zadocbrown wrote:MGF wrote:ROG wrote:Just to put a silly but possible senario -
The learner is pulling out of a junction and stalls then panics and gets out the car - now what
Is the legal onus now on the supervising driver to move tha car which is now in an unsafe position
Push it?
There is no legal duty on a supervisor except when the learner is driving. As soon the learner gets out of the car the supervisor cannot be said to be supervising.zadocbrown wrote:Nor is there a specific responsibility to take control, only to give all reasonable supervision.Wilkinson's Road Traffic Offences wrote:
“...momentarily taking over control of the steering or of the engine may well amount to ‘driving’ as one of the main duties of a supervisor of a learner driver is to take control of the car in an emergency.”
Seems like quite a specific responsibility to me.
What was the context of the ruling? I wasn't clear whether the duties of a supervisor were central to the judgement or incidental.
An 'incidental' comment in a judgment carries more weight than one's personal opinon albeit less weight than one 'central to the judgement'.
Of course you are entitled to express such an opinon but does it bring us any closer to understanding what those duties may be as a matter of law?
The case is DPP v Janman [2004] R.T.R. 31 and concerns being drunk in charge of a vehicle as a supervisor of a learner.