ABSTRACT

Hilbery J: I agree. The regulation is framed to make some provision for the protection of the public against the dangers to which they are exposed through a car being driven on the road by a driver who is still a learner and therefore assumed to be not fully competent. It is, I can only suppose, because a learner driver is assumed to be not fully competent that the regulation provides that a supervisor shall accompany him. This being so, the supervisor must be intended by the regulation to have the duty, by supervision, of making up as far as possible for the driver’s incompetence. In other words, it is the supervisor’s duty, when necessary, to do whatever can reasonably be expected to be done by a person supervising the acts of another to prevent that other from acting unskilfully or carelessly or in a manner likely to cause danger to others, and to this extent to participate in the driving.