Case Study 1: Distracted Driving Incident
Scenario:
A driving instructor observes a learner driver checking thei
mobile phone for a text message while stopped at a red light.
The learner is distracted and does not notice the light turning
green, causing a minor traffic delay and frustration for drivers
behind.
Discussion Prompts:
• What are the key safety and legal issues in this scenario?
• What factors contributed to the distraction?
• What WHS/OHS guidelines apply to this situation?
• What preventive measures can be taken to avoid similar
incidents?
• What are the possible legal consequences for the learner
and instructor?
Case Study 2: Unsafe Overtaking
Scenario:
During a lesson on a rural road, a learner attempts to overtake
a slow-moving tractor on a curve with limited visibility. The
instructor intervenes and prevents the overtake, avoiding a
potential head-on collision with an oncoming vehicle.
Discussion Prompts:
• Identify the critical safety violations and risks.
• What contributed to the learner’s decision to overtake?
• How do WHS/OHS principles relate to this scenario?
• Suggest practical strategies to prevent unsafe overtaking.
• What legal rules govern overtaking in such situations?
Case Study 3: Fatigue and Long-Distance Driving
Scenario:
A learner plans to drive from Craigieburn to Ballarat for
practice. The lesson is scheduled after the learner has finished
a full day at school and a part-time job. During the drive, the
instructor notices the learner yawning and losing
concentration.
Discussion Prompts:
• What are the main safety concerns here?
• What factors (human, environmental, systemic)
contributed to the risk?
• How should WHS/OHS guidelines be applied in planning
lessons?
• What preventive actions can be recommended for
managing fatigue?
• What are the legal responsibilities of the instructor in this
scenario?
Case Study 4: Inadequate Vehicle Maintenance
Scenario:
A driving instructor discovers that the learner’s private
vehicle, used for lessons, has worn-out tyres and a faulty
brake light. The lesson is postponed until the issues are fixed.
Discussion Prompts:
• What are the key safety and regulatory issues?
• What factors led to the vehicle’s unsafe condition?
• How do WHS/OHS requirements apply to vehicle
maintenance?
• What steps should be taken to ensure vehicles are safe for
instruction?
• What could be the legal consequences of using an
unroadworthy vehicle?
Case Study 5: Failure to Give Way at a Roundabout
Scenario:
A learner driver enters a roundabout without giving way to a
vehicle already in the roundabout, causing the other driver to
brake suddenly. No collision occurs, but the instructor must
explain the error.
Discussion Prompts:
• Identify the safety and legal issues in this incident.
• What factors may have contributed to the learner’s
mistake?
• What WHS/OHS principles are relevant here?
• What preventive measures and teaching strategies could
address this issue?
• What are the legal implications of failing to give way at a
roundabout?
How to Use These Case Studies
• Present each scenario verbally to the group.
• Encourage students to discuss and analyse the issues using
the prompts.
• Have students summarise their findings, propose
preventive measures, and reflect on legal and WHS/OHS
implications.
• Assess participation, reasoning, and communication
throughout the discussion.
Case Study 1: Distracted Driving Incident
Scenario:
A learner checks their mobile phone while stopped at a red
light, misses the green, and causes a minor delay.
1. What are the key safety and legal issues in this scenario?
• Safety: Driver distraction increases crash risk, slows
reaction times, and may cause failure to notice hazards
or traffic signals, endangering all road users.
• Legal: It is illegal for learner drivers to use any function
of a mobile phone while driving or stopped in traffic
(except for specific exemptions like paying for goods in a
carpark). Penalties include fines and demerit points, and
for learners, possible loss of permit.
2. What factors contributed to the distraction?
• The presence and accessibility of the mobile phone.
• Inexperience in managing in-car distractions, common
among novice drivers.
• Possibly a lack of clear instruction or enforcement of a
“no phone use” policy during lessons.
3. What WHS/OHS guidelines apply to this situation?
• Duty to manage risks and ensure safety as far as
reasonably practicable, including eliminating
distractions in the vehicle6.
• Both the instructor and learner share responsibility for
maintaining a safe learning environment.
4. What preventive measures can be taken to avoid similar
incidents?
• Enforce a strict “no phone use” rule for all learners
during lessons.
• Store phones out of reach and sight during driving.
• Educate learners about the dangers and legal
consequences of distracted driving3.
• Model and reinforce attentive driving behaviours at all
times.
5. What are the possible legal consequences for the learner
and instructor?
• Learner: Fines, demerit points, possible loss or
suspension of learner permit, and increased insurance
risk.
• Instructor: Potential liability under WHS/OHS if risk
management duties are not met, and reputational
damage if unsafe practices are allowed.
Case Study 2: Unsafe Overtaking
Scenario:
A learner attempts to overtake a tractor on a curve with
limited visibility; the instructor intervenes.
1. Identify the critical safety violations and risks.
• Attempting to overtake on a curve with limited visibility is
a major safety violation, risking head-on collisions.
• Failure to assess road markings and conditions before
overtaking8.
2. What contributed to the learner’s decision to overtake?
• Inexperience and poor judgment of safe overtaking
conditions.
• Possible pressure to maintain speed or lack of patience.
• Lack of understanding of rural road risks, such as blind
bends and narrow lanes5.
3. How do WHS/OHS principles relate to this scenario?
• The instructor has a duty to prevent unsafe manoeuvres
and manage risks during lessons6.
• Both parties must act to eliminate or minimise foreseeable
risks.
4. Suggest practical strategies to prevent unsafe overtaking.
• Teach and reinforce the rules for safe overtaking,
including only overtaking when visibility is clear and
road markings permit.
• Use scenario-based discussions and demonstrations to
highlight risks.
• Encourage patience and defensive driving habits.
5. What legal rules govern overtaking in such situations?
• It is illegal to overtake on a curve or where visibility is
limited, or where road markings prohibit overtaking.
• Breaching these rules can result in fines, demerit points,
and increased crash liability.
Case Study 3: Fatigue and Long-Distance Driving
Scenario:
A learner, after a long day, shows signs of fatigue during a
lesson.
1. What are the main safety concerns here?
• Fatigue impairs concentration, reaction time, and
judgment, increasing the risk of crashes9.
• Fatigued driving can be as dangerous as driving over the
legal BAC limit9.
2. What factors (human, environmental, systemic)
contributed to the risk?
• Human: Lack of sleep, prior activities (school and work),
underestimating fatigue.
• Environmental: Long-distance, rural driving with fewer
opportunities for rest.
• Systemic: Scheduling lessons without considering rest
needs.
3. How should WHS/OHS guidelines be applied in planning
lessons?
• Instructors must assess and manage fatigue risk, ensuring
learners are fit to drive before lessons.
• Lessons should be scheduled to avoid times when fatigue
is likely (e.g., after long days or late at night).
4. What preventive actions can be recommended for
managing fatigue?
• Schedule lessons at times when the learner is rested.
• Encourage regular breaks (every 2 hours), hydration, and
healthy sleep habits.
• Postpone or reschedule lessons if fatigue is observed.
5. What are the legal responsibilities of the instructor in this
scenario?
• Duty of care to ensure the learner is fit to drive and not
fatigued.
• Potential liability if an incident occurs due to failure to
manage fatigue risks.
Case Study 4: Inadequate Vehicle Maintenance
Scenario:
A learner’s private vehicle has worn tyres and a faulty brake
light; the lesson is postponed.
1. What are the key safety and regulatory issues?
• Worn tyres and faulty brake lights compromise vehicle
safety and are illegal under roadworthy requirements.
• Using an unroadworthy vehicle increases crash risk and is
an offence.
2. What factors led to the vehicle’s unsafe condition?
• Neglect of regular maintenance checks.
• Possible lack of knowledge about vehicle upkeep.
3. How do WHS/OHS requirements apply to vehicle
maintenance?
• Both instructor and learner must ensure vehicles used for
instruction are safe and roadworthy.
• Regular inspections and adherence to manufacturer’s
maintenance schedules are required.
4. What steps should be taken to ensure vehicles are safe for
instruction?
• Conduct pre-lesson vehicle checks (tyres, lights, brakes,
fluids).
• Postpone lessons if the vehicle is not roadworthy.
• Educate learners on basic vehicle maintenance.
5. What could be the legal consequences of using an
unroadworthy vehicle?
• Fines up to 25 penalty units for driving unregistered or
unroadworthy vehicles14.
• Increased liability in the event of a crash.
• Potential loss of licence and insurance issues.
Case Study 5: Failure to Give Way at a Roundabout
Scenario:
A learner fails to give way to a vehicle already in the
roundabout, causing the other driver to brake suddenly.
1. Identify the safety and legal issues in this incident.
• Failing to give way at a roundabout is a common cause of
crashes and is a traffic offence.
• The learner endangered themselves and others by not
yielding to vehicles already in the roundabout.
2. What factors may have contributed to the learner’s
mistake?
• Inexperience or misunderstanding of roundabout rules.
• Possible confusion about who has right of way.
3. What WHS/OHS principles are relevant here?
• The instructor must ensure the learner understands and
applies correct road rules, minimising risk.
• Both must work to prevent foreseeable hazards.
4. What preventive measures and teaching strategies could
address this issue?
• Provide clear instruction and practice on roundabout
entry and right-of-way rules.
• Use diagrams and real-world examples to reinforce
learning.
• Encourage defensive driving and patience.
5. What are the legal implications of failing to give way at a
roundabout?
• Fines (in Victoria, five penalty units, currently $988) and
three demerit points.
• Liability for any resulting accidents or injuries.