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One for the lawyers...


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At many points in this scenario I may very well be talking bollox, but bear with me.

 

 

As far as I'm aware, it is an offence to be under the influence of alcohol when sitting as a 'passed driver' for a learner.

 

However, it is legal for a learner to drive a three-wheeler unaccompanied.

 

If a full licence holder, under the influence of enough alcohol to cause him to fail a breath test, accepts a lift from a three-wheeler-driving learner is he deemed to be acting as the passed driver and thus committing an offence?

 

Even if he didn't know the driver was a learner?

 

Not a real-life scenario(for me), but it could happen...couldn't it?

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Do The Dance

It's a vehicle weight issue. If the vehicle weighs over 550kg (I think) then you must have a full license. Really not sure on the passenger side of things!

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Stupid Sexy Flanders
At many points in this scenario I may very well be talking bollox, but bear with me.

 

 

As far as I'm aware, it is an offence to be under the influence of alcohol when sitting as a 'passed driver' for a learner.

 

However, it is legal for a learner to drive a three-wheeler unaccompanied.

 

If a full licence holder, under the influence of enough alcohol to cause him to fail a breath test, accepts a lift from a three-wheeler-driving learner is he deemed to be acting as the passed driver and thus committing an offence?

 

Even if he didn't know the driver was a learner?

 

Not a real-life scenario(for me), but it could happen...couldn't it?

 

Surely not if the learner doesn't require a passed driver to be able to drive the three-wheeler in the first place?

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But perhaps like a scooter/motorbike, if someone is still a learner i.e. has L plates on their wehicle, they are not allowed to carry passengers. as far as i remember.

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As I said I could be talking bollox...but I thought a passed driver could be carried as a passenger...

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As I said I could be talking bollox...but I thought a passed driver could be carried as a passenger...

 

But wouldn't that then invoke

 

As far as I'm aware, it is an offence to be under the influence of alcohol when sitting as a 'passed driver' for a learner.

 

Because the driver of the 3 wheeler/motorbike/scooter is still essentially a learner?

 

As you may have already thought, I don't know either! :o

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I was trying to get across the passed driver as a passenger being over the limit, but also being unaware that the driver was a learner.

 

The scenario I envisaged was someone (a full licence holder) walking home from the pub and accepting a lift from someone (a learner) in a three-wheeler.

Could the full-licence holder unknowingly be acting as the learner driver's passed driver? And thus liable to the punishment for any offence committed?

 

Might pop along and ask the local plod tomorrow - not that I'm planning accepting a lift from a 3-wheeler driver whilst over the limit :)

 

Anyhoo, as you say Boris, neither of us knows for sure.

I do know I was having more fun last Friday :cheers:

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Era Macaroons

Im a lawyer.

 

Under Section 13 of the World Wide Web you could both be charged with talking bollox with nothing else better to do.

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Im a lawyer.

 

Under Section 13 of the World Wide Web you could both be charged with talking bollox with nothing else better to do.

 

Obviously speaking from experience then. :rolleyes:

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Jambof3tornado

I would have to be totally minced to get into a 3 wheeler,let alone a 3 wheeler with a learner at the wheel!!!;)

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