Prawo karne i postępowanie karne

Odpowiedzialność karna kursanta i instruktora za spowodowanie wypadku lub wykroczenia drogowego?

Odpowiedzialność kursanta i instruktora za wypadek lub wykroczenie drogowe wywołuje wiele rozbieżności. Należy przyjąć, że kursant jak i instruktor są uczestnikami ruchu i współprowadzącymi pojazd. Ciąży na nich obowiązek zapewnienia bezpieczeństwa innym użytkownikom drogi mimo że nie kierują oni bezpośrednio pojazdami.

Zgodnie z art. 2 pkt 17 prawa o ruchu drogowego Instruktor przebywając w pojeździe jest uczestnikiem ruchu, a także współkierującym pojazdem i nie musi polegać na osobistym kierowaniu pojazdem.

Osoba ubiegająca się o prawo jazdy (kursant), podobnie jak instruktor, za spowodowanie wypadku w trakcie odbywania nauki jazdy odpowiada na zasadach ogólnych, określonych w przepisach Kodeksu karnego. Ich odpowiedzialność jest niezależna od siebie. Dla przyjęcia tej odpowiedzialności nie jest konieczne odwoływanie się do współkierowania przez kursanta i instruktora pojazdem mechanicznym. Z racji czynności wykonywanych w trakcie odbywania nauki jazdy przez kursanta, który przez przepisy Prawa o ruchu drogowym jest wprost uznawany za kierującego oraz pozycji i roli instruktora w procesie szkolenia, obaj są uczestnikami, ponosząc odpowiedzialność za naruszenie przez siebie zasady bezpieczeństwa w ruchu lądowym (Postanowienie SN z 23 lutego 2021 r, III K 276/10.

Należy podkreślić, że to instruktor wydaje polecenia dotyczące uruchomienia pojazdu, kierunku jazdy, a przy pomocy znajdujących się w nich zasięgu urządzeń, sprawują kontrolę na przebiegiem jazdy.

LegalnaFura jest wspierana przez Tomczak Legal Mateusz Tomczak. Jeśli potrzebujesz pomocy, koniecznie skontaktuj się biuro@tomczaklegal.pl

Literatura:

  • Postanowienie SN z 23 lutego 2021 r, III K 276/10.
  • Mariusz Olężałek, Metodyka pracy adwokata i radcy prawnego w sprawach przestępstw oraz wykroczeń drogowych
jak bezpiecznie kupić używany samochód

Jak bezpiecznie kupić używany samochód?

Z ebook dowiesz się między innymi:

  • co powinna zawierać umowa sprzedaży samochodu;
  • zakup samochodu od komornika;
  • zakup samochodu po śmierci właściciela;
  • jakie podatki muszę zapłacić;
  • dlaczego nie warto podpisywać umowy z tzw. „Niemcem”

Pobierz darmowy rozdział tutaj

Jeśli chcesz dokonać zakupu, kliknij tutaj.

35 komentarzy

  • Ablissabof

    You create them.
    He once stated, It is better to be alone than in bad company.
    It’s easier to do it yourself rather than try to explain it to someone else.
    (I say these words to make me glad),
    So my advice.
    How many times have you heard one of the following aphorism examples.
    Your wish is my command.
    Here’s a classic Japanese saying for you.
    It’s become one of the most viral memes on the internet.
    This also reminds me of a precept by Sir Edwin Sandys, a politician who helped establish Jamestown, Virginia.
    Want a few more.
    ’Ah, all things come to those who wait,’
    And then.
    Today, I’ll define aphorism and show you how these handy little sayings make your writing more memorable.
    Now that we’ve covered the aphorism definition, are you ready for more examples.
    Nanakorobi yaoki.

  • Ablissabof

    He played the villain in the movie that famously stated.
    This aphorism is short and sweet, but it teaches us a valuable truth.
    The origins of this saying are open for debate, but it’s primarily attributed to Abraham Lincoln.
    It meant that the person was versatile and adept at many things.
    It’s time.
    The term aphorism originates from late Latin aphorismus and Greek aphorismos.
    Do you believe that a penny saved is a penny earned.
    You get up and keep trying.
    But Yoda isn’t having it.
    Have you ever felt frustrated when other people didn’t meet your expectations.
    Yup, he was reminding Philadelphians that preventing fires is better than fighting them.
    It meant that the person was versatile and adept at many things.
    Their direct, witty approach is what makes these self-evident truths powerful.
    Now here’s the big question.
    Repeat after me.
    It’s better safe than sorry, right.

  • Ablissabof

    Take a look.
    Have you ever felt frustrated when other people didn’t meet your expectations.
    It’s easier to do it yourself rather than try to explain it to someone else.
    The original saying was, Eat an apple on going to bed, and you’ll keep the doctor from earning his bread.
    Pick an aphorism that relates to your message and use it to stay focused on your overarching theme.
    Too many times to count, right.
    But, the aphorism is short and sweet.
    The meaning.
    It’s become one of the most viral memes on the internet.
    Sandys said, Honestie the best policie, which in modern English is…
    The complete quote was, A Jack of all trades and master of none, but oftentimes better than a master of one.
    Not so much.
    Not only that, but you can use aphorisms in your writing to summarize your central theme.
    How do aphorisms differ from adages and proverbs.
    The early bird gets the worm.
    The meaning.

  • Ablissabof

    Examples of Aphorism in Politics
    Washington also said, It is better to offer no excuse than a bad one.
    The origins of this saying are open for debate, but it’s primarily attributed to Abraham Lincoln.
    They’re easy to remember and pass down through generations because they’re concise.
    So my advice.
    But one key difference is that for a phrase to be truly aphoristic, it needs to be a short statement.
    It’s a great saying, but it’s not something you’d necessarily repeat over the dinner table.
    This famous motto highlights the truism that life is full of ups and downs.
    Take a look.
    We’ve all probably had to learn that the hard way.
    Shifting gears a little, let’s talk about one of the world’s greatest aphorists – Benjamin Franklin.
    Let’s talk about that.
    So my advice.
    How do aphorisms differ from adages and proverbs.
    Your wish is my command.
    The meaning.

  • Ablissabof

    It’s one of my favorite aphorisms because it’s simple but yet powerful.
    Yup, you guessed it.
    Interestingly enough, this saying was initially intended as a compliment.
    Let’s talk about that.
    So my advice.
    They’re in social media captions all over the web.
    Now compare that proverb to this famous aphorism.
    Better safe than sorry is a piece of wisdom from Samuel Lover’s book, Rory O’More.
    Another example comes from Spider-Man, where Uncle Ben turns to Peter Parker and says, With great power comes great responsibility.
    Sandys said, Honestie the best policie, which in modern English is…
    Want a few more.
    Today, calling someone a Jack of all trades is usually a jab because it implies that their knowledge is superficial.
    And get this.
    What is an Aphorism.
    Do you believe that a penny saved is a penny earned.
    This famous motto highlights the truism that life is full of ups and downs.

  • Ablissabof

    It’s become one of the most viral memes on the internet.
    Picture of Benjamin Franklin and a caption that says „Aphorist Extraordinaire”
    Want a few more.
    Today, calling someone a Jack of all trades is usually a jab because it implies that their knowledge is superficial.
    And get this.
    What is an Aphorism.
    Proverbs, on the other hand, can be much longer than aphorisms and adages.
    Another aphorism that’s adapted is, Don’t count your chickens before they hatch.
    Remember that.
    Let me ask you.
    One of his most notable is, An ounce of prevention is worth a pound of cure.
    Finally, All things come to those who wait is a good aphorism we’re all familiar with.
    Your stories can benefit from this method too.
    What is an Aphorism.
    20 Aphorism Examples
    Don’t count on things that haven’t happened yet because something unexpected could occur.

  • Ablissabof

    It’s one of my favorite aphorisms because it’s simple but yet powerful.
    We’ve all probably had to learn that the hard way.
    One of his most notable is, An ounce of prevention is worth a pound of cure.
    search bar with „what use aphorism.” written
    It’s time.
    Now here’s the big question.
    We see this in literature all the time.
    Here’s a classic Japanese saying for you.
    Luke’s having a tough time, and he’s discouraged.
    Have you ever felt frustrated when other people didn’t meet your expectations.
    It’s easier to do it yourself rather than try to explain it to someone else.
    Not so much.
    And get this.
    They’re written in countless books and passed down as folk wisdom.
    And since they’re universal truths about life, they help persuade your reader to accept your message.
    Better safe than sorry is a piece of wisdom from Samuel Lover’s book, Rory O’More.

  • Ablissabof

    George Washington is known for his wise sayings.
    Honesty is the best policy.
    Want a few more.
    It originated from Lady Mary Montgomerie Currie’s poem Tout vient a qui sait attendre.
    You’re prepared to use these handy little sayings to make your prose more relatable.
    Curiosity killed the cat.
    Both sayings highlight the benefits of waking up early.
    It originally read, Count not they chickens that unhatched be…
    It’s one of the most recognized aphoristic statements today.
    Sandys said, Honestie the best policie, which in modern English is…
    One of his most notable is, An ounce of prevention is worth a pound of cure.
    Another memorable aphorism is, An apple a day keeps the doctor away.
    Give it a try!
    An aphorism is a literary device that uses a short, clever saying to express a general truth.
    Both sayings highlight the benefits of waking up early.
    It reminds us to take precautionary measures, so we don’t end up with bad results.

  • Ablissabof

    Another example comes from Spider-Man, where Uncle Ben turns to Peter Parker and says, With great power comes great responsibility.
    Washington also said, It is better to offer no excuse than a bad one.
    He’s earned that title because he’s authored dozens of aphorisms.
    search bar with „what use aphorism.” written
    Then use it as a guideline to stay focused on your general theme.
    What is an Aphorism.
    Now that we’ve covered the aphorism definition, are you ready for more examples.
    Better safe than sorry is a piece of wisdom from Samuel Lover’s book, Rory O’More.
    Examples of Aphorism in Politics
    Life is too short to surround yourself with toxic people.
    Sometimes, though.
    Another memorable aphorism is, An apple a day keeps the doctor away.
    But there’s no certain magic to sprinkling aphorisms into your writing.
    But one key difference is that for a phrase to be truly aphoristic, it needs to be a short statement.
    See the difference.
    Examples of Aphorisms for Success

  • Ablissabof

    There is no try.
    Yup, you guessed it.
    Sometimes, though.
    The Purpose & Function of Aphorism
    And then.
    The term aphorism originates from late Latin aphorismus and Greek aphorismos.
    Take this proverb, for example.
    It reminds us to take precautionary measures, so we don’t end up with bad results.
    What am I referring to.
    He once stated, It is better to be alone than in bad company.
    One of his most notable is, An ounce of prevention is worth a pound of cure.
    Now you might be asking.
    You’re prepared to use these handy little sayings to make your prose more relatable.
    They’re inspirational quotes.
    If you do, you agree with George Herbert’s famous aphorism from his book, Outlandish Proverbs.
    It’s better safe than sorry, right.

  • Ablissabof

    Remember that.
    Honesty is the best policy.
    He once stated, If you want a thing done well, do it yourself.
    But these days.
    Aphoristic statements also appear in everyday life, such as daily speeches made by politicians and leaders.
    That’s why aphorisms, adages, and proverbs are synonyms for each other.
    And since they’re universal truths about life, they help persuade your reader to accept your message.
    Fall seven times, stand up eight.
    But Yoda isn’t having it.
    Aphorism Examples in Everyday Speech
    That’s not what you expected, was it.
    But these days.
    Their direct, witty approach is what makes these self-evident truths powerful.
    Don’t judge a book by its cover.
    If you do, you agree with George Herbert’s famous aphorism from his book, Outlandish Proverbs.
    What does it mean.

  • Ablissabof

    He knows that Luke should either decide that he can do it or decide to quit.
    This also reminds me of a precept by Sir Edwin Sandys, a politician who helped establish Jamestown, Virginia.
    Sometimes, though.
    The Purpose & Function of Aphorism
    Your stories can benefit from this method too.
    How do aphorisms differ from adages and proverbs.
    20 Aphorism Examples
    Another success aphorism comes from Chris Grosser.
    Check it out.
    This also reminds me of a precept by Sir Edwin Sandys, a politician who helped establish Jamestown, Virginia.
    The complete quote was, A Jack of all trades and master of none, but oftentimes better than a master of one.
    They’re easy to remember and pass down through generations because they’re concise.
    Pick an aphorism that relates to your message and use it to stay focused on your overarching theme.
    Practice what you preach.
    Brevity is the key.
    Speaking of being safe, that’s another aphorism example that you’ve probably heard before.

  • Ablissabof

    George Washington is known for his wise sayings.
    Life is too short to surround yourself with toxic people.
    Want a few more.
    It meant that the person was versatile and adept at many things.
    You’re prepared to use these handy little sayings to make your prose more relatable.
    An aphorism is a literary device that uses a short, clever saying to express a general truth.
    See the difference.
    What does it mean.
    Take a look.
    Washington also said, It is better to offer no excuse than a bad one.
    Want a few more.
    (I say these words to make me glad),
    From there, you can build your story around it.
    An aphorism is a literary device that uses a short, clever saying to express a general truth.
    But, the aphorism is short and sweet.
    What does it mean.

  • Alexisreile

    It’s a great saying, but it’s not something you’d necessarily repeat over the dinner table.
    Another aphorism that’s adapted is, Don’t count your chickens before they hatch.
    It’s one of the most recognized aphoristic statements today.
    Napoleon Bonaparte could relate.
    Interestingly enough, this saying was initially intended as a compliment.
    Now you might be asking.
    And then.
    Practice what you preach.
    If you do, you agree with George Herbert’s famous aphorism from his book, Outlandish Proverbs.
    It’s better safe than sorry, right.
    If you can do something, then you need to do it for the good of others.
    Honesty is the best policy.
    Sometimes, though.
    It originated from Lady Mary Montgomerie Currie’s poem Tout vient a qui sait attendre.
    Give it a try!
    Don’t judge a book by its cover.

  • Alexisreile

    Repeat after me.
    Examples of Aphorisms for Success
    Take a look.
    Let me ask you.
    Finally, Actions speak louder than words is another classic example.
    It originated from Lady Mary Montgomerie Currie’s poem Tout vient a qui sait attendre.
    Build a storyline around that saying.
    Don’t judge a book by its cover.
    But, the aphorism is short and sweet.
    Examples of Aphorisms for Success
    There is no try.
    We’ve all probably had to learn that the hard way.
    The origins of this saying are open for debate, but it’s primarily attributed to Abraham Lincoln.
    This quote came from Wales, first appearing in an 1866 publication.
    Then use it as a guideline to stay focused on your general theme.
    Curiosity killed the cat.

  • Alexisreile

    Do you believe that a penny saved is a penny earned.
    This famous motto highlights the truism that life is full of ups and downs.
    The part in Star Wars where Yoda says, There is do, or do not.
    Washington’s message was that it’s wiser to be upfront and deal with the consequences.
    He once stated, If you want a thing done well, do it yourself.
    ’Ah, all things come to those who wait,’
    Not only that, but you can use aphorisms in your writing to summarize your central theme.
    Today, I’ll define aphorism and show you how these handy little sayings make your writing more memorable.
    Examples of Aphorism in Literature
    Don’t count on things that haven’t happened yet because something unexpected could occur.
    Thomas Jefferson also mirrored this general idea when he said, I find that the harder I work, the more luck I seem to have.
    This aphorism is short and sweet, but it teaches us a valuable truth.
    That’s not what you expected, was it.
    search bar with „what use aphorism.” written
    There must be a method to your madness.
    How many times have you heard one of the following aphorism examples.

  • Alexisreile

    Proverbs, on the other hand, can be much longer than aphorisms and adages.
    Examples of Aphorisms for Success
    He played the villain in the movie that famously stated.
    We’ve all probably had to learn that the hard way.
    He’s earned that title because he’s authored dozens of aphorisms.
    Now you might be asking.
    And then.
    Practice what you preach.
    Repeat after me.
    Examples of Aphorisms for Success
    Another example comes from Spider-Man, where Uncle Ben turns to Peter Parker and says, With great power comes great responsibility.
    Washington also said, It is better to offer no excuse than a bad one.
    Yup, he was reminding Philadelphians that preventing fires is better than fighting them.
    The Purpose & Function of Aphorism
    Aphoristic statements also appear in everyday life, such as daily speeches made by politicians and leaders.
    An aphorism is a literary device that uses a short, clever saying to express a general truth.

  • Alexisreile

    If you do, you agree with George Herbert’s famous aphorism from his book, Outlandish Proverbs.
    Because let’s face it, perseverance is the key to success in life.
    It’s become one of the most viral memes on the internet.
    Napoleon Bonaparte could relate.
    The origins of this saying are open for debate, but it’s primarily attributed to Abraham Lincoln.
    Now you might be asking.
    Their direct, witty approach is what makes these self-evident truths powerful.
    The term aphorism originates from late Latin aphorismus and Greek aphorismos.
    But, the aphorism is short and sweet.
    You get up and keep trying.
    But Yoda isn’t having it.
    Napoleon Bonaparte could relate.
    Sometimes, though.
    The original saying was, Eat an apple on going to bed, and you’ll keep the doctor from earning his bread.
    So my advice.
    That’s why aphorisms, adages, and proverbs are synonyms for each other.

  • Alexisreile

    20 Aphorism Examples
    It originally read, Count not they chickens that unhatched be…
    Keep your friends close, but your enemies closer.
    Honesty is the best policy.
    Yup, he was reminding Philadelphians that preventing fires is better than fighting them.
    Not good.
    Ready to Use These Aphorism Examples In Your Writing.
    That’s why aphorisms, adages, and proverbs are synonyms for each other.
    20 Aphorism Examples
    Here’s a classic Japanese saying for you.
    Opportunities don’t happen.
    Washington’s message was that it’s wiser to be upfront and deal with the consequences.
    The complete quote was, A Jack of all trades and master of none, but oftentimes better than a master of one.
    ’Ah, all things come to those who wait,’
    Ready to Use These Aphorism Examples In Your Writing.
    Truthfully, there aren’t huge differences between the three.

  • Alexisreile

    Guy standing at a bookshelf
    Because let’s face it, perseverance is the key to success in life.
    See for yourself.
    This is especially true if the excuse is a lie.
    The complete quote was, A Jack of all trades and master of none, but oftentimes better than a master of one.
    It meant that the person was versatile and adept at many things.
    Pick an aphorism that relates to your message and use it to stay focused on your overarching theme.
    What is an Aphorism.
    We see this in literature all the time.
    Here’s a classic Japanese saying for you.
    Thomas Jefferson also mirrored this general idea when he said, I find that the harder I work, the more luck I seem to have.
    Like George Washington, Sandys believed that telling the truth is always the way to go.
    People often use this quote when discussing health, but Franklin was talking about fire safety.
    This quote came from Wales, first appearing in an 1866 publication.
    From there, you can build your story around it.
    Truthfully, there aren’t huge differences between the three.

  • zoritoler imol

    Hiya, I’m really glad I’ve found this information. Today bloggers publish just about gossips and internet and this is really frustrating. A good blog with interesting content, this is what I need. Thank you for keeping this web site, I will be visiting it. Do you do newsletters? Can’t find it.

  • zoritoler imol

    Almost all of what you claim happens to be supprisingly appropriate and it makes me wonder why I had not looked at this with this light previously. This article really did turn the light on for me personally as far as this specific subject matter goes. Nevertheless at this time there is one position I am not too comfortable with so while I attempt to reconcile that with the actual core theme of the issue, allow me observe just what the rest of your subscribers have to point out.Very well done.

  • zoritoler imol

    Hello, Neat post. There is a problem with your website in web explorer, could check thisK IE nonetheless is the marketplace leader and a huge portion of folks will pass over your excellent writing due to this problem.

  • How to Write a Business Plan for a Egg Pickling Business

    Throughout this great design of things you’ll receive a B- for effort. Exactly where you actually lost us ended up being in the facts. As it is said, details make or break the argument.. And that couldn’t be much more correct at this point. Having said that, permit me say to you what did give good results. Your article (parts of it) can be pretty persuasive and that is possibly the reason why I am making an effort to comment. I do not make it a regular habit of doing that. 2nd, whilst I can certainly see a leaps in reasoning you make, I am not sure of exactly how you appear to unite your details which produce your final result. For now I will, no doubt yield to your issue however trust in the near future you actually link your facts much better.

  • The Best Places to Network in Harbin (China)

    I’m impressed, I must say. Actually rarely do I encounter a weblog that’s each educative and entertaining, and let me let you know, you could have hit the nail on the head. Your idea is excellent; the difficulty is one thing that not sufficient individuals are speaking intelligently about. I’m very joyful that I stumbled throughout this in my search for one thing regarding this.

  • Europa-Road

    I do agree with all the ideas you have presented in your post. They’re very convincing and will definitely work. Still, the posts are very short for starters. Could you please extend them a little from next time? Thanks for the post.

Dodaj komentarz

Twój adres email nie zostanie opublikowany.