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  • APIL Guide to RTA Liability

APIL Guide to RTA Liability


An indispensable book for all PI practitioners

Paperback i

Book printed softcover

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* Call 0330 161 1234 to find out more about online services

The work is broken down into 26 accessible chapters, each focusing on a particular aspect of RTA liability. It includes coverage of the liability of each participant; the particular rules that apply to local authorities, children and schools, public service vehicles, etc; the liability of cyclists and motor cyclists; the specific rules that apply in a range of different circumstances such as low velocity crashes, accidents abroad, etc; and practical guidance on the liability of insures and the MIB.

This new edition has been thoroughly updated and includes coverage of developments in law and practice, including:
  • Claims made in the UK arising from foreign accidents
  • New EC directive consolidating all old RTA Directives
  • Pedestrians run down when drunk
  • Failure to wear a seat belt.
  • What is a motor vehicle? Trail bikes and electric trikes
  • As well as a new section containing draft model pleadings
10% discount for APIL Members, to take advantage of this offer please call Customer Services on +44 (0)330 161 1234.
  • Incidence of RTA Claims in England and Wales
  • RTA Liability - General Principles
  • Low Velocity Crashes
  • Liability for Learner Drivers
  • Owners’ Liability
  • Passengers’ Liability
  • Driver’s Liability – Speed and Braking
  • Driver’s Liability – Overtaking
  • Driver’s Liability – Turning and Side Roads
  • Driver’s Liability – Lighting
  • Driver’s Liability – Traffic Lights
  • Driver’s Liability – Road Sign
  • Driver’s Liability – Roundabouts
  • Pedal Cyclist’s Liability
  • Motor Cyclist’s Liability
  • Emergency Vehicles’ Liability
  • Pedestrians’ Liability
  • Liability of Children and Schools
  • Local Authority Liability
  • Roadside Neighbours’ Liability
  • Liability for Injuries Caused by Animals in Road Traffic Accidents
  • Liability for Spillages and Obstructions on the Highway
  • Public Service Vehicles
  • Road Traffic Accidents Abroad
  • Insurers’s Liability
  • Motor Insurers’ Bureau’s Liability
  • Precedents
“an absolute gem...this will now be my book of first choice when I need to check on the finer points of road traffic liability”
 From the Foreword to the First Edition by Amanda Stevens, Former APIL President

"Larger, Better & More Informative for the RTA/PI practitioner....the book of first choice when you need to check on any of the finer points of road traffice liability law....a very clear and user friendly format....the second edition is something we cannot be without when conducting RTA trials and advising in this contentious area od litigation"
  Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambersfor the full review click here
RTA law has moved on apace since the first edition.

 I am very grateful to the barristers at 9 Gough Square for applying their considerable experience to producing the second edition. It is larger, better and more informative and I hope that readers around Great Britain will find this text useful in their day-to-day practices.

 If readers find any errors or omissions please feel free to email me at aritchie@9goughsquare.co.uk and we will consider them for the third edition.

 Andrew Ritchie QC,
 9 Gough Square, London, EC4A 3DG
 February 2012
Laura Begley
 Adam Dawson
 Aileen Downey
 Laura Elfield
 Jeremy Ford
 Edward Lamb
 Robert McAllister
 Oliver Millington
 Giles Mooney
 Linda Nelson
 Esther Pounder
 Shahram Sharghy
 Rajeev Shetty
 Christopher Stevenson
 Emily Verity
 Tara Vindis
 Mark Whalan
 Christopher Wilson
All Barristers, 9 Gough Square, London

 Christopher Stephenson


 Buses have accidents. So do coaches and mini cabs. The normal principles of negligence apply. The injured passengers and other persons affected by such negligence can sue the Public Service Vehicle (‘PSV') provider for the negligence of its employee.

 23.2 No exclusion of liability allowed

 When we buy a ticket for a journey on a PSV, we are entering into a contract for carriage. We look at the small print on the back of the ticket and we will find all sorts of terms and conditions. However, contracts for carriage cannot seek to limit the liability of the service provider for death or personal injury caused to a passenger. That is no more than a statement of the words set out in s 2(1) of the Unfair Contract Terms Act 1977, which provides that no contract is capable of limiting such a liability.

 That provision is replicated in specific terms in relation to contracts of carriage by PSV by s 29 of the Public Passenger Vehicles Act 1981, which states that insofar as any contract for the conveyance of passengers by PSV seeks to limit such a liability, it shall be void. A PSV is defined in s 1 of the Act as any motor vehicle, save for a tram, which:

 ‘(a) being adapted to carry more than eight passengers, is used for carrying passengers for hire or reward, or (b) being a vehicle not so adapted, is used for carrying passengers for hire or reward at separate fares in the course of a business of carrying passengers.'

 This chapter is not limited to accidents which occur on public transport; the principles also apply to a private hire coach or London buses.

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