Part 2: Criminal liability for vehicle use Chapter 1: Legal position of the user-in-charge Section 49: User-in-charge otherwise liable as driver
This section clarifies that for the purposes of any enactment (as defined in section 44(1)) the user in charge is to be considered the driver of and driving the vehicle, although benefiting from the immunity provided in section 47. It also clarifies that an individual continues to be deemed a "driver" for the purposes of any enactment even if they move out of a position where they can control the vehicle, and therefore cease to be a user-in-charge since the conditions in section 46 are no longer met. Their status as a deemed driver continues until the point at which someone else assumes the role of user in charge or the user-in-charge feature is disengaged.