Question juridique clé
Whether the 11-year-old son was a passenger or a member of the vehicle crew under SDR/ADR
Solution extraite
The son was a passenger, not a crew member, because although he could help with steering and cable work, he was not capable of performing emergency measures required of crew members.
Motifs extraits
ADR permits only crew members in transport units carrying dangerous goods. Crew status requires practical ability to carry out safety and emergency tasks, not merely that the person accompanies the driver for a purpose. An 11-year-old cannot adequately operate firefighting equipment or alert emergency services in such a situation.