Advocacy in the Magistrates' Court
by John Mackenzie
Published 1994
The Legal Action Group
Paperback
Read more...
Appeals and Review Remedies for Magistrates' Court Decisions
by Andrew Keogh
Published 1999
Blackstone Press
Paperback
Read more...
by Neil Corre, David Wolchover
Published1999
Blackstone Press
Paperback
Read more...
(a) 'Motor Vehicle' - a mechanically propelled vehicle intended or adapted for use on roads. If the means of propulsion is removed it is a question of fact and degree in each particular case whether the vehicle remains a motor vehicle. Certain agricultural and construction vehicles may not be classed as motor vehicles for the purpose of Road Traffic law.
(b) 'Road' - a road or other highway to which the public have access and will include pavements and verges. Whether a way is a road is a matter of fact and degree. A 'public road' means a road repairable at the public expense.
(c) 'Driver and Driving' - the person controlling the movement and direction of the vehicle regardless of whether the engine is on.
(d) 'Using' - a wider term than driving, namely, having the use of the motor vehicle on the road.
(e) 'Causing/Permitting' - both terms require proof of mens rea.
(f) 'Keeping' - a term used in vehicle excise cases.
(g) 'Endorsement' - a court order recording particulars of the conviction on a driving licence and, if disqualified, particulars of the disqualification, and, if not disqualified, the number of penalty points imposed.
(h) 'Disqualification' - a court order disqualifying a defendant for holding or obtaining a driving licence. This means that he will not be able to drive any motor vehicle on a road during the period of the disqualification.