quick question

[rgn]

ok just wondering if anyone can settle this pub ("drunk" argument?

What pentaly would someone get if the got cauth transporting one of there mates in the boot of there car( not kidnapping lol)

i say they would get a big fine and a ban while my mates say that they only get a few points and an fine.

so can anyone settle this ( drink fulled) arugment

[justinp1]

I say you are wrong fine sir, and your mate is right.

Unless the driver was speeding, and you would be quite correct!

[vonhosen]

You can get a ban for virtually any offence now if the court is so minded.

The most probable offence you would be dealt with would be for would be Sec 40A Road Traffic Act 1988.

Use of motor vehicle in dangerous condition

Penalty
Max level 4 fine (level 5 for goods vehicles or vehicles for carrying more than 8 passengers)
Obligatory endorsement 3 points.
Discretionaary disqualification.

Edited by vonhosen on Tuesday 24th April 23:46

[esselte]

vonhosen said:

You can get a ban for virtually any offence now if the court is so minded.

The most probable offence you would be dealt with would be for would be Sec 40A Road Traffic Act 1988.

Use of motor vehicle in dangerous condition

Penalty
Max level 4 fine (level 5 for goods vehicles or vehicles for carrying more than 8 passengers)
Obligatory endorsement 3 points.
Discretionaary disqualification.

Do we know the car is in a dangerous condition?As far as the OP says the guy is travelling in the boot,he doesn't say anything about the car being faulty in any way (mind you,it's a bit of a stupid thing to do)

[vonhosen]

esselte said:

vonhosen said:

You can get a ban for virtually any offence now if the court is so minded.

The most probable offence you would be dealt with would be for would be Sec 40A Road Traffic Act 1988.

Use of motor vehicle in dangerous condition

Penalty
Max level 4 fine (level 5 for goods vehicles or vehicles for carrying more than 8 passengers)
Obligatory endorsement 3 points.
Discretionaary disqualification.

Do we know the car is in a dangerous condition?As far as the OP says the guy is travelling in the boot,he doesn't say anything about the car being faulty in any way (mind you,it's a bit of a stupid thing to do)

You need to look at the wording of the offence, it's wider than it at first seems.


" A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when:

(a) the condition of the motor vehicle or trailer, or of its accessories or equipment, or
(b) the purpose for which it is used, or
(c) the number of passengers carried by it, or the manner in which they are carried, or
(d) the weight, position or distribution of its load, or the manner in which it is secured,

is such that the use of the motor vehicle or trailer involves a danger of injury to any person."

Edited by vonhosen on Wednesday 25th April 00:28

[streaky]

As is typical with legal documents, the title of a section may not entirely define its contents - Streaky

[AL666]

Would that be the same offence you'd be treated with if someone in your car wasn't wearing a seatbelt?

[nobleguy]

You could have a lot of fun in a deserted car park weaving left and right with a mate in the boot.
Bonk, Agh!, Bonk, Agh!, Bonk, Agh!

[mg6b]

nobleguy said:

You could have a lot of fun in a deserted car park weaving left and right with a mate in the boot.
Bonk, Agh!, Bonk, Agh!, Bonk, Agh!

I have seen it!
Great fun until her husband arrives after looking for her

[MilnerR]

nobleguy said:

You could have a lot of fun in a deserted car park weaving left and right with a mate in the boot.
Bonk, Agh!, Bonk, Agh!, Bonk, Agh!

Or going through a McDs drive through with some screaming blue murder in the boot's always good for a laugh. Especially if they can get the car to rock about a bit whilst you're being served

Having someone in the boot is at least as dangerous if not more dangerous than having no seatbelt (imagine a low speed rear end shunt!). However, wearing a seatbelt is not the responsibility of the driver (except for minors under 14 I think) so is it still the drivers responsibility if a pasenger decides to ride in the boot?

[mattyb123]

i have been transported in amny boots over the years - its not too bad really kinda like being in bed

[XJ_Wanty]

When I was little in the late 70s I used to lie on the parcel shelf of my Grandad's renault 11 (or whatever it was numbered then). I don't think they had health & safety in the 70s.