If DDL are liable to James, they may be covered by the defence of volenti, since James knew that his father was not allowed to take him as a passenger. Therefore, he was taking the risk if there was an accident. However, the provisions of the Road Traffic Act 1988, that mention a person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence. For the purposes of sections 1 and 2 above a person is to be regarded as driving dangerously if (and, subject to subsection (2) below,