11. Traffic Law And Procedure Part 1

Question 1

What is a road?

Answer 1

Any highway, and any other road to which the public has access, and includes bridges over which a road passes

Section 192 Road Traffic Act 1988

Question 2

What is a Mechanically Propelled Vehicle?

SEP DOG

Answer 2

Any vehicle which is propelled by means on an engine.

Steam 
Electricity 
Petrol
Diesel
Oil
Gas

Question 3

What is a motor vehicle?

Answer 3

Mechanically propelled vehicle intended or adapted for the use on the road.

Section 185 (1) (c) RTA 1988

Question 4

What is Section 163 of the RTA 1988?

Answer 4

Power to stop vehicles:
Any person driving
A MPV
On a road
Must stop when required to do so
By a constable in uniform

Question 5

What is Section 164 of RTA 1988?

Answer 5

The power to require the production of a driving licence and date of birth in certain cases from the driver of the motor vehicle.

Question 6

What is 165 of RTA 1988?

Answer 6

The power to require the production of insurance, name and address from the drivers of motor vehicles.

Question 7

What is a HO/RT1?

Answer 7

The driver must produce documents to a suitable station of their choice.

Question 8

What is the HO/RT1 procedure? (13 steps)

Answer 8

1. Stop the vehicle safely
2. Introduce yourself to the driver and explain the reason for the stop
3. Request relevant information
4. if unable to produce…
5. Point out and explain the offence
6. Caution plus 3
7. If mobile data devise unavailable, complete HO/RT1
8. Ask driver the nominate a police station
9. Remind them of the obligation to produce within 7 days (from midnight that night)
10. They must produce their own licence, however anyone can produce the insurance certificate or MOT certificate on their behalf
11. Report driver on Summons
12. NOW caution
13. Throughout the encounter record any significant statements

Question 9

What is Section 99 of RTA 1984?

Answer 9

This covers the power to remove vehicles that are illegally or dangerously parked, abandoned or broken down.

Question 10

Section 165A & B of RTA 1988 provides the power to a police officer in uniform to seize a motor vehicle if any of 3 following conditions are satisfied:

Answer 10

1. A person is driving without a valid licence.
2. A motor vehicle is being driven without valid insurance.
3. If the vehicle fails to stop long enough and the constable believes it is being driven without a valid licence or insurance. Then the constable can seize the vehicle when located within 24 hours of the first contact, if the previous conditions are not met.

Question 11

Break down this Driver Number:

MORGA 753116 SM9 IJ 35

Answer 11

Surname MORGA
Year of birth 76
Month of birth 53
Day in month 11
First two initials of first names SM
Security measure IJ
Licence issue number 35

Question 12

What is Section 2 of RTA 1988?

Dangerous…

Answer 12

A person who drives a MPV dangerously on a road or other public place is guilty of an offence.

Question 13

What is Section 103 of RTA 1988?

Driving Whilst…

Answer 13

Driving whilst disqualified

A person who whilst disqualified from holding or obtaining a licence, obtains a licence or drives a motor vehicle on a road.

Question 14

What is Section 3 RTA 1988?

Careless & ….

Answer 14

Careless and inconsiderate driving

If a person drives a MPV on a road or any other public place without due care and attention or without reasonable consideration for other persons using the road or public place he is guilty of an offence.

Question 15

What other ways are there for dealing with offenders?

Answer 15

Traffic offence report (TOR)
Vehicle Defect Rectification Scheme (VDRS)
Notice of intended prosecution
Fixed penalty notice- endorsable & non endorsable
Report on summons

Question 16

What is the procedure for a Traffic Offence Report? (12 steps)

Answer 16

1. Stop the vehicle safely
2. Introduce yourself to the driver and explain the reason for the stop.
3. Point out and explain the offence
4. Caution Plus 3
5. Carry out relevant checks of driver/ vehicle/ documents (if available)
6. Explain the TOR procedure to the driver
7. Complete a TOR via pronto
8. Complete and issue a HO/RT1 form if required
9. Report driver on summons for the offence/ NIP the driver
10. Now Caution
11. Throughout the encounter, record any significant statements
12. Complete evidential notes on pronto.

Question 17

What is a vehicle defect rectification scheme?

Answer 17

Drivers should rectify the fault as soon as is practicable. They then have 14 days to confirm the rectification with an MOT testing station and send proof back to the police. Once the police are notified no further action will be taken.

If the defect is not rectified, the offence should be processed the normal way (ROS, TOR)

VDRS can only be used for up to three defects.

Question 18

What is a Traffic Offence Report?

Answer 18

TOR is a method of reporting a set of circumstances (which amount to the offence) so that a decision can be made as to the disposal. There are normally 3 outcomes:

1. Attendance on an educational driving course
2. A conditional offer of a fixed penalty
3. Prosecution of the offender at court (a summons)