Road Rules - do they affect you?

As a general rule, every driver is liable for their actions, independently of what another road-user does, unless what happens is not solely and exclusively the fault of the other road-user.

 

Each and every time a person is charged in court with driving a motor vehicle in a negligent and / or reckless and / or dangerous manner or any other similar offence the presiding judge or magistrate is required to delve into the whether or not the driver of a motor vehicle was actually driving the motor vehicle in such manner.

 

In its judgement given on the 12^th December 2018 in respect of Appeal number 111/2018, the Maltese Court of Criminal Appeal held that whereas negligent or reckless driving occurs when the driver employs a lack of the normal prudence which one should observe in order to avoid the dangers the dangers that arise. The court also held that dangerous driving involves a certain degree of recklessness.

 

Whilst most people would assume that these offences relate solely to over-speeding, a little though will bring one to realise that keeping within the allowed speed limits is just one of many obligations which anybody wishing to obtain a driver's licence must learn.

 

The quoted judgement highlights the importance that any road-user must give to being properly aware of what is happening in one's immediate vicinity and not taking any risk that a prudent driver would not take. In fact, the court also referred to other judgements which substantiate that it is a driver’s duty to see what is in plain view and that when a driver does not see that which should reasonably be seen it means that the driver is not keeping “a proper lookout.”

 

In defining the concept of "Keeping a proper lookout”, the Court adopted the definition given by the English Courts in the decision given in the Newhaus N.D. Bastion Insurance Co. Ltd., (1968) judgement where it was held that:

 

"Keeping a proper lookout means more than looking straight ahead, it includes an awareness of what is happening in one's immediate vicinity. A motorist shall have a view of the whole road passing through a built-up area, of the pavements or the side of the road as well."

 

The court also made refence to a number of basic rules listed in the Maltese Highway Code which drivers should adhere to, these include.

 

r    Never overtake unless you are SURE that you can do so without danger to yourself or others.

 

~   Be specially careful at dusk and in mist, when it is more difficult to judge speed and distance.

 

r      DO NOT OVERTAKE at or when approaching:

• a pedestrian crossing, pelican crossing or traffic lights.

• a road junction.

• a sharp corner or bend.

• the brow of a hill.

• a hidden dip.

 

~    You should be aware of what is behind and to the sides before manoeuvring. Look behind you; use the fitted mirrors.

 

~    When overtaking traffic queues look out for pedestrians crossing between vehicles and vehicles emerging from junctions.

 

~    At an intersection or junction of a major road and a minor road, traffic on the minor road should give way to traffic on or coming off the major road.

 

After noting these principles, the court went on to state two more requisites; firstly, that whenever a side road user crosses onto a main road, this must be done with due caution, after first having ascertained that it is free. Secondly, the court stated that a side road user must enter a main road without taking any risk that a prudent driver would not take.

  

N.B. The information provided herein does not constitute legal advice. For further information, please feel free to call +356 99491230 or send an email to avukatdemaria@gmail.com.