swarb.co.uk - law index
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Road Traffic - From: 1999 To: 1999
This page lists 41 cases, and was prepared on 02 April 2018.
Director of Public Prosections v Kayaz [1999] RTR 40
1999
Road Traffic
The onus was on the driver of a vehicle to prove that he had a valid driving licence and insurance.
1 Citers
Goodes v East Sussex County Council; CA 7-Jan-1999 - Gazette, 17 March 1999; Times, 07 January 1999; Gazette, 03 February 1999; [1998] EWCA Civ 1964; [1999] RTR 210
Director of Public Prosecutions v McCarthy Gazette, 17 March 1999; Times, 08 January 1999; Gazette, 03 February 1999
8 Jan 1999
QBD
Road Traffic
A driver required to give his name and address satisfied the address requirement by giving an address at which he could properly be contacted. The address of his solicitor was satisfactory provided reasonably swift and easy communication was possible.
Road Traffic Act 1988 170(2)
Regina v Hillingdon London Borough Council, ex parte London Regional Transport Times, 20 January 1999
20 Jan 1999
QBD
Road Traffic
The consent to the erection of a bus shelter is a continuing licence which might properly be withdrawn not a once and for all irrevocable grant.
London Transport Passsenger Act 1934
Colin John Rosser v Paul Lindsay Gazette, 17 March 1999; Times, 25 February 1999; [1999] EWCA Civ 708
4 Feb 1999
CA
Road Traffic, Personal Injury
The use of mirrors when manouvering a road vehicle is only advisory under the Highway Code. It is not mandatory, and a judge could not be criticised for not requiring such a counsel of perfection in a situation where a vehicle was being driven within a builder's yard.
[ Bailii ]
Regina v Simmonds Times, 04 February 1999
4 Feb 1999
CACD
Road Traffic
It was proper for a court sentencing for careless driving to allow for the fatal consequences of the driving. As long as culpability remains a sentencing consideration, the court was entitled to make such an allowance.
Road Traffic Act 1988
Paul James Kingston v M L Packham (Trading As Mayflower Transport) [1999] EWCA Civ 788
15 Feb 1999
CA
Personal Injury, Road Traffic
[ Bailii ]
Regina v Simmonds Gazette, 24 February 1999; Gazette, 17 March 1999
24 Feb 1999
CACD
Road Traffic
It was proper for a court sentencing for careless driving to allow for the fatal consequences of the driving. As long as culpability remains a sentencing consideration, the court was entitled to make such an allowance.
Road Traffic Act 1988
Elizabeth Anne Hearne v Susan Julie Hatchett [1999] EWCA Civ 948
11 Mar 1999
CA
Personal Injury, Road Traffic
[ Bailii ]
Director of Public Prosecutions v Kavaz Gazette, 17 March 1999; [1999] RTR 40
17 Mar 1999
CACD
Road Traffic
The duty to demonstrate that a car is properly insured and has an MOT certificate remains the responsibility of the actual driver.
1 Cites
1 Citers
Plumb v Ayres and Ryford Limited; CA 17-Mar-1999 - Times, 11 May 1999; [1999] EWCA Civ 1010
Bussey v Director of Public Prosecutions Gazette, 17 March 1999; [1998] Crim LR
17 Mar 1999
CA
Road Traffic, Criminal Practice
Where there remained a difference between the defence and the prosecution as to the facts on which a sentence was to be based a crown court hearing an appeal against sentence was able to sentence on a basis of different facts then found by the magistrates.
1 Cites
1 Citers
Vehicle Inspectorate v Nuttall; HL 18-Mar-1999 - Times, 19 March 1999; Gazette, 21 April 1999; [1999] 1 WLR 629; [1999] UKHL 14; [1999] 3 All ER 833
Waddell and others v Royal Borough of Kensington and Chelsea v Traffic Director for London; Admn 31-Mar-1999 - Gazette, 14 April 1999; Times, 30 April 1999; [1999] EWHC Admin 290
Lucy Maria Gretta O'Mahony v Thomas Anthony Joliffe Motor Insurers Bureau [1999] EWCA Civ 1181
15 Apr 1999
CA
Personal Injury, Road Traffic
[ Bailii ]
Frank Alfred Wright v Freeway Haulage Limited [1999] EWCA Civ 1233
22 Apr 1999
CA
May LJ
Personal Injury, Road Traffic
A collision occurred between a heavy lorry and a motor car travelling in the opposite direction: "I am not, however, persuaded that the judge was correct to conclude that the speed of this very wide articulated lorry and its load made no causative contribution to the accident. [A finding of excessive speed had been made.] It is a short point. But, in my view, to drive a lorry with a 15 ft 6 ins wide load at or approaching 50 miles per hour on a bend of a single carriageway which was nearly 4 ft narrower than the load was negligent, and the negligence contributed to the accident. Driving more slowly would have enabled Mr Mangan to manoeuvre more carefully and would also have given the oncoming drivers, including but not limited to the plaintiff, a greater opportunity to take any necessary evasive action safely."
1 Citers
[ Bailii ]
Andrea Jane Constable v Tyson Richard Streets and First Saxon Group Limited [1999] EWCA Civ 1277
28 Apr 1999
CA
Negligence, Road Traffic
[ Bailii ]
Dimond v Lovell Times, 03 May 1999; Gazette, 26 May 1999; [1999] EWCA Civ 1311; [2000] QB 216; [1999] RTR 297; [1999] 3 WLR 561; [1999] 3 All ER 1; [1999] CCLR 46
29 Apr 1999
CA
The Vice-Chancellor: The Rt Hon Sir Richard Scott, Lord Justice Thorpe, And Lord Justice Judge
Consumer, Damages, Road Traffic
Mrs Dimond had a car accident as a result of Mr Lovell's negligence and sought to recover from him the cost of the hire of a replacement vehicle while her car was being repaired. Under clause 5 of the hire agreement the hire company had the conduct of any claim necessary to recover damages, and the payment of the hire charge was postponed until after its conclusion. Mr Lovell's insurance company refused to pay the cost of the replacement vehicle on the basis that the agreement under which Mrs Diamond had hired it was a regulated agreement within the meaning of the CCA and did not contain the particulars that the Act required. Consequently the agreement was unenforceable, and Mrs Dimond could not be required to pay for the hired vehicle and had therefore suffered no loss. Resolution of this issue turned on whether the hire company had provided Mrs Dimond with credit. Held: An arrangement loaning a car and postponing payment of hire charges until settlement of a damages claim was a consumer hire agreement. If made by unregulated person, it was unlawful, and the cost of hire was irrecoverable.
Consumer Credit Act 1974 - Consumer Credit (Exempt Agreements) Order 1989 3(1)
1 Cites
1 Citers
[ Bailii ]
Regina v Rowde Parish Council ex parte Elizabeth Anne Ibbetson [1999] EWHC Admin 455
18 May 1999
Admn
Local Government, Road Traffic
Local Government (Miscellaneous Provisions) Act 1953
[ Bailii ]
Regina v Spence Times, 24 May 1999; [1999] EWCA Crim 808; [1999] RTR 353
24 May 1999
CACD
Road Traffic
A private company car park, where there was no proof of use by the public, was not a public road, and a driver could not be convicted of dangerous driving whilst in it. There must be evidence that the public actually utilised premises before a court can conclude that they are a 'public place'. It is not sufficient to say that the public could have access if they were so inclined.
Road Traffic Act 1988 2
1 Citers
[ Bailii ]
Mcgill v James Addy [1999] EWCA Civ 1529
28 May 1999
CA
Personal Injury, Negligence, Road Traffic
[ Bailii ]
Director of Public Prosecutions v Elsender [1999] EWHC Admin 529
9 Jun 1999
Admn
Road Traffic
Road Traffic Act 1988 85
1 Cites
[ Bailii ]
Stephen Kneale v Director of Public Prosecutions [1999] EWHC Admin 571
18 Jun 1999
Admn
Road Traffic
[ Bailii ]
Hastings v Lambert [1999] EWCA Civ 1794
9 Jul 1999
CA
Personal Injury, Road Traffic
[ Bailii ]
Fielding (Acting By her Next Friend Fielding) v Greenhalgh (Personal Representative of McLoughlin Deceased) [1999] EWCA Civ 1799
9 Jul 1999
CA
Personal Injury, Road Traffic, Negligence
[ Bailii ]
Regina v St Albans Crown Court ex parte O'Donovan [1999] EWHC Admin 664
9 Jul 1999
Admn
Crime, Road Traffic
Road Traffic Act 1988 5
1 Cites
[ Bailii ]
Collin Briggs v A S R Clarke [1999] EWHC Admin 699
16 Jul 1999
Admn
Road Traffic
Appeal against conviction for driving without due care and attention.
[ Bailii ]
Ivan John Leeson v Gary Kurt Quinn [1999] EWCA Civ 1904
21 Jul 1999
CA
Negligence, Road Traffic, Personal Injury
[ Bailii ]
Director of Public Prosecutions v Spurrier Gazette, 27 October 1999; Times, 12 August 1999; [1999] EWHC Admin 721
21 Jul 1999
QBD
Criminal Evidence, Road Traffic
It was not absolutely necessary for a defendant who asserted that a Lion Intoximeter was faulty because of a disparity between the reading and what had been drunk, to bring expert evidence to rebut the statutory presumption that the Intoximeter was in working order. A court could reach such a conclusion without such evidence, but should be careful to examine all relevant aspects of the evidence.
The prosecutor appealed against dismissal of a charge under section 5. The magistrates heard that the reading was exceptionally high, but that the police had not noticed any effect on her demeanour and it had been twelve hours since she had consumed any alcohol. Held. The case bumped up against the limits for magistrates to act without expert evidence, but the appeal failed. Their decision was not perverse. It was not absolutely necessary for a defendant who asserted that a Lion Intoximeter was faulty because of a disparity between the reading and what had been drunk, to bring expert evidence to rebut the statutory presumption that the Intoximeter was in working order. A court could reach such a conclusion without such evidence, but should be careful to examine all relevant aspects of the evidence.
Road Traffic Act 1988 5(1)
1 Cites
[ Bailii ]
Smith v Director of Public Prosecutions and Another Times, 28 July 1999; Gazette, 08 September 1999
28 Jul 1999
QBD
Road Traffic, Coroners
Whilst there is no absolute rule of law requiring a delay in a road traffic case involving death pending the results of a coroner's inquest, in practice they should do so, and make appropriate enquiries as to the stage reached by the inquest. Nevertheless, in this case, being unaware of the true position and having proceeded in ignorance of it, the trial decision must stand.
Attorney General's Reference No 26 of 1999 Under Section 36 of Criminal Justice Act 1988; Regina v Gastinger [1999] EWCA Crim 2116; [2001] CAR (S) 394
29 Jul 1999
CACD
Criminal Sentencing, Road Traffic
The AG sought to refer to the court as unduly lenient a sentence of 100 hours community service for causing death by dangerous driving. The had been seen driving erratically along the M6, when he veered onto the hard shoulder colliding with an unlit vehicle, killing the driver. Held: Falling asleep at the wheel usually involves a period during which a driver is conscious of drowsiness and difficulty in keeping his or her eyes open. The proper course for a driver in such a position to adopt is to stop driving and rest.
Criminal Justice Act 1988 36
[ Bailii ]
Regina v Ricky Duck [1999] EWCA Crim 2169
3 Aug 1999
CACD
Lord Justice Roch, Mr Justice Rougier, Mr Justice Wright
Criminal Sentencing, Road Traffic
The defendant appealed a sentence of four years for causing death by dangerous driving. He had overtaken in a lorry, crossing double white lines, and crashing into a car coming the other way. He was of previous good character and genuinely remorseful. The sentence appeared to exceed the tariff. Held: The sentence was for an offence which was a calculated risk, described by other witnesses, as suicidal and sheer madness. The sentence stood.
1 Cites
[ Bailii ]
Singleton v Allied Bakeries Ltd; Slatter; Howards Hydrocare Ltd and Burnett [1999] EWCA Civ 2084
17 Aug 1999
CA
Personal Injury, Road Traffic, Litigation Practice
[ Bailii ]
Cawthhorn v Director of Public Prosecutions Times, 31 August 1999
31 Aug 1999
QBD
Road Traffic
The duty falling upon a driver to stop and report an accident immediately and in any event with 24 hours, was not dependent upon him actually driving at the time. A driver parked the vehicle on a hill and left it to post a letter. It rolled away and caused damage. The driver ran away, but was properly convicted.
Road Traffic Act 1988 170
Pfennigmann C-193/98; [1999] EUECJ C-193/98
28 Oct 1999
ECJ
P.J.G. Kapteyn (Rapporteur), acting as President
European, Road Traffic
ECJ (Judgment) Directive 93/89/EEC - Carriage of goods by road - Vehicle tax - User charges for the use of certain roads - Heavy goods vehicles
Directive 93/89/EEC
[ Bailii ]
Parish v Director of Public Prosecutions (Orse Parrish v Director of Public Prosecutions) Times, 02 March 2000; [2000] RTR 143
1 Nov 1999
QBD
Tuckey LJ, Moses J
Magistrates, Road Traffic
The defendant motorist was accused of driving with excess alcohol. There had been a difference in readings between two samples taken within a short time of each other. Held: He should have been allowed an adjournment to bring his own expert witness to explain the discrepancy. A breath test taken only a short time after the one relied upon had produced a result which was lawful. The cases did not mean that it was not possible to contradict the findings of a blood test.
Road Traffic Act 1988
1 Cites
1 Citers
Director of Public Prosecutions v Smith; Admn 25-Nov-1999 - [1999] EWHC 836 (Admin)
Martin v Director of Public Prosecutions Times, 30 November 1999; Gazette, 08 December 1999
30 Nov 1999
QBD
Road Traffic, Criminal Sentencing
When a driver suffers an obligatory disqualification through a drink driving offence, the court may not at the same time impose on his licence additional penalty points for offences associated with the events of the drink driving offence. The 1988 Act was a consolidating act, and was not to be construed so as to change the law in the absence of clear intention. The omission of certain words was not enough to evince that intention.
Road Traffic Offenders Act 1988 44(1) - Road Traffic Act 1972 9(1)(a)
Director of Public Prosecutions v Humphries Times, 03 December 1999
3 Dec 1999
QBD
Road Traffic, Criminal Sentencing
Following a conviction for driving with excess alcohol, the defendant argued that the short (nil) distance driven constituted a special reason for not disqualifying him. The court said that the magistrates were entitled to take into account the defendant's intention, over and above what had actually been achieved by him in driving away.
Road Traffic Act 1988 5(1)(a) - Road Traffic Offenders Act 1988 Sch 2
1 Cites
Sadiku v Director of Public Prosecutions Times, 03 December 1999
3 Dec 1999
QBD
Road Traffic
Trafalgar Square is properly a road. The question is one of fact for the justices. In this case the police officer properly stopped a vehicle with a view to carrying out a vehicle inspection.
Road Traffic Act 1988 67, 69
Mark Frederick Cooper v Elizabeth Reed Atlas Radio Cars [1999] EWCA Civ 224
3 Dec 1999
CA
Road Traffic, Negligence, Personal Injury
[ Bailii ]
