Motor Vehicle in UK Law

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.

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.

The specimen of breath which may be demanded of a "person driving" may be demanded, therefore, of someone who is no longer causing a motor vehicle to be in actual motion on the road. The suspicion which a constable may have will relate to such a person. I think it follows that if a police officer reasonably suspects such a person of having alcohol in his body a specimen of breath may be required.

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.

The Commissioners' policy does not, however, draw a distinction between the commercial smuggler and the driver importing goods for social distribution to family or friends in circumstances where there is no attempt to make a profit.

The second is the principle of statute, that innocent third parties should be protected so far as money can do it from the harm sometimes fatal that may be inflicted by careless, dangerous, and criminal drivers on the public roads: a protection not sufficiently given by the private law of insurance.