Careless Driving, Section 59 & Section 165 Flashcards
Currently, what are the only circumstances in which phone use can be prosecuted under driving offences?
Only where the phone is used for communication whilst driving
What is the broad quality of Careless Driving?
That the quality of driving falls below expected standards
What is the broad quality of attention in offences of Careless Driving?
That a failure to pay proper attention would lead to more than a mere lapse of concentration
How is death by dangerous/careless driving triable?
On indictment, in Crown Court
What is the penalty for death by dangerous/careless driving?
Max 14 years imprisonment
Which extract of legislation covers Careless and Inconsiderate Driving?
Section 3, Road Traffic Act 1988
What is the definition of Section 3 Careless and Inconsiderate Driving?
If a person drives a MECHANICALLY PROPELLED VEHICLE on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.
What is the Actus Reus of Section 3 Careless and Inconsiderate Driving?
That the suspect drives a mechanically propelled vehicle (MPV) on a road or other public place
What are the Mens Rea of Section 3 Careless and Inconsiderate Driving? (2 types)
1) Driving without care and attention
2) Driving without reasonable consideration
Where can Section 3 Careless and Inconsiderate Driving take place?
Only on a road or other public place
With respect to what class of vehicles can Section 3 Careless and Inconsiderate Driving take place?
Mechanically propelled vehicles (MPVs) - anything designed to convey somebody
What are the key points to prove with respect to any charge of Section 3 Careless and Inconsiderate Driving? (5 points)
1 - That the vehicle is an MPV 2 - That the driving takes place on a road or public place 3 - That the suspect is driving 4 - Without due care 5 - Without consideration
What is the definition of driving without “due care and attention”?
Driving without the standard of care or attention of a reasonable, prudent, competent driver
Would momentary lapses of care or small errors of judgement be sufficient for a legitimate charge of Section 3 Careless and Inconsiderate Driving?
Yes
What is the definition of driving without “reasonable consideration”?
The causing of some ACTUAL INCONVENIENCE to another driver - this must be proven with evidence from the driver!!
What MUST be done if a charge of Section 3 Driving without reasonable consideration is made?
You MUST get proof from the other driver who has been inconvenienced
What considerations should be made when deciding to make a charge under Section 3 Careless and Inconsiderate Driving?
Think about which of the Mens Rea you will actually charge with. Driving without due care and attention does not require proof. Driving without reasonable consideration requires this.
What is the first defence available to a charge of Section 3 Careless and Inconsiderate Driving?
Automatism (i.e. bee in the car)
What is the second defence available to a charge of Section 3 Careless and Inconsiderate Driving
Unconsciousness/sudden illness
What is the third defence available to a charge of Section 3 Careless and Inconsiderate Driving
Driving under duress i.e. under threat
What is the fourth defence available to a charge of Section 3 Careless and Inconsiderate Driving
Sudden mechanical defect
What is the fifth defence available to a charge of Section 3 Careless and Inconsiderate Driving
Assisting in arrest of offenders
With regard to which offence can Sudden Mechanical Defect be raised as a defence?
With respect to any driving offence
When can the defence of Sudden Mechanical Defect NOT be raised for any driving offence?
Where the mechanical defect was already known of by the driver before the incident
When can a charge of careless and inconsiderate cycling be made?
If a person uses a pedal cycle ON A ROAD without due care or attention
Which extract of legislation allows for the seizure of a vehicle used to cause alarm, distress or annoyance?
Section 59, Police Reform Act 2002
By whom can Section 59 Power to Seize a vehicle be used?
By an officer in uniform - either a PC or a PCSO
What power is granted through Section 59?
An officer in uniform can seize any Motor Propelled Vehicle (MPV) if it is being used to cause alarm, distress or annoyance AND the officer has reasonable grounds that the MPV is being used carelessly or without due consideration with a previous warning for this offence having taken place in the past 12 months
With respect to what class of vehicles can the powers conferred through Section 59 Police Reform Act 2002 be used?
Motor Propelled Vehicles (MPVs) - anything designed to convey a person
What MUST be the case in order to make use of the powers conferred by Section 59?
The officer must have reasonable grounds the MPV is being used careless or without consideration
With respect to an MPV, where must this be being driven in order to make use of the powers conferred by Section 59?
Driving on ANY COMMON LAND (can be any land, on road or off road)
What is the purpose of Section 59?
As an education tool, particularly for young drivers. Not for prosecution purposes.
How should a Section 59 be recorded?
Should be recorded in your Pocket Note Book
Is a statement needed for a Section 59?
No - Section 59 is for education purposes, not prosecution :. a statement is not needed
How long does a Section 59 last?
For 12 months
On what is a Section 59 applied?
To both the perpetrator AND the MPV they are driving
When pursuing a Section 59 where should a constable check to determine if this is the first warning or a reissue?
The Police National Computer (PNC)
If, when considering issuing a Section 59, a constable discovers a previous Section 59 has been issued in the past 12 months, what should be their could of action?
A seizure notice should be issued to seize the MPV
What is the ONLY circumstance in which a seizure of an MPV can be carried through with under Section 59?
If a Section 59 has already been issued in the past 12 months
What must the condition of a seizure notice under Section 59 be for it to be legitimate?
The ticket must be legible
Once a seizure notice is issued, how can the MPV be retrieved by its owner?
The owner must claim the MPV within 7 days and pay to retrieve it
If an MPV is not claimed within 7 days, what will happen to the vehicle?
It is destroyed
If a Seizure Notice is issued under Section 59, is a power of entry also given to seize the vehicle?
Yes - a power entry is granted onto ANY land to seize the MPV EXCEPT inside a dwelling
Which extract of legislation allows for the seizure of a vehicle without insurance, a driving licence or for failing to stop?
Section 165 Road Traffic Act 1988
What powers are conferred by Section 165 Road Traffic Act 1988?
The power to seize any MOTOR VEHICLE on a ROAD if their are reasonable grounds to believe:
- The vehicle/person has no insurance;
- The driver has no licence;
- For failure to stop
With respect to what class of vehicles can the powers conferred by Section 165 be used?
For MOTOR VEHICLES only (those adapted for use on a road)
From where can a MOTOR VEHICLE be seized under the powers conferred by Section 165?
On a ROAD
What are the three grounds for seizing a vehicle under the powers granted by Section 165?
If there are reasonable grounds for believing:
1) The vehicle/person has no insurance;
2) The person has no driving licence;
3) For failing to stop
What window of time do the powers conferred by Section 165 allow for a MOTOR VEHICLE to be seized?
Within 24 hours
What MUST be the case for the powers conferred by Section 165 to be used?
The constable must have REASONABLE GROUNDS for believe the vehicle/person has no insurance, licence or fails to stop
What action should be taken by a constable before seizing a vehicle when using the powers conferred by Section 165?
A legible ticket should be issued to the driver
In order to retrieve a motor vehicle seized under Section 165, what should its owner do?
Pay to retrieve the motor vehicle AND
provide documentary proof of insurance/licence at a police station
What are the four steps in conducting a Section 165 seizure of a MOTOR VEHICLE?
1 - Inform the suspect what offence has been committed
2 - Issue a 165A seizure ticket to the suspect
3 - Report the offender via a TORS form for the offence
4 - Seize the vehicle
Having seized a vehicle under Section 59 (MPV) or Section 165 (MV), must a constable offer a lift to the offender?
No - there is no requirement to do this, though you may decide to
Where a suspect produces proof of insurance documents to prevent the seizure of any vehicle, what should be done?
Ring the insurance company to ensure the insurance has not lapsed
How should any traffic related offence be recorded?
Via a TOR form (anything non-traffic related should be recorded on a criminal summons file)
