Who may be prosecuted for the offence of using a vehicle with the worn tyre?

Explanation: • Don: No, where one of a set of partners commits a driving offence, the other partner(s) is/are not vicariously liable as they are not in a master/servant relationship so only the partner driving can be prosecuted. The offence however could affect the operator licence if both individuals are operating this licence as a partnership.
• Both Steve and Don: No, where one of a set of partners commits a driving offence, the other partner(s) is/are not vicariously liable as they are not in a master/servant relationship so only the partner driving can be prosecuted. The offence however could affect the operator licence if both individuals are operating this licence as a partnership.
• Neither as the offence would go against the operator's licence: No, although the offence could have an impact on the operator licence held by the partnership and therefore would affect both individuals, only Steve could be 'prosecuted'.
• Steve: Yes.

Category: CPC Case Studies: Legal Matters