Use, Cause, Permit, Aid, And Abet

Describe circumstances in which a person may be said to use a vehicle.

Always use: • Driver • Owner if driven for business • Owner if present and vehicle used for their purpose • Passengers if they solicit the journey and it would not have taken place without them.

Outline the meaning of aid and abet as it applies to S44 (1) of the Magistrates' Courts Act 1980.

A person who aids, abets, counsels, or procures the commission by another of a summary offence shall be guilty of the like offence.

Describe circumstances in which a person may be said to 'permit' the use of a vehicle.

Let someone use your car that you know to have faulty lights. Allow a provisional licence holder to drive a car. An element of turning a blind eye may also apply.

Describe circumstances in which a person may be said to cause the use of a vehicle.

Need to prove that the defendant had the authority to cause the use of the vehicle and that he: • Knew the vehicle was being used on a road • Was aware of the facts of the offence • Authorised or ordered another person to use the vehicle. To cause a person must know what the principle offender is doing or failing to do.

Outline the meaning of 'permit' and to whom it may apply.

The offence of permitting is committed if a person gives another person permission to use a vehicle and it can be shown that the person was permitting was aware or should have been aware of the facts of the offence committed in relation to the use of the vehicle

Describe circumstanced in which a person may be said to aid and abet the commission of a summary offence by another.

The person must have had knowledge of the facts of the offence and assisted in the commission of the offence, or they had a duty to act and failed to act in that duty.

Outline the meaning of 'use' and to whom it may apply.

The term use has been held to involve an element of controlling, managing or operating the vehicle as a vehicle.

Outline the meaning of 'cause' and to whom it may apply.

To cause is to expressly or impliedly mandate an offending act or omission.