Quote:
|
Originally Posted by geckoGT
Things like speed in roundabouts often come under "driving with due care and attention". This is kind of a blanket rule that covers any act you do that has directly caused a crash or dangerous situation that is not covered under another segment of legislation.
For example, a Paramedic in QLD was clocked doing over 170 km/h in no traffic and good conditions whilst responding to a lights and sirens case by what I believe was a camera unit. This was in a sedan that was more than capable of that speed and it was a clear motorway with no intersections.
The case went to court and although under QLD legislation there is no limit on how high over the speed limit an emergency vehicle can go, the legislation does state they have to use "due care and attention". The magistrate found the officer guilty of failing to drive with due care and attention as he did not believe exceeding the speed limit by more than 40 km/h could ever be considered using due care and attention.
In reference to a normal driver, this term "due care and attention" is difficult to find in the QLD road rules but that does not say it is not there or not in some other relevant legislation (basically I can't be bothered looking). I have on many occasions heard the police refer to this term or similar at the scene of crashes.
|
Mate, sometimes you focus too much on legislation, yet then cite a case. While it is highly relevant and the foundation of many laws, and the beginning of many legal concepts, it is always further enhanced or defined in caselaw (sometimes more narrowly than the general use of the words would imply, sometimes wider). Some of the things people mention is found in interpretation of legislation by a judge, and therefore will only be, until the legislation is updated to include it, found in cases. Look at all the legislation you like, some things just wont be there because its only in the caselaw.
I believe the current legal interpretation is a driver is supposed to slow to a suitable speed before entering a roundabout that will allow them to stop without entering the roundabout if they need too. And to nip in the bud before it starts, I would suggest arguments relating to my super duper brakes and expensive tyres mean I can go faster than say a normal Laser on cheap Chinese tyres is probably not going to carry much weight.