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Case Study 7

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The driver of a refuse truck pulls out from a stationary position to pass a bus stopped at a bus stop without adequate observation and without indicating. The driver of the blue and grey lorry swerves to avoid it and crashes through a wall. The driver of the refuse truck blames the lorry driver for not stopping and driving too fast and the driver of the lorry argues that the refuse truck driver should have indicated before pulling out.

There are 8 multiple choice questions in this case study. Read this carefully and ensure you fully understand the scenario before starting the test. You need to score 6 out of 8 to pass.

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Click on an answer to view the correct choice along with the explanation.

Correct Answer: D Third party
Explanation: • Defendant: No, this would be any person defending themselves against an accusation of criminal actions.
• First party: No, this would be the insurance company covering the insured party.
• Second party: No, this would be the person taking out the insurance policy.
• Third party: Yes, the third party is anyone involved who is not the insurance company or the person taking out the policy.
Correct Answer: C Only the blue truck
Explanation: All of them: No, some of them are exempt under Article 3 or Article 13 of EU 561/2006.
• Only the blue truck and the refuse truck: No. The refuse truck is exempt under Article 13ofEU 561/2006.
• None of them: No. this is incorrect they are not all exempt from the use of a tachograph.
• Only the blue truck: Yes, this is the only one of these vehicles which would require the use of a tachograph.
A His driving licence details
B His insurance details
C His name
D His name and address
E His name and address and the name and address of his employer
Correct Answer: E His name and address and the name and address of his employer
Explanation: • His name: No. he has to provide more than this.
• His name and address: No. he has to provide more than this.
• His insurance details: No. indeed an employed driver may not even know the employers insurer.
• His driving licence details: No. he only has to produce these to a policeman on request.
• His name and address and the name and address of his employer: Yes. he also must allow the other parties to take details of his Vehicle registration Mark (VRM).
A Report it to the police within 10 days
B Report it to the police within 24 hours
C Report it to the police within 7 days
D Write his name and address and leave it on the vehicles windscreen
Correct Answer: B Report it to the police within 24 hours
Explanation: • Write his name and address and leave it on the vehicle's windscreen: No. this would not meet the legal requirement.
• Report it to the police within 7 days: No, the timescale is very much less than this. This time-scale does refer to the number of days by which a driver must produce his driving documents to a police station if so required.
• Report it to the police within 10 days: No, it needs to be reported much sooner than this.
• Report it to the police within 24 hours: Yes, this is what is required by law.
Correct Answer: D 50%
Explanation: • 100%: No, no mechanical device can ever be 100% efficient.
• 75%: No.
• 25%: No, this is the required minimum in respect of the secondary braking system.
• 16%: No, this is the required minimum in respect of the parking brake.
• 50%: Yes, this is the required minimum in relation to the main braking system of a vehicle.
A The lorry driver should have stopped, not swerved
B The refuse truck driver should have checked his mirrors and indicated before pulling out
C The refuse truck driver should have checked his mirrors and waited for the other driver to pass
D The refuse truck driver should have waited for the bus to move
Correct Answer: C The refuse truck driver should have checked his mirrors and waited for the other driver to pass
Explanation: • The refuse truck driver should have indicated before pulling out: No: The driver of the refuse truck should not have moved off until he had made adequate rear observation. Indicating does not give a vehicle any priority. It is up to a driver to ensure the road is clear before moving off.
• The refuse truck driver should have waited for the bus to move: No: The bus may have been parked there for a long period of time so this is not a practical solution unless the driver of the refuse truck knows that the bus is about to move off.
• The lorry driver should have stopped, not swerved: No: Whilst the driver of the lorry should be going at a speed at which he can react to any emerging danger, if the lorry driver had no warning and the refuse truck moved off as he was coming alongside it, there would not have been time to stop - and the natural reaction would be to take avoiding action.
• The refuse truck driver should have checked his mirrors and waited for the other driver to pass: Yes: It is important to make adequate all-round observation (and to indicate your intentions if someone will benefit from the indication) before starting any manoeuvre. If your action will cause other drivers to brake or change direction, you should wait.
A Check persons for injury and then phone the emergency services
B Make certain that he takes the name and address of the other driver
C Make sure he takes the name and address of the other driver and the name and address of the company he works for
D Phone the emergency services
Correct Answer: A Check persons for injury and then phone the emergency services
Explanation: • Phone the emergency services: No, not at this stage because they may not be required.
• Make certain that he takes the name and address of the other driver: No, technically and legally, there are no other drivers INVOLVED in the accident.
• Make sure he takes the name and address of the other driver and the name and address of the company he works for - technically and legally, there are no other drivers INVOLVED in the accident.
• Check persons for injury and then phone the emergency services: Yes, this should be the first reaction.
Correct Answer: D 7 days
Explanation: • 24 hours: No.
• 3 days: No, it is longer than this.
• 5 days: No, it is longer than this.
• 7 days: Yes.