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Police Scotland > 9: Road Policing > Flashcards

9: Road Policing Flashcards

1
Q

1: Introduction to Road Policing

Define ‘road’ as per relevant legislation

A

Any way (other than a waterway) over which there is public right of passage (by whatever means) and whether subject to a toll or not and includes:

  • The road’s verges and any bridges (whether permanent or temporary) over which, or tunnel through which, the road passes, and
  • Any reference to a road includes parts thereof
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2
Q

1: Introduction to Road Policing

Differentiate between a Mechanically Powered Vehicle and a Motor Vehicle

A

No exact definition of an MPV, but in essence refers to any vehicle that is mechanically propelled. It can include a stock cars, ride on lawn mowers, go karts, cars in which the engine is missing but may be replaced.

Also can mean vehicles that cannot be used legally on a public road (i.e. missing mirrors, license plates etc).

A motor vehicle is also an MPV, but one which is intended or adapted to be driven legally on a public road.

Also has been held to include electric scooters, quad bikes, mini motos etc.

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3
Q

1: Introduction to Road Policing

Define the concept of driving as described in legislation

A

A person is held to be ‘driving’ when they have control of the speed and direction of the vehicle.

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4
Q

1: Introduction to Road Policing

Define a ‘public’ road

A

A road which a roads authority has a duty to maintain.

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5
Q

2:1: Insurance

State the offences created by Section 143 and 144A of the Road Traffic Act 1988

A

Section 143 creates an offence to use or permit the use of a motor vehicle on a public road without insurance.

Section 144A creates an offence to keep a motor vehicle that is uninsured, even if not used on a public road (should be SORNED)

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6
Q

2:1: Insurance

What are the exemptions from requiring insurance?

A

Vehicles owned by the Crown
Local Authority vehicles
Police Authority vehicles
Vehicles owned by a person who has deposited £500,000 with the Supreme Court
A vehicle driven for police purposes by or under the direction of a Constable

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7
Q

2:1: Insurance

State the offences created by Sections 165 and 165A of the Road Traffic Act

A

Section 165 creates an offence to fail to produce a driving license, certificate of insurance or test certificate when requested. An HO/RT1 procedure allows the driver 7 days to produce said documents at a local police station.

Section 165A makes provision for the seizure of a vehicle if the driver fails to produce said documentation without reasonable excuse and they are suspected of committing an offence under Section 87(1) or 143 of the Road Traffic Act 1988.

The driver must be warned that the vehicle will be seized if the documents are not produced.

Power may be exercised within 24 hours of the car driving off. Reasonable force may be used. Not an alternative to prosecution.

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8
Q

2.2: Driving Documents - Registration, Excise and Test Certificates

Explain the basic principles of vehicle registration and licensing

A

Owner of a vehicle is also referred to a ‘registered keeper’ on the registration document.

Info is held on PNC.

Previous keeper should update DVLA by supplying the relevant V5C form.

Reg plate lettering should measure 50mm x 79mm with an 11mm margin.

It is an offence to modify a plate to change the form of letters/numbers.

Motor vehicles must hold a valid excise license (tax) or be SORNED.

Section 29 Vehicle Excise and Registration Act 1994 creates an offence to keep or use a vehicle without a valid excise license. Offenders will be reported directly to DVLA using a CLE2/6 form.

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9
Q

2.2: Driving Documents - Registration, Excise and Test Certificates

Outline the purpose of Trade Licenses

A

Trade Licenses are special vehicle licenses that allow Motor Traders and Vehicle Testers to use vehicles in their possession which may not have regular licenses or registration.

Only one vehicle at a time can be driven per license.

These feature a white background and red text.

They must be securely fixed to the vehicle they are being used with.

Can only be used with vehicles in connection with the trader’s business (i.e. not for personal use).

Can be used but not kept on roads.

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10
Q

2.2: Driving Documents - Registration, Excise and Test Certificates

State the offence created by Section 47 Road Traffic Act 1988

A

Section 47 creates an offence to use or permit the use of a motor vehicle without a valid test certificate.

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11
Q

3.1: Driving Licenses

State the offence created by Section 87 of the Road Traffic Act 1988

A

To drive a car or permit another person to drive outworn the accordance of a license

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12
Q

3.1: Driving Licenses

Explain police powers to require production of a driving license

A

Section 164 Road Traffic Act 1988 makes provision for a Constable to require a person to produce their license when:

Driving on a road
Suspected for a motoring offence
Involved in a collision
Supervising a provisional driver under the same circumstances

Must be produced immediately or within 7 days by way of HO/RT1

If failure to do so, a Constable may require the person to provide a date of birth.

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13
Q

3.1: Driving Licenses

What information can be found on a driving license?

A 
Driver number
Electronic endorsements 
Name and address
Type of license 
Entitlements
Date of issue/expiry
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14
Q

3.1: Driving Licenses

Outline the rules around moped licenses

A 
Provisional 
Minimum of 16 years old
Undergo CBT
Display ‘L’ plates
Cannot carry a pillion passenger

Full
Remove ‘L’ plates
Carry a pillion passenger

Mopeds must not exceed 50cc and max speed of 30mph

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15
Q

3.1: Driving Licenses

Outline the rules around motorcycle licenses

A 
Provisional
Minimum age of 17
Undergo CBT
Display ‘L’ plates
Cannot carry pillion passengers
Cannot drive on a motorway

Full license
Different classes depending on age and experience
AM - Moped
A1 - 125cc
A2 - Not exceeding 35kW
A - Any motorcycle (direct access for over 24 years of age)

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16
Q

3.1: Driving Licenses

Outline rules around motor car licenses

A

Provisional
Minimum age of 17
Must display ‘L’ plates
No trailers
Must be supervised by a driver over 21 with a license for longer than 3 years
Must be supervised by a driving instructor in a dual control vehicle on motorways

Full
Remove ‘L’ plates
Cannot supervise provisional drivers for 3 years

Full car license authorises:
Full moped entitlement after CBT
Provisional motorcycle entitlement

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17
Q

3.1: Driving Licenses

Explain the offence of driving whilst disqualified and related police powers

A

Section 103 Road Traffic Act 1988
Creates an offence to attempt to obtain a license or drive a motor vehicle on a road while disqualified

A Constable in uniform may arrest without warrant a person suspected of driving while disqualified

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18
Q

3.1: Driving Licenses

What are the conditions of a required eyesight test?

A

Carried out in good daylight
Glasses, if worn at the time of driving, may be used
Read a reg plate from 20m (20.5m for car reg plates pre 2001)

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19
Q

3.1: Driving Licenses

Outline the offence of driving with uncorrected defective eyesight

A

Section 96 Road Traffic Act 1998 creates an offence to drive a motor vehicle on the road with uncorrected defective eyesight.

An eyesight test may be administered:

In good daylight
Glasses, if worn at the time of driving, may be used
Subject must be able to read a reg plate from a distance of 20m (20.5m for cars manufactured before 2001)

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20
Q

4: Dangerous and Careless Driving/Cycling

State the Section 2 offence of dangerous driving

A

Section 2 Road Traffic Act 1998 creates an offence for any person to drive a mechanically propelled vehicle on a road or other public place dangerously.

Definition states:

If a competent and careful driver would consider:

  • That the driving falls far below his or her standards, AND
  • Would consider the driving to be dangerous; OR
  • That the current state of the vehicle being driven is dangerous

The term dangerous referees to danger of either:

  • Injury to any person; OR
  • Serious damage to property

Examples include:

Driving at greatly excessive speed through a built up area
Driving through a level crossing when the barriers are down
Driving a vehicle which is in an unfit mechanical state

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21
Q

4: Dangerous and Careless Driving/Cycling

State the Section 3 offence of careless driving

A

Section 3 Road Traffic Act 1998 creates an offence to drive a mechanically propelled vehicle on a road without due care and attention, or without reasonable consideration for other people.

Without due care and attention:

  • Failing to judge correctly distance, speed, or distance
  • After signalling, failing to ensure that it has been seen or understood before manoeuvring

Reasonable consideration:

  • Driving very slowly, or not allowing others to pass
  • Unnecessary driving through puddles
  • Driving in a way that frightens passengers
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22
Q

4: Dangerous and Careless Driving/Cycling

State the offence of dangerous and careless cycling

A

Section 28 Road Traffic Act 1998 creates an offence to ride a bike on a road dangerously, i.e. the manner of their riding falls far below what would be expected of a competent ad careful cyclist, or it would be obvious to a competent cyclist that riding in that manner would be dangerous.

Section 29 creates an offence to ride a bike without due care or reasonable consideration for other road users.

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23
Q

4: Dangerous and Careless Driving/Cycling

Related offences

A

Section 1 creates an offence to cause the death of a person by driving a mechanically propelled vehicle dangerously. It must be proved that the dangerous driving was at least a cause of the death.

Section 2B creates an offence to cause the death of a person by driving without due care or reasonable consideration.

Section 3A creates an offence to cause the death of another person by driving a mechanically propelled vehicle without due care and attention or reasonable consideration, while unfit through drink or drugs or over the prescribed limits.

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24
Q

5: Duty of Drivers to Give Information

Explain the Police powers under Section 172 of the Road Traffic Act 1988

A

Section 172 provides that where the driver or rider of a vehicle is alleged to have committed a relevant offence, officers may require that certain people supply information as to the identity of the driver or rider.

The purpose of this is to establish, and corroborate, who was driving the vehicle at the time the offence was committed.

Certain people include:

  • Registered keeper or owner
  • Any other person who may have that information (i.e. a fleet manager for a delivery company)

Relevant offences includes most offences under the Road Traffic Act 1988 or offences related to use of vehicles on roads.

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25
Q

5: Duty of Drivers to Give Information

State what is meant by ‘authorised officers’

A

Officers must bear authorisation from the Chief Constable in writing and show this on request. This should be issued during training and kept with your warrant card.

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26
Q

6: Warning of Intended Prosecution

List the offences for which a warning of intended prosecution may be given

A

Section 2 - Dangerous Driving
Section 3 - Careless Driving
Section 22 - Dangerous Parking
Section 28 - Dangerous Cycling
Section 29 - Careless Cycling
Section 35 - Failing to Comply with Traffic Directions
Section 36 - Failing to Comply with Traffic Signs

Road Traffic Regulation Act 1984
Section 16 - Ignoring temporary traffic prohibitions
Section 17(4) - Speeding on motorways
Section 88(7) - Driving below minimum speed limits
Section 89 - General speeding

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27
Q

6: Warning of Intended Prosecution

Explain the various methods in which this warning can be given

A

At the time of the offence (verbal)
Within 14 days (written notice, sent by the PF via registered post)
Copy complaint served to those kept in custody

28
Q

6: Warning of Intended Prosecution

Describe the circumstances when an accused can be convicted of an offence where no warning was given

A

When all enquiries to trace the accused within 14 days have failed

The accused has contributed to this failure (i.e. by supplying a false address)

29
Q

7: Common Road Policing Offences - Part 1

State the offence in relation to ‘obstruction’

A

Regulation 103 Road Vehicles (Construction and Use) Regulation 1986 creates an offence for any person to leave a motor vehicle or trailer on a road where it may cause an unnecessary obstruction

30
Q

7: Common Road Policing Offences - Part 1

State the offence in relation to ‘dangerous parking’

A

Section 22 Road Traffic Act 1988 creates an offence for any person in charge of a vehicle or a trailer to leave it on a road in such circumstances that it involves a danger of injury to others

31
Q

7: Common Road Policing Offences - Part 1

Outline a constable’s power to remove offending vehicles

A

Regulation 3 or 4 Removal and Disposal of Vehicles Regulations 1986 grants the power to require the owner driver or other person in charge of the vehicle or trailer causing the obstruction to remove it.

If necessary, a Constable may remove the vehicle, or arrange for it to be removed.

  • Where broken down
  • Where it has been permitted to remain at rest on a road where it’s causing an obstruction, likely to cause danger, or in contravention of a prohibition or restriction
32
Q

7: Common Road Policing Offences - Part 1

State the offences and defences in relation to the wearing of seat belts

A

Section 14 and 15 Road Traffic Act 1988 create an offence for adults and children to fail to wear a seat belt.

Regulation 5 Motor Vehicles (Wearing of Seat Belt) Regulations 1993 require every persn driving a motor vehicle, riding in the front or rear seat of a motor vehicle, to wear an adult seat belt.

Exemptions include:

Medical reasons, delivery workers carrying goods no further than 50 meters, reversing, driving a taxi, fire service or police.

33
Q

7: Common Road Policing Offences - Part 1

Outline the requirements for children sitting in the front and rear of vehicles

A

Rear of vehicles
Must be wearing a seat belt. Smaller children (under 12 or below 135cm), must use a suitable restraint.

Front of vehicles
Must wear a seat belt. Smaller children must be wearing a restraint. The front airbag must be disabled when the child is sitting in a rear facing restraint.

34
Q

7: Common Road Policing Offences - Part 1

Outline the offences relating to the wearing of protective headgear, and state the defences

A

Section 16 Road Traffic Act 1988 creates an offence for a rider or passenger on a motorcycle to fail to wear protective headgear.

An exemption exists for followers of the Sikh religion who are wearing a turban.

35
Q

7: Common Road Policing Offences - Part 1

Identify the offence of driving elsewhere other than a road

A

Section 34 Road Traffic Act 1988 creates an offence to drive a mechanically propelled vehicle onto or upon common land which does not form part of a road, or any footpath or bridleway.

An exemption exists where a vehicle is driven no further than 15 yards from the road, and only in order to park the vehicle, or in the event of an emergency.

36
Q

7: Common Road Policing Offences - Part 1

State the regulation in relation to the use f a mobile telephone in a vehicle

A

Road Vehicles (Construction and Use) Regulations 1986 / Regulation 110A(1) (Amended by the Road Vehicles (Construction and Use)(Amendment)(No.2) Regulations 2022)

Creates an offece for any person to drive a motor vehicle while using a mobile telephone or similar hand held device, other than a two way radio. This applies whether or not the vehicle is moving, stopped at a red light, or in traffic.

Regulation 110(2) creates an offence for any person to cause or permit any other person to do so.

Regulation 110(3) creates an offence for any person to supervise a provisional license holder while doing so.

Exemptions exists to allow for calling emergency services, acting in response to a genuine emergency, or using a device to make a contactless payment while the vehicle is stationery.

37
Q

7.2: Common Road Policing Offences - Part 2

Explain your police powers in relation to examining vehicles on a road

A

Section 67 Road Traffic Act 1998 gives the power to an authorised examiner (constable) to examine a vehicle in order to ascertain whether it complies with:

  • Construction and Use requirements
  • Requirement that the vehicle’s condition does not risk injury or danger

Checks include tyres, lighting, excessively loud exhausts, washers/wipers, and overall appearance and condition.

If in doubt, then officers from the Divisional Road Policing Department should be requested.

Regulation 74 Road Vehicles (Construction and Use) Regulations 1986 grants limited powers to examine a vehicle on premises within 48 hours of a collision. No power of entry.

38
Q

7.2: Common Road Policing Offences - Part 2

Identify common offences in relation to tyres

A

Regulation 27 Road Vehicles (Construction and Use) Regulations 1986 creates an offence to use or permit tyres with the following defects:
Unsuitable for the use
Not inflated to the correct pressure
Cut deep enough to reach ply, in excess of 25mm
Lumps or bulges
Exposed ply or cord

Tyre tread should be a minimum depth of 1.6mm throughout a continuous band in the central 3/4 of the tyre for vehicles below 3.5tons.

39
Q

7.2: Common Road Policing Offences - Part 2

State the offences related to exhaust silencers

A

Road Vehicles (Construction and Use) Regulations 1986 stipulates that there must be an exhaust fitted to all motor vehicles.

Regulation 54 creates an offence to use or permit the use of a vehicle if the exhaust gasses pass into the atmosphere without passing through the silencer, the silencer is not in good order, or has been altered in order to increase noise.

40
Q

7.2: Common Road Policing Offences - Part 2

State the more common offences in relation to lights

A

Road Vehicles Lighting Regulations 1989

Reg 23 - Creates an offence to use a vehicle on a road where lamps and reflectors are not in good order.
Reg 11 - Creates an offence to use a vehicle that shows a white light on the rear, or red light on the front
Reg 25 - Creates an offence to fail to use headlamps during the hours of darkness (exception made for restricted roads)
Reg 27 - Creates an offence to use headlamps or fog lamps in such a way as to cause undue dazzle to other road users

41
Q

7.2: Common Road Policing Offences - Part 2

State the statutory defence in relation to maintenance of lights

A

The defect occurred during that particular journey

The accused has already taken reasonable steps to rectify the fault

42
Q

7.2: Common Road Policing Offences - Part 2

State the offence in relation to warning instruments, windscreen wipers and washers

A

Regulation 99 creates an offences to permit the warning instrument (horn) to be use when the vehicle is stationary, on a restricted road between 2330-0700, or use a restricted horn type.

The above does not preclude the use of the horn in an emergency.

Regulation 34 makes provision that all vehicles must be fitted with wipers and washers. Exemptions exist for agricultural vehicles, vehicles incapable of travelling more than 20mph or local bus services.

43
Q

7.2: Common Road Policing Offences - Part 2

State the offences in relation to parking

A

Regulation 101 creates an offence to park the wrong way on a road during the hours of darkness.

Regulation 24 Road Vehicles Lighting Regulations creates an offence to use a vehicle in motion or at rest during the hours of darkness without the front and rear lamps being lit (unless on a restricted road).

44
Q

8: Police Considerations at a Road Traffic Collision

Explain what police actions should be taken at the scene of a Road Traffic Collision

A 
Conduct dynamic risk assessment (location, vehicles, people, localised factors)
Action at Locus:
- Approach
- Caution Signs & Cones
- Examine Scene
- Casualties
- Ambulance, Fire and Emergency Services
- Remove Obstructions
- Detailed Investigation
45
Q

8: Police Considerations at a Road Traffic Collision

What equipment should be found in the police vehicle?

A 
6x Cones
6x Police slow signs
2x Road closed overlays
2x Direction arrow overlays
6x Warning lights
Marking crayon
Torch
Functional first aid kit
46
Q

8: Police Considerations at a Road Traffic Collision

What are the speed dependent distances for stopping distances and cones

A

30mph - 23m SD, 50m cones, 15m police vehicle
40mph - 36m SD, 100m cones, 50m police vehicle
50mph - 53m SD, 100m cones, 50m police vehicle
60mph - 73m SD, 100m cones, 50m police vehicle
70mph - 96m SD, 100m cones, 50m police vehicle

47
Q

8: Police Considerations at a Road Traffic Collision

List the offences relating to Sections 35, 37 and 163 of the Road Traffic Act 1988

A

Section 35 - An offence to act in contravention of instruction from constable directing/stopping/rerouting traffic at an RTC (should be in uniform) while drivign a motor vehicle

Section 37 - Same as above but for pedestrians

Section 163 - An offence to fail to stop when driving MPVs and bicycles when directed to do so by a constable in uniform. Can be applied anywhere in uniform (not just for traffic regulation).

48
Q

9: Duty of Drivers at a Road Traffic Collision

What constitutes a ‘reportable’ road collision?

A

Set out in Section 170 Road Traffic Act 1988.

Where there is personal injury to another party besides the driver
Damage caused to another vehicle or trailer
Injury caused to an animal
Damage to other property

'Animals' include:
Horse
Cow
Ass
Mule
Sheep
Goat
Pig
Dog
49
Q

9: Duty of Drivers at a Road Traffic Collision

Explain the duties of a driver at an RTC

A

Section 170(2) provides that a driver of an MPV must:

  • Stop, AND
  • Supply the following:
  • Name and address of driver / owner
  • Registration number

Section 170(6) provides that if the driver cannot immediately give their name/address/registration, they must report the collision in person to the police as soon as is practicable, and within 24 hours.

Section 170(5) provides that in the case of a reportable RTC that involves personal injury, the driver must produce their insurance details. If they cannot do so immediately then they must reports the collision to the police as soon as is practicable, and within 24 hours. If they fail to produce when required to do so then they would be given 7 days to do so at a police station via the HO/RT1 procedure.

50
Q

9: Duty of Drivers at a Road Traffic Collision

Outline the statutory defence for failing to provide required information at an RTC

A

If the defence can prove that the accused had no knowledge that an accident had occurred. Common sense is required to decide whether or not a driver would have been aware of a collision.

51
Q

10.1 Section 5 Road Traffic Act 1988 - Drink Driving

Describe the offences contained in Section 5 of the Road Traffic Act 1988

A

It is an offence to drive, attemp to drive or be in charge of a motor vehicle on a road or public place having consumed enough alcohol to exceed the prescribed limit.

52
Q

10.1 Section 5 Road Traffic Act 1988 - Drink Driving

What are the prescribed limits?

A

Breath - 22 micrograms per 100ml
Blood - 50 milligrams per 100ml
Urine - 67 milligrams per 100ml

Lord Advocates guidance allows that when 2x samples are provided and the lower of the two fall between 23-26 micrograms, no report will be submitted to the PF.

53
Q

10.1 Section 5 Road Traffic Act 1988 - Drink Driving

Outline roadside procedures to be followed under Section 6 Road Traffic Act 1988

A

Constables can require a breath sample using a Draeger device where breach of Section 5 is suspected (i.e. alcohol in their body while driving), or where they have committed a separate moving road traffic offence, or have been involved in an RTC.

Constables must be in uniform (other than in relation to a live RTC).

Statement should read out (as per aide memoire).

It is an offence to fail to provide a sample. Where there is no suspicion that they are in breach of Section 5, they may be cautioned, charged and reported to the PF.

Limited powers of entry to preserve evidence in cases involving an RTC, or where the person is suspected of committing a drink driving offence (while in hot pursuit).

Power of arrest is under Section 6 Road Traffic Act 1988.

54
Q

10.1 Section 5 Road Traffic Act 1988 - Drink Driving

Outline the station procedure set out in Section 7 Road Traffic Act 1988

A

Having been arrested under Section 6, the person will be taken to the station where they will be asked to provide a further sample using the breath analysis machine.

Blood and urine samples can be taken by trained medical staff, either at the station or in hospital, but this must be monitored appropriately for corroboration.

Blood and urine can be tested if the machine is broken, if there are medical reasons for failing to provide a breath test. It is an offence to provide a sample without reasonable excuse.

At the hospital, the suspect is under the care of the doctor, cannot be arrested under Section 6, and can only provide blood or urine due to the absence of a breath analysis machine.

55
Q

10.2: Section 4 & 5A Road Traffic Act 1988 - Drink & Drug Driving

State the offences under Section 4 Road Traffic 1988

A

Section 4 creates an offence to drive or attempt to drive an MPV on a road or public place while unfit through drink or drugs.

Main differences between Section 4 and 5:
S4 applies to drink and/or drugs
S4 applies to MPVs and not just motor vehicles
S4 sets no specific limits, just that the accused be unfit

56
Q

10.2: Section 4 & 5A Road Traffic Act 1988 - Drink & Drug Driving

Detail tests and observations that require to be noted when dealing with persons suspected of offences under Section 4 Road Traffic Act 1988

A
57
Q

10.2: Section 4 & 5A Road Traffic Act 1988 - Drink & Drug Driving

Detail tests and observations that require to be noted when dealing with persons suspected of offences under Section 4 Road Traffic Act 1988

A 
Preliminary breath test (motor vehicle only, not MPV)
Shouting up for specially trained officers to administer a drug test
Distance and duration of observations
Reason for attention
Method and position of the stop
Street lighting
Details of passengers
Initial questions re: statutory documents and replies
Smell of breath
Condition of eye
Speech
Walking
Demeanour
Memory
Injury
Any smells/signs of drug use in the vehicle
58
Q

10.2: Section 4 & 5A Road Traffic Act 1988 - Drink & Drug Driving

Outline the preliminary impairment and drug tests

A 
Section 6B (preliminary impairment test)
Requires the suspect to carry out basic tasks, observed by a specially trained officer.
Section 6C (prelimary drug test)
Allows a sample of sweat or saliva to be taken to be tested using a drugwipe (testing for cannabis or cocaine)
59
Q

10.2: Section 4 & 5A Road Traffic Act 1988 - Drink & Drug Driving

State the offence covered under Section 5A Road Traffic Act 1988

A

Creates an offence to drive, attempt to drive, or be in charge of a motor vehicle while over the specified limit for specified drugs.

17 drugs are included in the list of specified drugs.

60
Q

11: Conditional Offers

You can explain what the terms ‘endorsable’ and ‘non-endorsable’ mean

A

Endorsable offers involve an FPN and points on the license.

Non-endorsable offers do not involve points on the license.

61
Q

11: Conditional Offers

State who may issue a conditional offer of fixed penalty and under what circumstances such an offer can be made

A

A Constable may issue an FPN where they witness or have reason to believe a qualifying offence has been committed.

Procurator Fiscal may issue an FPN when a report is submitted concerning an offence having been committed, being permitted to have been committed (i.e. loaning a car with no tax on it), or aiding/abetting an offence to be committed.

62
Q

11: Conditional Offers

Identify to whom ‘endorsable’ and ‘non-endorsable’ statements may be made

A

Endorsable
Those who hold a valid DVLA license, not liable to disqualification (i.e. have 9 or more points)
Or where it is not known whether they hold such a license (assumption will be that they do)

Non-Endorsable
May be made to anyone aged 16 or over

63
Q

11: Conditional Offers

Explain the procedure where multiple offences / offenders are involved

A

Up to 3x Non-Endorsable offences
Up to 1x Endorsable offence
Or up to 1x of each

Otherwise, a report will be sent to the PF

63
Q

11: Conditional Offers

Explain the procedure where multiple offences / offenders are involved

A

Multiple offences
Up to 3x Non-Endorsable offences
Up to 1x Endorsable offence
Or up to 1x of each

Otherwise, a report will be sent to the PF

Multiple offenders
In cases where there are multiple offenders related to the same crime, no conditional offer will be issued. A reports will be sent to the PF.

Where there are multiple crimes (i.e. not wearing a seatbelt) then each offender may be given a conditional offer where appropriate

64
Q

11: Conditional Offers

Explain the Vehicle Defect Rectification Scheme

A

The VDRS is a disposal option available which relates to the construction and use of vehicles. In the event of a minor fault (i.e. broken light), participation in the scheme can be offered in place of conditional offer.

This involves:
Charging and cautioning the person
Competing the relevant form
The driver takes a copy to the Department of Transport Test Centre to be endorsed once the fault has been rectified, and then return it to the police within 21 days.

Failure to do so will lead to a report to the PF.

Police Scotland (9 decks)

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