Provisional license - legality scenario
Discussion
Seeing a previous topic has reminded me about this query I have.
Scenario:
Learner driver (Provisional license) buys himself a new car (cheap) and insures it.
Car has L plates on it. He can only drive it if he has a 'qualified adult with them' ie 3+ years full license, not under the influence of alcohol etc. This is all fine and relatively clear
My question is:
If said car is parked on the road (outside house) and the learner driver is in the driver seat with mates (one in passenger seat) listening to music etc. If the ignition is on does this constitute an offense? I know / understand that if you were say under the influence of alcohol and in the same situation (even without ignition on) you can be done for being in control of vehicle under influence etc.
Does that scenario of offense also apply to provisional licenses? Does it change if the engine is started?
Scenario:
Learner driver (Provisional license) buys himself a new car (cheap) and insures it.
Car has L plates on it. He can only drive it if he has a 'qualified adult with them' ie 3+ years full license, not under the influence of alcohol etc. This is all fine and relatively clear
My question is:
If said car is parked on the road (outside house) and the learner driver is in the driver seat with mates (one in passenger seat) listening to music etc. If the ignition is on does this constitute an offense? I know / understand that if you were say under the influence of alcohol and in the same situation (even without ignition on) you can be done for being in control of vehicle under influence etc.
Does that scenario of offense also apply to provisional licenses? Does it change if the engine is started?
wainy said:
Seeing a previous topic has reminded me about this query I have.
Scenario:
Learner driver (Provisional license) buys himself a new car (cheap) and insures it.
Car has L plates on it. He can only drive it if he has a 'qualified adult with them' ie 3+ years full license, not under the influence of alcohol etc. This is all fine and relatively clear
My question is:
If said car is parked on the road (outside house) and the learner driver is in the driver seat with mates (one in passenger seat) listening to music etc. If the ignition is on does this constitute an offense? I know / understand that if you were say under the influence of alcohol and in the same situation (even without ignition on) you can be done for being in control of vehicle under influence etc.
Does that scenario of offense also apply to provisional licenses? Does it change if the engine is started?
They could leave the drivers seat vacant so that no one was in control of the vehicleScenario:
Learner driver (Provisional license) buys himself a new car (cheap) and insures it.
Car has L plates on it. He can only drive it if he has a 'qualified adult with them' ie 3+ years full license, not under the influence of alcohol etc. This is all fine and relatively clear
My question is:
If said car is parked on the road (outside house) and the learner driver is in the driver seat with mates (one in passenger seat) listening to music etc. If the ignition is on does this constitute an offense? I know / understand that if you were say under the influence of alcohol and in the same situation (even without ignition on) you can be done for being in control of vehicle under influence etc.
Does that scenario of offense also apply to provisional licenses? Does it change if the engine is started?
esxste said:
Technically, I'd say yes.
Although the attitude test would probabaly need to be failed for a copper to bother chasing this.
Yes. Same as it would be an offence if the keys were in the ignition and engine off, and driver was using a mobile phone. I know someone who was charged with using a mobile phone while being in control of a motor vehicle, with engine off but keys in ignition.Although the attitude test would probabaly need to be failed for a copper to bother chasing this.
wainy said:
My question is:
If said car is parked on the road (outside house) and the learner driver is in the driver seat with mates (one in passenger seat) listening to music etc. If the ignition is on does this constitute an offense? I know / understand that if you were say under the influence of alcohol and in the same situation (even without ignition on) you can be done for being in control of vehicle under influence etc.
The question appears to be with reference to any/all of the mates being a potential supervisor. If said car is parked on the road (outside house) and the learner driver is in the driver seat with mates (one in passenger seat) listening to music etc. If the ignition is on does this constitute an offense? I know / understand that if you were say under the influence of alcohol and in the same situation (even without ignition on) you can be done for being in control of vehicle under influence etc.
The latter is deemed to be in control at all times - http://roadwisedrivertraining.co.uk/supervising-dr...
If none of the mates meet all the qualifying criteria for being one then I reckon any/all of them risk sanction.
While on a public road a vehicle does not have to be in motion for it to be 'driven'.
wainy said:
Does that scenario of offense also apply to provisional licenses? Does it change if the engine is started?
A provisional licence holder can't be a supervisor whatever their age, so the question doesn't make sense.Are you asking what offences the learner may be committing? The obvious one would be 'driving otherwise than in accordance with a licence'.
esxste said:
Technically, I'd say yes.
Although the attitude test would probabaly need to be failed for a copper to bother chasing this.
Maybe, but why take such a risk in the first place? Given the postulated scenario, listen to the vibes indoors. Although the attitude test would probabaly need to be failed for a copper to bother chasing this.

That said, IANAL so I could be talking b
s. The best person to advise the OP would be agtlaw on here.R0G said:
If passenger does not meet the criteria for a learner supervisor then it is illegal because you are 'in control' or 'in charge' of the vehicle under UK traffic law
What happens when you leave your 14 year old child in the car while you go into the newagents? Is the child in charge at that point?Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff


