stupid hypothetical situation - 2 drivers
Discussion
After a comment on another post, i just thought of something that is very unlikely to happen, but could do!
Who would be responsible for a car if two people are driving. The only way i can think of this happening properly would be in a dual control car, with all three pedals on the other side, so one person doing pedals, the other steering. If you get caught speeding or other such incident like this, who is it who get's prosecuted?
Sam
Who would be responsible for a car if two people are driving. The only way i can think of this happening properly would be in a dual control car, with all three pedals on the other side, so one person doing pedals, the other steering. If you get caught speeding or other such incident like this, who is it who get's prosecuted?
Sam
tonyrec said:
Both........!
Heres another hypothetical question.
A bus driver is going down Oxford Street,W1 and a drunken passenger reaches over and grabs the steering, turning it towards a group of pedestrians who are subsequently knocked down.
Who was 'driving' the vehicle?
You and I both know the answer to that one Tony
"Book em both Danno
"nightmare said:
really? What if the drunken ped was a huge scary looking individual and the driver didnt really have a chance to stop him turning the wheel?
Stated case says that whoever has control over the motion and or direction of a motor vehicle is a driver (except where the person providing the motion by pushing it and steering it through the window).
Both would be reported/arrested and the bus driver would have a defence to the actions of the big hairy scary bloke.
If you allow someone to steer for you whilst you unwrap a sandwich or do some other function whilst you are behind the steering wheel and the vehicle is moving, you both become drivers.
nightmare said:
really? What if the drunken ped was a huge scary looking individual and the driver didnt really have a chance to stop him turning the wheel?
Ture, but the bus driver had the use of brakes, clutch and accellerator. He probably could have stopped (or at least slowed, therby showing intent not to cause damage???)
madcop said:
Stated case says that whoever has control over the motion and or direction of a motor vehicle is a driver (except where the person providing the motion by pushing it and steering it through the window).
I can just see this on an NIP now!
"Who was driving?" 
"Nobody!" "What?" "Check your pictures" 
aerotec said:
is it legal to unwrap a sandwich while someone steers for you?
not trying to take the pi55 just curious i would have thought this a big no no.
why dont they unwrap the sandwich?
No it is not illegal to unwrap a sandwich whilst driving if someone else holds the steering wheel. It is not very good practice but it makes both people drivers at that point. You are right about getting the passenger to unwrap the sandwich but can you remember a time when you asked a front seat passenger to hold the wheel whilst in motion so you could do something that required both hands
whilst you were at the controls?I'd say it would be the learner if they're using dual controls simply because the instructor doesn't have control of the accelerator, only clutch and brake.
However, they would have the ability to slow the car, yet they aren't technically driving it (hands on the wheel etc). They could probably be sued for dereliction of duty or some such, but it would be the poor kid at the wheel who walks away with £60 and three bonus points...
However, they would have the ability to slow the car, yet they aren't technically driving it (hands on the wheel etc). They could probably be sued for dereliction of duty or some such, but it would be the poor kid at the wheel who walks away with £60 and three bonus points...
hertsbiker said:
ok then, if it is a possibility - then who gets the ticket? surely 2 people cannot be done for 1 crime?
Yes they can, Aid and abet, counsel or procure the principle offence. Also they would both be commmitting seperate offences, but identical ones. Both would receive summons for identical offences at the same time as they both commit them individually even though the one vehicle was involved during the commision of a single offence.
Take a motorcyclist giving a lift to person with no crash helmet. One offence committed by the pasenger on a single machine but aided and abetted by the rider so they both get done for the same offence.
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