OpenLegislation

Section 47 User-in-charge not liable for manner of drivingI1

England, Wales and Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An individual does not commit an offence arising from the way in which a vehicle is driven if subsection (2) or (3) applies (subject to section 48).

(2)

This subsection applies if the individual is the user-in-charge of the vehicle at the time of the act that would constitute the offence.

(3)

This subsection applies if the act that would constitute the offence—

(a)

results from something done by the vehicle while the individual was its user-in-charge, and

(b)

does not also result from the individual’s conduct after ceasing to be the user-in-charge falling below the standard that could reasonably be expected of a careful and competent driver in the circumstances.

(4)

For the purposes of this section, the way in which a vehicle is driven—

(a)

includes (for example) the use of its signals and lighting, but

(b)

does not include (for example) the condition or qualifications of the driver.

Annotations

Commencement

I1

S. 47 not in force at Royal Assent, see s. 99(1)