Well, one example might be a rear seat passenger opening a door while the vehicle was moving (perhaps to vex a lanesplitting motorcyclist). Passengers in cars have duties and responsibilities as well, both under the various Transport Acts and under common law.Originally Posted by discotex
Here is an interesting thought however. Suppose a vehicle is stopped. The driver has a L licence. In the passenger seat is a fully licensed person. He, however, disclaims any responsibility and says "No, I am not a supervisor, I am just along for the ride. What the driver does is nothing to do with me". Where does that leave either the driver or the supervisor (The Driver Licensing Rule 1999 says " The holder must not drive the vehicle (unless driving a motorcycle, moped, or an all-terrain vehicle) unless the holder is accompanied in the vehicle by a person who—
(i) Holds, and has held for at least 2 years, a full licence of a class that authorises that person to drive that vehicle; and
(ii) Is in charge of the vehicle; and"
). If the supervisor may disclaim his charge, then that gets him off the hook of a DIC charge. At the expense of the L driver. Who could howver, say "News to me. I checked he had a full, told him I was an L. He never said he wasn't in charge until the cop asked hikm. How am I supposed to know?"
But the "in charge" bit is problematic. If taken logically this would mean that, for instance, the supervisor would be responsible for any speeding ticket incurred by the driver. Note also, the Rule says "is in charge", not "accepts charge of ". On such minutiae lawyers grow fat.
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