Road Traffic Act 1974

For the purposes of sections 59, 59A and 59BA(1), the circumstances in which a motor vehicle is involved in an incident occasioning the death of, or grievous bodily harm or bodily harm to, a person include those in which the death or harm is occasioned through —

the motor vehicle overturning or leaving a road while the person is being conveyed in or on the motor vehicle (whether as a passenger or otherwise); or

the person falling from the motor vehicle while being conveyed in or on it (whether as a passenger or otherwise); or

an impact between any object or thing and the motor vehicle while the person is being conveyed in or on the motor vehicle (whether as a passenger or otherwise); or

an impact between the person and the motor vehicle; or

an impact of the motor vehicle with another vehicle or an object or thing in, on or near which the person is at the time of impact; or

an impact with any object on or attached to the motor vehicle; or

an impact with any object that is in motion through falling from the motor vehicle.

For the purposes of sections 59, 59A and 59BA(1), a motor vehicle is also involved in an incident occasioning the death of, or grievous bodily harm or bodily harm to, a person if the death or harm is occasioned through the motor vehicle —

causing an impact between other vehicles or between another vehicle and any object, thing or person; or

causing another vehicle to overturn or leave a road; or

causing a person being conveyed in or on another vehicle to fall from that other vehicle.

In any proceeding for an offence against section 59 or 59A a person who had at the time of the alleged offence a blood alcohol content of or above 0.15 g of alcohol per 100 ml of blood shall be deemed to have been under the influence of alcohol to such an extent as to be incapable of having proper control of a motor vehicle at the time of the alleged offence.

In any proceeding for an offence against section 59 or 59A it is a defence for the person charged to prove that the death, grievous bodily harm or bodily harm occasioned by the incident was not in any way attributable (as relevant) —

to the fact that the person charged was under the influence of alcohol, drugs, or alcohol and drugs; or

to the manner (which expression includes speed) in which the motor vehicle was driven.

In any proceeding for an offence against section 59BA(1) it is a defence for the person charged to prove that the death, grievous bodily harm or bodily harm occasioned by the incident was not in any way attributable to the level of care and attention with which the motor vehicle was driven.