one unless the person from whom the specimen is required is physically or mentally unable to provide it or the provision of the specimen would entail a substantial risk to his health.

  • Pinner v Everett
    • House of Lords
    • 29 Julio 1969

    Driving a motor vehicle on a road or public place connotes a physical act. It is true that the section must be given a reasonable interpretation and cannot be interpreted literally because a request for a breath test cannot be made while a vehicle is in motion. Different considerations might arise if the vehicle had broken down.

  • Launchbury v Morgans
    • House of Lords
    • 09 Mayo 1972

    For I regard it as clear that in order to fix vicarious liability upon the owner of a car in such a case as the present, it must be shown that the driver was using it for the owner's purposes, under delegation of a task or duty. The owner ought to pay, it says, because he has authorised the act, or requested it, or because the actor is carrying out a task or duty delegated, or because he is in control of the actor's conduct.

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Books & Journal Articles
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Forms
  • Expenses claim form - young person
    • HM Courts & Tribunals Service court and tribunal forms
    Special Educational Needs and Disability (SEND) Tribunal forms including the education, health and care (EHC) plan form to appeal against a decision.
    ... ... (Please specify) ... If you travelled by your own motor vehicle how many ... miles did you travel? (Home to hearing and back) ... ...
  • Expenses claim for parents
    • HM Courts & Tribunals Service court and tribunal forms
    Special Educational Needs and Disability (SEND) Tribunal forms including the education, health and care (EHC) plan form to appeal against a decision.
    ... ... (Please specify) ... If you travelled by your own motor vehicle how many ... miles did you travel? (Home to hearing and back) ... ...
  • Expenses claim for witnesses
    • HM Courts & Tribunals Service court and tribunal forms
    Special Educational Needs and Disability (SEND) Tribunal forms including the education, health and care (EHC) plan form to appeal against a decision.
    ... ... (Please specify) ... If you travelled by your own motor vehicle how many ... miles did you travel? (Home to hearing and back) ... ...
  • Annex E - Financial circumstances
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... description) ... 5. Motor veh i cle(s) – Mar k et value: ... Ownership: □ ... ...
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