swarb.co.uk - law index
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Road Traffic - From: 1998 To: 1998
This page lists 55 cases, and was prepared on 02 April 2018.
Polat Marson v St Giles Hotel Limited [1998] EWCA Civ 26
15 Jan 1998
CA
Road Traffic, Negligence
[ Bailii ]
Darren Jason Hammond Tina Andrea Smith v Victor Gill Ronald Sydney Page [1998] EWCA Civ 29
16 Jan 1998
CA
Road Traffic, Personal Injury, Negligence
[ Bailii ]
Director of Public Prosecutions v Goddard [1998] EWHC Admin 27
19 Jan 1998
Admn
Road Traffic
1 Cites
[ Bailii ]
Carroll; Carroll; Carroll; Carroll (an Infant Suing By her Father and Next Friend Alan Carroll) v Fearon; Bent; SP Tyres (Uk) Limited; BTR Plc and Dunlop Limited [1998] EWCA Civ 40
20 Jan 1998
CA
Personal Injury, Road Traffic
[ Bailii ]
Paterson v Guildford Justices [1998] EWHC Admin 54
23 Jan 1998
Admn
Road Traffic
The court was asked whether a person who has been disqualified under section 36 of the Road Traffic Offenders Act 1988 and has not passed the appropriate test, and who then obtains a provisional licence but drives a motor vehicle on a road otherwise than in accordance with the conditions of that licence is guilty of an offence under section 103(1)(b) of the Road Traffic Act 1988; or whether such a person should be charged under the provisions relating to driving otherwise than in accordance with the provisions of the driving licence, that is section 87 of the Road Traffic Act 1988.
Road Traffic Act 1988 36 103(1)(b) 87
[ Bailii ]
McDonough v Merseyside Police [1998] EWHC Admin 89
28 Jan 1998
Admn
Schiemann LJ, Poole J
Road Traffic, Crime
[ Bailii ]
Regina v Knightsbridge Crown Court ex parte Foot Times, 18 February 1998; [1998] EWHC Admin 105
29 Jan 1998
Admn
Lord Justice Simon Brown -And- Mr Justice Mance
Road Traffic, Crime
A device which tested for police radar speed check did not intercept a message between persons and therefore was not unlawful. "a signal in this context is not a mere electronic impulse but is rather a sign or something of meaning to another person. Mr McGuinness clearly cannot and does not submit that the emission of this beam towards a passing vehicle involves "the sending or conveying of any warning or information" within the subsection." Section 19(6) has no application to the acquisition of information merely by beaming energy to, and receiving information back from, inanimate, albeit moving objects. The new regulations had exempted such devices.
Wireless Telegraphy Act 1949 19(6) - The Wireless Telegraphy Apparatus (Receivers) (Exemption) Regulations 1989
1 Cites
[ Bailii ]
Orrin v Ashcroft [1998] EWCA Civ 199
10 Feb 1998
CA
Road Traffic, Personal Injury
Appeal against striking out.
[ Bailii ]
Vehicle Inspectorate v Bruce Cook Road Planing Ltd and Another Times, 23 March 1998; [1998] EWHC Admin 205
18 Feb 1998
Admn
Road Traffic
The transport of road maintenance vehicles from one site to another was not itself part of highway maintenance and a tachograph was required.
Council Regulation (EEC) 3820/85 art 3
1 Cites
1 Citers
[ Bailii ]
Sheena Reid v Director of Public Prosecutions [1998] EWHC Admin 211
19 Feb 1998
Admn
Road Traffic
Road Traffic Act 1988 5(1)(a)
[ Bailii ]
Williams, Regina v [1998] EWCA Crim 639
20 Feb 1998
CACD
Hutchison LJ, Mance J, Ann Goddard QC
Criminal Sentencing, Road Traffic
[ Bailii ]
Regina v Lewes Crown Court (Sitting at Hove) ex parte Karmally [1998] EWHC Admin 246
27 Feb 1998
Admn
Magistrates, Road Traffic
[ Bailii ]
Regina v Wilsdon [1998] EWCA Crim 775
3 Mar 1998
CACD
Brian Walsh QC, Waller LJ, Hooper LJ
Criminal Sentencing, Road Traffic
The defendant renewed his application for leave to appeal against his sentence of twelve months imprisonment after conviction for causing death by dangerous driving. He had been driving a slow moving agricultural vehicle along a road. It was evening, and the vehicle was being driven without lights. The other driver had come upon the farm vehicle and been obliged to overtake to avoid a collision. The overtaking vehicle ran head first into an oncoming vehicle, and the driver died. Some of the lights on the appellant's vehicles were obscured by mud, and other parts of the trailer or had been removed. Held: "The gravamen of this case, and indeed this type of case, lies in causing that vehicle to go out on to the road at that time of day in the condition in which it was, that is to say dusk or dark, as the witnesses say, with no visible lights. Instead of walking the short, five to ten minutes (if that), distance home to collect another vehicle, the applicant decided to take a chance and thereby take a risk of the safety of anyone who happened to be driving along the road behind him or, indeed, to a certain extent, in front of him. That was a dangerous thing to do, and it should have become obvious; indeed on the basis of what he said to the police it was obvious, both to the applicant and to any careful and competent person. An immediate custodial sentence was required" The sentence was in no way excessive or wrong. Leave refused.
[ Bailii ]
Director of Public Prosecutions v John Kay Times, 13 April 1998; [1998] EWHC Admin 258; [1999] RTR 109
4 Mar 1998
QBD
Road Traffic
The court considered a decision by Justices to exclude evidence under section 8 of the 1984 Act where a police officer had allegedly failed to follow the guidance in relation to a roadside breath test. Held: The procedure was not required by the Act and sent the case back to the Justices with a direction to admit the constable's evidence of that test. The failure of a constable to wait until after twenty minutes after driver's last drink did not invalidate the request for a roadside breath test. The Act is not to be defeated by technicalities.
Road Traffic Act 1988 3 4 5 - Police and Criminal Evidence Act 1984 8
1 Citers
[ Bailii ]
Janet Gladys Bateman v David Goodman [1998] EWCA Civ 412
6 Mar 1998
CA
Road Traffic, Personal Injury, Negligence
[ Bailii ]
Department of Transport v Caird Environmental Services Limited [1998] EWHC Admin 285
10 Mar 1998
Admn
Road Traffic
Was the vehicle a goods vehicle?
Vehicle Excise and Registration Act 1994 29
[ Bailii ]
Vehicle Inspectorate v Eric Geoffrey Moss and Ringway Group Ltd [1998] EWHC Admin 294
10 Mar 1998
Admn
Road Traffic
[ Bailii ]
Director of Public Prosecutions v Robert Moses Xavier [1998] EWHC Admin 311
12 Mar 1998
Admn
Road Traffic, Magistrates
[ Bailii ]
Humphries v Manchester City Council [1998] EWHC Admin 321
13 Mar 1998
Admn
Road Traffic
Road Traffic Act 1988 5(1)(a)
[ Bailii ]
Lewis v Moss and Another Times, 23 March 1998
23 Mar 1998
QBD
Road Traffic
Transport of line marking vehicles 35 miles to motorway site was not itself part of highway maintenance and tachograph required.
Council Regulation (EEC) 3820/85 art 4(6)
Jones v Director of Public Prosecutions; Admn 26-Mar-1998 - Times, 23 April 1998; [1998] EWHC Admin 363
Craig William Langley v (L) Kirk James Dray and M T Motor Policies at Lloyd's [1998] EWCA Civ 578
31 Mar 1998
CA
Personal Injury, Road Traffic, Police
[ Bailii ]
John Gary Britland v East Midland Motor Services Ltd [1998] EWCA Civ 590
1 Apr 1998
CA
Negligence, Road Traffic, Personal Injury
[ Bailii ]
Regina v Blackshall Times, 10 April 1998
10 Apr 1998
CACD
Road Traffic
The defence of necessity or duress of circumstance was available to a defendant in dangerous driving charge where sufficient cause could be shown. In this case the victim of a road rage attack with hammer was fleeing his attacker.
David Hallinan v Director of Public Prosecutions Times, 07 May 1998; [1998] EWHC Admin 437
24 Apr 1998
Admn
Road Traffic
Where a passenger is injured during a bus ride, the accident occurs when he is injured, and driver has a duty to stop immediately in order to report the accident even if no other vehicle was involved.
Road Traffic Act 1988 170
[ Bailii ]
Norbert Dentressangle Continental Limited v Elaine Kathleen Wing (Vehicle Inspectorate) [1998] EWHC Admin 449
27 Apr 1998
Admn
Road Traffic
[ Bailii ]
Regina v Kingston Upon Thames Crown Court ex parte O'Leary [1998] EWHC Admin 473
30 Apr 1998
Admn
Crime, Road Traffic
Appeal against conviction for use of speed gun detecting equipment.
Wireless Telegraphy Act 1949 5(b)(1)
[ Bailii ]
Criminal Proceedings Against E Clarke Ltd and Sons (Coaches) Ltd and Another Times, 01 May 1998; C-47/97; [1998] EUECJ C-47/97
1 May 1998
ECJ
Road Traffic
Tachograph equipment was required for tour coach which took passengers from airports, tourist locations and hotels. Lack of predetermined routes or stopping off places disallowed exemption.
[ Bailii ]
Stephen Patrick Bussey v Director of Public Prosecutions [1998] EWHC Admin 485
5 May 1998
Admn
Criminal Practice, Road Traffic
1 Cites
1 Citers
[ Bailii ]
Crown Prosecution Service v Paul O'Shea [1998] EWHC Admin 517
11 May 1998
Admn
Road Traffic
Prosecutor's appeal against dismissal of charge of driving with excess alcohol.
Road Traffic Act 1988 5(1)(a)
1 Cites
[ Bailii ]
Adrianus Goodall v Salisbury Magistrates' Court [1998] EWHC Admin 515
11 May 1998
Admn
Road Traffic
[ Bailii ]
Peter Cuthbert v Geeta Bannister [1998] EWCA Civ 848
18 May 1998
CA
Road Traffic, Negligence
[ Bailii ]
Director of Public Prosecutions v Page [1998] EWHC Admin 561
19 May 1998
Admn
Road Traffic, Crime
Prosecutor's appeal against dismissal of charge of driving with excess alcohol - unexplained discrepancy in time recorded by meter.
Road Traffic Act 1988 5(1)(a)
[ Bailii ]
Allen v Elmbridge Borough Council and Another Times, 20 May 1998
20 May 1998
QBD
Road Traffic
A highway authority was not negligent or in breach of statutory duty when they inspected a roadway annually and responded to particular complaints. Ridge causing accident was common defect.
Highways Act 1980 41
Regina v Cambridge City Council ex parte Simon Lane [1998] EWHC Admin 596
2 Jun 1998
Admn
Licensing, Road Traffic
Town and Police Clauses Act 1847 38 - Local Government (Miscellaneous Provisions) Act 1976 47
1 Cites
1 Citers
[ Bailii ]
Melia v Director of Public Prosecution [1998] EWHC Admin 608
5 Jun 1998
Admn
Road Traffic
The defendant appealed his coviction for driving with excess alcohol. The Intoximeter readings had shown a test calibration range outside the figures set down. An officer gave evidence that the machine was working correctly. Held: The issue of the reliability of the Intoximeter had not been raised at the trial, and could not now be raised. The certificate was effective.
1 Cites
[ Bailii ]
Elizabeth Ann Hearne v Susan Julie Hatchett KM [1998] EWCA Civ 923
8 Jun 1998
CA
Personal Injury, Road Traffic
[ Bailii ]
Criminal Proceedings Against Johannes Martinus Lemmens; ECJ 16-Jun-1998 - Times, 20 July 1998; Gazette, 09 September 1998; C-226/97; Ecj/Cfi Bulletin 16/98, 7; [1998] ECR I-3711
Katherine Bouch v Mary Katherine Bouch, John Hewitt, Motor Insurers Bureaux, Bradford Pennine Insurance [1998] EWCA Civ 1045
19 Jun 1998
CA
Insurance, Road Traffic
[ Bailii ]
Bromsgrove District Council v Michael Richard Powers [1998] EWHC Admin 755
16 Jul 1998
Admn
Licensing, Local Government, Road Traffic
The authority appealed against the magistrates' decision to renew a private hire operator's licence against its own wishes. The licensee no longer opertaed any cars under the licence itself but instead all business was conducted under care operated within the licence from a neighbouring authority.
Local Government (Miscellaneous Provisions) Act 1976 55 46(1)
[ Bailii ]
MD Laverick and D Clarke v D Wilmot (Chief Constable) [1998] EWHC Admin 778
24 Jul 1998
Admn
Road Traffic
Transport Act 1968 97(1)(a)(i)
[ Bailii ]
Director of Public Prosecutions v Jackson, Stanley v Director of Public Prosecutions; HL 29-Jul-1998 - Gazette, 03 September 1998; Times, 30 July 1998; [1998] UKHL 31; [1999] 1 AC 406; [1998] 3 All ER 769; [1998] 3 WLR 514
McDonald v Arcade Traffic Management [1998] EWCA Civ 1346
30 Jul 1998
CA
Road Traffic
[ Bailii ]
Mighell v Reading and Another and Evans v Motor Insurers Bureau and White v White and Another Times, 12 October 1998; [1998] EWCA Civ 1465; [1999] 1 LLR 30
30 Sep 1998
CA
Hobhouse LJ
European, Personal Injury, Road Traffic, Insurance
Passengers were injured in motor vehicles. The drivers were uninsured, and the MIB had declined to make payment. The doctrine of direct effect did not apply where the allegation was that the Motor Insurers Bureau arrangement did not comply with a European Directive. It was not clear whether the Bureau was an emanation of state, but government had had a choice of institutions through which to implement the Directive. As to the nature of the MIB: "Its members are private law insurance companies who have chosen for the time being to write motor insurance business. It is true that they have a statutory position in that it is compulsory for the user of a motor vehicle on the road to take out a policy with a company which is a member of the Bureau. (Section 145 of the Road Traffic Act, 1988). But the Motor Insurers' Bureau scheme has been in existence from a time earlier than the United Kingdom's membership of the European Communities (or Union) and agreements between the Bureau and the Secretary of State relating to uninsured drivers and untraced drivers have long formed part of that scheme."
1 Cites
1 Citers
[ Bailii ]
Lesley Hird v Milner (Trading As Versatile Ceramics) [1998] EWCA Civ 1481
5 Oct 1998
CA
Personal Injury, Road Traffic
[ Bailii ]
Drozdowski v Department of Public Prosecutions; Admn 8-Oct-1998 - [1998] EWHC Admin 933
Denis v Hamer Ford Limited [1998] EWCA Civ 1539
14 Oct 1998
CA
Personal Injury, Road Traffic
[ Bailii ]
Kennet District Council v Young Times, 16 October 1998
16 Oct 1998
QBD
Road Traffic
An offence of failing to provide details of identity of a driver involved in a traffic offence is committed where the information required is to be received and is properly prosecuted in that petty sessional division.
Asher, Carmichael v Thompson and Motor Insurers' Bureau [1998] EWCA Civ 1624
27 Oct 1998
CA
Personal Injury, Insurance, Road Traffic
[ Bailii ]
Regina v Lauder Times, 05 November 1998; Gazette, 25 November 1998; [1998] EWCA Crim 3037
27 Oct 1998
CACD
Road Traffic, Crime, Criminal Sentencing
A defendant who had been convicted of manslaughter by using a motor vehicle or causing death by dangerous driving, or dangerous driving, must be required to take an extended driving test before his licence is returned. Courts have no discretion not to require a test.
Road Traffic Offenders Act 1988 36
[ Bailii ]
Director of Public Prosecutions v Ellis [1998] EWHC Admin 1025
2 Nov 1998
Admn
Crime, Road Traffic
1 Cites
[ Bailii ]
Regina v Bolton Justices ex parte Zafer Alli Khan; Admn 4-Nov-1998 - [1998] EWHC Admin 1040
Andrew Paul Stevenson v Edmund Barry Rodbourne [1998] EWCA Civ 1689
5 Nov 1998
CA
Personal Injury, Road Traffic
[ Bailii ]
Hossain v Thompson [1998] EWCA Civ 1719
6 Nov 1998
CA
Road Traffic, Negligence
Application for leave to appeal.
[ Bailii ]
Clarke v Kato and Others; Cutter v Eagle Star Insurance Co Ltd; HL 25-Nov-1998 - Times, 23 October 1998; Gazette, 25 November 1998; Gazette, 11 November 1998; [1998] UKHL 36; [1998] 4 All ER 417; [1998] WLR 1647
