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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  















Road Traffic - From: 1997 To: 1997

This page lists 65 cases, and was prepared on 02 April 2018.

 
Director of Public Prosecutions v Brodzky [1997] RTR 425
1997

Latham J
Road Traffic
The court was asked as to what would amount to a reasonable excuse for a driver failing to provide a specimen of breath when so requested: "The first point to make is that, although the first question has been put in the form of whether the justices were entitled to find that the defendant had a reasonable excuse for failing to provide the specimen of breath lawfully required, strictly, the burden is on the prosecution if the matter is raised by sufficient evidence to disprove the reasonable excuse which is put forward by the defendant.
The reasonable excuse which was put forward by the defendant was essentially that by reason of his physical or mental condition he was unable to provide the specimen. That argument was based upon the well-known guidance given by Lawton LJ in R v Lennard
The position has been reached in which the tests that have to be applied by the justices have, in my view, been correctly identified by Curtis J in Director of Public Prosecutions v Crofton [1994] RTR 279. . . The justices in the present case needed, therefore, first, to look for evidence of physical or mental incapacity to provide the specimen. The only such evidence was the evidence of the defendant in cross-examination, that he did not know why he could not provide a sample, save for the mental anguish which was caused to him due to the sergeant threatening him. There was no medical evidence to support such a claim. There is no doubt that medical evidence will not be necessary in every case. . . .
Stocker LJ accepts [in Smith v DPP] that there may be cases where medical evidence will not be necessary, but points out that in the generality of cases it will be necessary. Perhaps the most important reason for the need for such evidence is to enable the justices to answer the third question, which is: whether there is a proper causative link established between the physical or mental condition alleged and the failure to provide a specimen.
In my judgment, the material which was before the justices was wholly insufficient to justify the conclusion that they reached, that there was such a causative link. The defendant was said to be, on his own admission, a relatively fit man with no current medical problems. There was no doubt that he was perfectly able to understand all the instructions that he was given. The state of anguish which is described is not described in terms which enables, or would enable, a bench of justices, properly directing their minds to that evidence, to conclude that there was a causal connection between the anguish and his failure to provide a specimen."
1 Cites

1 Citers


 
Wing v T D and C Kelly Ltd Times, 03 January 1997
3 Jan 1997
QBD

Road Traffic
Emergency vehicle exempt from licensing only if business is supply of gas etc.
Goods Vehicles (Licensing of Operators) Regulations 1995 (1995 No 2869)

 
James Kane Birrell v Moulton Construction Company James George Scott and Zurich International (Uk) Limited [1997] EWCA Civ 766
13 Jan 1997
CA

Road Traffic, Negligence

[ Bailii ]
 
Benson v Boyce [1997] EWHC Admin 35; [1997] RTR 226
20 Jan 1997
Admn
Mance J
Road Traffic
"Looking at the other subsections of section 46, the first applies to a proprietor of a vehicle who uses or permits it to be used in a controlled district as a private hire vehicle without having a licence for it as such under section 48. The phrase 'as a private hire vehicle' appears, I accept, to indicate that a proprietor who used or permitted use in a controlled district without a licence under section 48, for purposes other than hiring falling within the Act, would not be committing an offence. Assuming that to be so, it does not appear to throw real light on the proper interpretation of paragraph (d) of subsection (1), dealing in different terms with the different questions of driving [pausing there, I think that should be (b) rather than (d), in context. That is a misprint in the Road Traffic Reports]. In the context of legislation designed to control the use of private hire vehicles, which (as the present case illustrates) may include vehicles of some bulk, the intention may still have been to restrict driving in controlled districts to licensed drivers in all the circumstances. When one turns to paragraph (c) of subsection (1), the words 'for the purpose of any hiring' are plainly directed at the specific purposes of the proprietor's employment of a driver. Again, the wording is in contrast with paragraph (b) of subsection (1), where it would have been easy to express a similar restriction, if it had been intended. Paragraphs (d) and (e) of subsection (1) deal with persons operating vehicles as private hire vehicles. Under section 80(1) 'operate' is defined as meaning 'in the course of business to make provision for the invitation or acceptance of bookings for a private hire vehicle'. It does not seem to me either surprising, or significant in relation to the issue before us, that the offences introduced in respect of operators are, by the phrase 'as a private hire vehicle' related to the operation of the private hire vehicle as such."
Local Government (Miscellaneous Provisions) Act 1976 55
1 Citers

[ Bailii ]
 
Hilary Sharpe v Anne Gray [1997] EWCA Civ 808
20 Jan 1997
CA

Personal Injury, Road Traffic

[ Bailii ]
 
Bernard Charles Admanson v Waveney District Council Times, 24 February 1997; [1997] EWHC Admin 62
24 Jan 1997
Admn

Licensing, Road Traffic, Local Government
The court considered the procedure for a licensing Local Authority and the justices to admit into its consideration any spent convictions of the licence applicant when considering his fitness to hold a Hackney Carriage Licence.
Rehabilitation of Offenders Act 1974 - Local Government (Miscellaneous Provisions) Act 1976
[ Bailii ]
 
Narmanie Breeze v Louis Daly [1997] EWCA Civ 860
28 Jan 1997
CA

Personal Injury, Negligence, Road Traffic

[ Bailii ]
 
Paul Fraser v Crown Prosecution Service Times, 13 March 1997; [1997] EWHC Admin 83
29 Jan 1997
Admn

Road Traffic
Choice between blood and urine sample did not need explanation of doctor's role.
Road Traffic Act 1988 5(1) 7(4) 8(2)
[ Bailii ]
 
Dixon v Morris [1997] EWCA Civ 915
4 Feb 1997
CA

Road Traffic, Negligence

[ Bailii ]
 
Matthew George Buckley (By her Next Friend David Buckley) v Stuart Farrow and Beverley Buckley [1997] EWCA Civ 918
4 Feb 1997
CA

Personal Injury, Road Traffic

[ Bailii ]
 
Jane Powell By John Ernest Powell, Her Father and Next Friend v Derek Gray [1997] EWCA Civ 947
6 Feb 1997
CA

Road Traffic, Negligence

[ Bailii ]
 
Director of Public Prosecutions v Charlotte Elizabeth Greenwood [1997] EWHC Admin 129
12 Feb 1997
Admn

Road Traffic

Road Traffic Act 1988 3
[ Bailii ]
 
Regina v Parking Adjudicator ex parte Steel [1997] EWHC Admin 146
14 Feb 1997
Admn

Road Traffic

[ Bailii ]

 
 Director of Public Prosecutions v McKeown and Jones; HL 20-Feb-1997 - Times, 21 February 1997; [1997] UKHL 4; [1997] 1 All ER 737; [1997] 1 WLR 295; [1997] 2 Cr App Rep 155; [1997] Crim LR 522

 
 Rance v Essex County Council; CA 21-Feb-1997 - [1997] EWCA Civ 1064
 
Regina v Lezlie Collins [1997] EWCA Crim 657; [1997] RTR 439
7 Mar 1997
CACD

Road Traffic
The defendant, a Grade 1 advanced police driver, had driven very fast in pursuit of a stolen car. He crossed a junction at high speed and collided with another vehicle causing two deaths. He gave evidence that he believed that the police were controlling traffic at that junction and that it was safe for him to cross it at speed. Held: His belief about the safety of what he was doing was irrelevant to the issue of guilt because the test under section 2A was an objective one.
Road Traffic Act 1988 2A(1)
1 Citers

[ Bailii ]
 
O'Neill v O'Brien and Motor Insurers' Bureau [1997] EWCA Civ 1206
10 Mar 1997
CA

Personal Injury, Road Traffic

[ Bailii ]
 
Cambridge v Callaghan and Motor Insurers' Bureau [1997] EWCA Civ 1212
11 Mar 1997
CA

Road Traffic, Personal Injury, Insurance

[ Bailii ]
 
Director of Public Prosecutions v Spicer [1997] EWHC Admin 259
13 Mar 1997
Admn

Road Traffic
The defendant had successfully argued no case to answer, on a charge of driving without due care. The prosecutor appealed by way of case stated. From the detailed notes available to the court, it was clear that there was evidence before them to put the defendant to an answer. Case remitted.
Road Traffic Act 1988 3
1 Cites


 
Regina v Dickinson Times, 13 March 1997
13 Mar 1997
CACD

Road Traffic
Driver using car aggressively causing death - very grave offence; 3 1/2 years.

 
Regina v Cheshire Stipendiary Magistrate Ex Parte Director of Public Prosecutions Times, 13 March 1997
13 Mar 1997
QBD

Road Traffic
Requirement for blood test not invalidated by not asking before refusal.
Road Traffic Act 1988 7(3)

 
Gordon James Everist v Stephen Monks [1997] EWCA Civ 1248
14 Mar 1997
CA

Road Traffic

[ Bailii ]
 
Director of Public Prosecutions v Ward Times, 24 March 1997
24 Mar 1997
QBD

Road Traffic
No right to legal advice before choice of blood/urine specimen after breath test.
Road Traffic Act 1988 8(2)

 
Sonia Silverton v Vincent Goodall and Motor Insurance Bureau [1997] EWCA Civ 1363; [1997] PIQR 451
26 Mar 1997
CA
Sir Ralph Gibson
Road Traffic, Insurance, Personal Injury
Sir Ralph Gibson explained the historical development of the Motor Insurers Bureau describing it as "a novel piece of extra statutory machinery".
1 Citers

[ Bailii ]

 
 Mansfield and Another v Weetabix Limited and Another; CA 26-Mar-1997 - [1997] EWCA Civ 1352; [1998] 1 WLR 1263
 
Secretary of State for Transport Vehicle Inspectorate v Shane Raymond Nuttall T/a Redline Coaches [1997] EWHC Admin 371
15 Apr 1997
Admn

Road Traffic

[ Bailii ]
 
Regina v Gravesend Magistrates Court ex parte Baker [1997] EWHC Admin 373
16 Apr 1997
Admn
Lord Justice Mccowan -And- Mr Justice Popplewell
Road Traffic, Magistrates, Legal Aid
The defendant appealed a refusal of legal aid. She wished to establish that her drink had been spiked, and thus to establish special reasons for not being disqualified for driving with excess alcohol. Held: Expert evidence would assist the magistrates in deciding the matter. That would not be available without expert evidence, and therefore legal aid was necessary.
1 Cites

[ Bailii ]
 
Wing v Nuttall Times, 30 April 1997
30 Apr 1997
QBD

Road Traffic
An employer not checking his drivers' tachographs was liable for imputed knowledge of infringements.

 
Thomas O'Neill and Margarita O'Neill v Co-Operative Insurance Society Ltd [1997] EWCA Civ 1669
9 May 1997
CA

Insurance, Road Traffic

[ Bailii ]
 
Vehicle Inspectorate v Anelay [1997] EWHC Admin 474
15 May 1997
Admn

Road Traffic

[ Bailii ]
 
VAG Sverige AB C-329/95; [1997] EUECJ C-329/95
29 May 1997
ECJ

Environment, Road Traffic
(Judgment) 1 Approximation of laws - Motor vehicles - Procedure for Community type-approval - Directive 70/156 - Right of the Member States to refuse to register vehicles with a valid Community type-approval certificate - Conditions - National rules subjecting the registration of motor vehicles to the production of a national certificate declaring that they comply with national exhaust emission rules - Not permissible (Council Directive 70/156, Art. 7(1) and (3))
2 Community law - Interpretation - Acts of the institutions - Declaration recorded in minutes - Whether to be taken into consideration - Not permissible where no reference is made to the declaration in the act itself
3 Directive 70/156 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers, as amended by Directive 92/53, must be interpreted as precluding national legislation under which motor vehicles covered by a valid Community type-approval certificate cannot be registered unless a national certificate is produced attesting to their conformity with national requirements concerning exhaust emissions.
It is clear from Article 7(1) and (3) of the directive that a Member State may refuse to register a vehicle with a valid Community type-approval certificate only if it finds that the vehicle is a serious risk to road safety. Refusal to register under the national rules on the basis of considerations of environmental protection does not satisfy the conditions governing the derogation provided for by that provision.
4 A declaration recorded in minutes is of limited value, since it cannot be used for the purposes of interpreting a provision of Community law where no reference is made to the content of the declaration in the wording of the provision in question and the declaration therefore has no legal significance.
[ Bailii ]
 
Director of Public Prosecutions v Underwood [1997] EWHC Admin 514
4 Jun 1997
Admn
Simon Brown LJ, Owen J
Road Traffic
Prosecutor's appeal against dismissal of charge of speeding on a motorway when the image was captured by an overhead gantry camera. The magistrates had doubted that the system had been working correctly.
[ Bailii ]
 
Biskett and Another v Wing; Fisher v Dukes Transport (Craigavon) Ltd Times, 10 June 1997
10 Jun 1997
QBD

Road Traffic
Tachograph sheets become 'recording equipment' after their use, and must be retained as such for inspection.
Transport Act 1968 97

 
Browne v Anelay Times, 10 June 1997
10 Jun 1997
QBD

Road Traffic
Driver takes over responsibility for goods vehicle as soon as he is present on the vehicle and will be the driver.
Council Regulation EEC/3821/85 Art 15(2)

 
Robson v S Marriott and Guardian Insurance Limited [1997] EWCA Civ 1947
24 Jun 1997
CA

Road Traffic, Insurance

Road Traffic Act 1988 151
[ Bailii ]
 
Director of Public Prosecutions v Horswill [1997] EWHC Admin 615
2 Jul 1997
Admn

Road Traffic

[ Bailii ]
 
Director of Public Prosecutions v Guy Times, 03 July 1997
3 Jul 1997
QBD

Road Traffic
Offence of driving whilst tachograph not working committed even though just driving home after work.
Council Regulation EEC/3821/85(OJ) 1985 L370/8)


 
 Service Motor Policies at Lloyds v City Recovery Limited; CA 9-Jul-1997 - [1997] EWCA Civ 2073
 
Regina v Parking Adjudicator ex parte Steel [1997] EWHC Admin 657
9 Jul 1997
Admn

Road Traffic

[ Bailii ]
 
Taunton Deane Borough Council v Frederick Albert William Brice [1997] EWHC Admin 673
10 Jul 1997
Admn

Road Traffic, Licensing

Local Government (Miscellaneous Provisions) Act 1986 46
[ Bailii ]
 
Regina v Powell [1997] EWCA Crim 1828
14 Jul 1997
CACD

Criminal Sentencing, Road Traffic
The defendant had been convicted of other offences at the crown court. Traffic offences were also committed for sentence. The judge imposed a disqualification and penalty points. The section clearly required either a disqualification, or imposition of points. He had erred in doing both, and the penalty points were removed.
Road Traffic Offenders Act 1988 s44
[ Bailii ]
 
Regina v Parking Adjudicator ex parte Bexley Times, 22 October 1997; [1997] EWHC Admin 730
29 Jul 1997
Admn

Road Traffic
A Local Authority has no power to create a regulation imposing fine for parking car without tax disc in off street car park.
[ Bailii ]

 
 Williams v Richards; QBD 29-Jul-1997 - Times, 29 July 1997
 
Post Office v Endean [1997] EWCA Civ 2245
30 Jul 1997
CA

Road Traffic, Negligence

[ Bailii ]
 
Boyle v Smith and Motor Insurance Bureau [1997] EWCA Civ 2321
1 Sep 1997
CA

Insurance, Road Traffic

[ Bailii ]
 
Griffin v Mersey Regional Ambulance [1997] EWCA Civ 2441; [1998] PIQR 44
8 Oct 1997
CA
Simon Brown LJ, Rober Walker LJ
Personal Injury, Road Traffic, Negligence
A driver who had crossed through a green traffic light but had collided with an ambulance was 60 per cent contributorily negligent. He had failed to hear the ambulance, had failed to see it, and had ignored unusal driving of other motorists. Held: "In my judgment, the general approach of the judge below was entirely correct. He rightly identified the duty upon the defendants' driver crossing this junction against the red light, as a high or heavy one, but equally rightly he recognised a duty of care upon the plaintiff beyond that of merely taking reasonable steps to avoid colliding with any vehicle crossing on red which he happened to see or otherwise be aware of. Rejecting, as I do, the application here of what is suggested to be the absolute rule in favour of traffic crossing a junction on green established in Joseph Eva Ltd v Reeves, it follows that, in my judgment, the appellant's argument that there was no scope here for any finding of contributory negligence fails." The court emphasised that the nature of the duty owed by drivers crossing on green, in circumstances where emergency vehicles are crossing on red, is illuminated by regulation 33(2) of the 1994 Regulations. Simon Brown LJ also referred to rule 76 of the Highway Code providing: "Look and listen for ambulances…or other emergency vehicles with flashing blue lights or sirens. Make room for them to pass (if necessary by moving to the side of the road and stopping) but do not endanger other road users."
Traffic Signs And General Directions Order 1994 (1994 No 1519)
1 Cites

1 Citers

[ Bailii ]
 
Director of Public Prosecutions v Rogers [1998] Crim LR 202; [1997] EWHC Admin 878
15 Oct 1997
Admn

Road Traffic
Prosecutor's appeal against dismissal of drink driving case.
1 Citers

[ Bailii ]
 
Desouza v Waterlow (on her Own Behalf and on Behalf of All Other Members of Lloyd's Syndicate No 508 Who Trade As Hermes Motor Policies at Lloyd'S) [1997] EWCA Civ 2500
16 Oct 1997
CA

Road Traffic, Insurance

Road Traffic Act 1988 151
[ Bailii ]
 
Asha Kumar (Married Woman) v Vijay Kumar [1997] EWCA Civ 2590
29 Oct 1997
CA

Personal Injury, Damages, Road Traffic

[ Bailii ]
 
Nicholas Leslie Wilson (a Minor) v Mitchell Industrial Equipment Ltd and Keith John Harris [1997] EWCA Civ 2601
29 Oct 1997
CA

Road Traffic

[ Bailii ]

 
 North Yorkshire County Council Trading Standards and Regulatory Services Unit v Crawshaw and Crawshaw; Admn 29-Oct-1997 - [1997] EWHC Admin 937
 
Director of Public Prosecutions v William Joseph Garnett [1997] EWHC Admin 946
30 Oct 1997
Admn

Road Traffic
Appeal against acquittal of offence of driving a motor vehicle whilst over the prescribed alcohol limit. The defendant had challenged the calibration of the Camic breath testing machine which showed the incorrect date.
Road Traffic Act 1988 5(1)(a) - Police and Criminal Evidence Act 1984 69
[ Bailii ]
 
Green Street Action Group Limited v Mayor and Burgesses of London Borough of Newham [1997] EWHC Admin 979
5 Nov 1997
Admn

Road Traffic, Local Government

Road Traffic Regulation Act 1984
[ Bailii ]
 
Mahmood v Vehicle Inspectorate [1997] EWHC Admin 980
5 Nov 1997
Admn

Road Traffic

Road Traffic Act 1988 133
1 Cites

[ Bailii ]
 
Andrew J Rosson v Director Public Prosecutions [1997] EWHC Admin 985
7 Nov 1997
Admn
Kennedy LJ, Smith J
Road Traffic

[ Bailii ]
 
Wills v Entwistle and Spruce [1997] EWCA Civ 2701
12 Nov 1997
CA
Roch, Thorpe, Buxton LJJ
Personal Injury, Road Traffic, Negligence
The claimant was a passenger in a car driven by the first defendant. He was injured when the driver turned right at traffic lights, in front of a van approaching. The traffic lights were at green for both vehicles. The question was as to the possible liability of the driver of the van. The judge had found that the first defendant was unlikely to have indicated to turn right, but that the van had accelerated. Had the driver been paying proper attention he could have avoided the accident, and the van driver had been found to be 20% responsible. Held: There had been no evidence before the judge to found his assessment that thevan had not already entered the junction by the time the first defendant turned across his path. There was therefore no basis for finding contributory negligence on the van driver's part, and the van driver's appeal succeeded.
[ Bailii ]
 
Cyril Whitfield v Director of Public Prosecutions [1997] EWHC Admin 1007
13 Nov 1997
Admn

Road Traffic

1 Cites

1 Citers

[ Bailii ]
 
Widdowson (By her Father and Next Friend Widdowson) v Newgate Meat Corporation Scullion and Enaas Gazette, 10 December 1997; Times, 04 December 1997; [1997] EWCA Civ 2763
19 Nov 1997
CA

Personal Injury, Negligence, Road Traffic
Res ipsa loquitur might be used to establish fault where the driver drove into a pedestrian on a carriageway and had no explanation for the accident.
[ Bailii ]
 
Director of Public Prosecutions v Tuncer Kavaz [1997] EWHC Admin 1042
25 Nov 1997
Admn

Road Traffic

Road Traffic Act 1988 143(2)
1 Cites

1 Citers

[ Bailii ]
 
Regina v Parking Adjudicator ex parte Steel [1997] EWCA Civ 2822
25 Nov 1997
CA

Road Traffic

[ Bailii ]
 
Director of Public Prosecutions v Valerie Ann Coleman [1997] EWHC Admin 1046
26 Nov 1997
Admn

Road Traffic
Prosecutor's appeal against dismissal of charge of failing to provide specimen of breath on bais that police had failed properly to follow the procedures.
Road Traffic Act 1988 7(6)
[ Bailii ]
 
National Trailer and Towing Association Ltd v Director of Public Prosecutions Times, 11 December 1997
11 Dec 1997
QBD

Road Traffic
Motor vehicle does not become goods vehicle solely because combined weight with trailer exceeded 3,500 kilograms.
Transport Act 1968


 
 Locamion v Directeur des services fiscaux d'Indre-et-Loire; ECJ 11-Dec-1997 - C-8/96; [1997] EUECJ C-8/96

 
 Regina v Ingram; CACD 16-Dec-1997 - [1997] EWCA Crim 3337
 
Director of Public Prosections v Coleman Gazette, 17 December 1997
17 Dec 1997
QBD

Criminal Practice, Road Traffic
Application for extension of time to appeal against defendant's acquittal, may be made to judge alone, but defendant to have chance to speak.

 
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