Chapter 3 Flashcards
Part I of the RTA 1988 is called ‘Principal Road Safety Provisions’. What does it focus on?
It is concerned with driving and cycling offences. For example, careless and reckless driving.
What 2 offences were introduced by the RTA 1991?
- Causing death by dangerous driving (S.1)
- Causing death while driving under the influence of drink or drugs (S.3)
What 2 offences were introduced by the RTA 2006?
- Causing death by careless or inconsiderate driving (S.20)
- Causing death while driving while unlicensed, disqualified or uninsured (S.21)
Part II of the RTA 1988 is called ‘Construction and Use of Vehicles and Equipment’. What does it focus on?
- Regulations for construction and use
- Testing of vehicles
- Design, construction, equipment and marking of vehicles
- Maintenance and loading of goods vehicles
Part III of the RTA 1988 is called ‘Licensing of Drivers and Vehicles’. What does it focus on?
The minimum ages for obtaining a driving licence for various types of vehicles
If an insurer refuses to issue a policy on the grounds of the state of health of an individual, what information must they supply the secretary of state with?
Name, address, sex and date of birth of the person concerned
Part IV of the RTA 1988 is called ‘Licensing of Large Goods Vehicles and Passenger-Carrying Vehicles’. What does it focus on?
It deals solely with the rules and regulations concerned with the driving of LGV’s and PCV’s
Part V of the RTA 1988 is called ‘Driving Instruction’. What does it focus on?
Driving tuition in return for payment. This can only be conducted by those on the Register of Approved Instructors
What is part VII of the RTA 1988 called?
It is titled ‘Miscellaneous and General’
If a driver has not been able to produce a motor certificate after being involved in a motor accident causing personal injury, they must report the matter to the police within what time frame?
As soon as reasonably practical and, in any case, within 24 hours
Section 165 of the RTA gives the police the power to do what?
To require the production of a certificate of insurance of security from a motorist
Section 175 of the RTA makes what an offence in relation to the issuing of a certificate of insurance by an insurer?
To issue a certificate of insurance which to the insurer’s knowledge is false in some particular way
Section 174 of the RTA makes it an offence for any person do what in order to obtain certain documents, licences or certificates?
To make a false statement or withhold any material information.
What are the provisions of Part VI of the RTA?
It is primarily concerned with ensuring that all victims of the use of a vehicle on a road are compensated where injury or damage is caused by the careless acts of the vehicle driver or user
Elliot v Grey (1960), Cobb v Williams (1973) and Brown v Roberts (1965) have all contributed to the legal understanding of what?
Vehicle use
What is the definition of a ‘motor vehicle’ as set out in S.185 of the RTA 1988?
A mechanically propelled vehicle intended or adapted for use on roads
What is the definition of a ‘road’ as set out in S.192(1) of the RTA 1988?
Any highway and any other road to which the public has access and includes bridges over which a road passes
How does the Motor Vehicles (Compulsory Insurance) Regulations 2000 extend the definition of a road?
It adds ‘or other public place’
How did the case of ‘May vs DPP (2005)’ help define the term ‘public place’?
It found that a car park which was attached to commercial premises, and intended for the use of customers was a ‘public place’ although it was gated at the entrance and was only open during the day
What does the Motor Vehicles (Compulsory Insurance) Act 2022 do in respect of the European Court of Justice’s Vnuk ruling?
It removes it from UK law
Why was the option to obtain security or provide a deposit as an alternative to insurance removed by the Motor Vehicles (Compulsory Insurance) Regulations 2019?
Security givers are not regulated by the Financial Conduct Authority and the Prudential Regulation Authority to the same extent as insurers
Section 145 of the RTA sets out what if a policy is to be acceptable under the act?
The minimum cover that a policy must provide
What cover is automatically provided by a motor insurance policy when a vehicle is taken abroad?
Cover up to the minimum law of the country where the vehicle is normally based or the country being visited, whichever is higher
What is the claim limit under the third party liability for death or bodily injury under a motor insurance policy?
Unlimited
What is the claim limit under the third party property damage under a motor insurance policy?
£1.2 million
What amendments does the Deregulation Act 2015 make in respect of the issuing and surrendering or motor certificates under s.9 of the RTA?
It is no longer a requirement for the certificate to be ‘delivered’ for the policy to be effective and motorists no longer need to surrender their certificate upon cancellation
Section 149 - ‘Avoidance of certain agreements as to liability towards passengers’ does what?
Prevents the driver from relying upon any agreement made prior to the accident with an injured passenger. For example, agreeing the passenger would travel in the car ‘at their own risk’
What three conditions must be met, under section 150 of the RTA, in order for a driver to accept a contribution towards the running costs of the vehicle under a ‘car sharing arrangement’?
- The vehicle cannot be a motorcycle, nor able to carry more that 8 passengers
- The fare paid must not exceed the total running costs for the vehicle for that journey
- The amount of each fare must be agreed before the commencement of the journey
If a passenger travelling in a vehicle they know to be stolen, are they able to sue the insurer if they suffer injury following an accident?
No, although they may be able to sue the driver. This is set out in subsection 4 of section 151 of the RTA
Section 151 - ‘Duty of insurers to satisfy judgment against persons against third-party risks’ does what?
Forces insurers to pay compensation
Section 154 - ‘Duty to give information as to insurance where claim made’ does what?
Makes it compulsory for a motorist to provide any person making a claim against them with the details of any insurance held
Section 158 - ‘Payment for emergency treatment of traffic casualties’ does what?
Gives the doctor or hospital the right to recover a fee where a person is killed or injured as the result of the use of a motor vehicle, either at the roadside or at the hospital following an accident
If a third party is issuing court proceedings against the person that caused their injury or damage, as a result of the insurer is refusing to compensate them, how soon must they inform the insurer?
Before, or within seven days of court proceedings
The First EU Directive 1972 allowed motorists to travel between EU countries armed only with their normal policy. How did it do this?
It stipulated that all motor policies issued within Member States must provide the minimum cover of each other Member State
The Second EU Directive 1988 incorporated what two areas of cover that were not previously within the minimum cover prescribed by the RTA?
- Liability for third party property damage (currently £1.2 million minimum)
- Liability for all drivers whether or not they are named in the policy
How did the Fourth EU Motor Directive simplify the process of claiming against a foreign insurer when an EU citizen is involved in a motor accident outside their normal country of residence?
An injured party is granted a direct right of action against the insurer concerned.
If the injured party is unaware of the precise insurance particulars, they can contact the ‘information centre’
Once a claim has been notified, an insurer or claims representative has three months to do what?
- Provide a calculated offer of compensation where liability is not in contention and damage can be quantified; or
- Supple a reasoned response where neither of the above two criteria can be met
What does the ‘Rehabilitation of Offenders Act’ 1974 cover?
Sets the rehabilitation periods for various criminal offences before they become ‘spent’
When does the rehabilitation period commence?
From the date of the conviction, rather than the date of the offence
Which act lays out periods of time for the commencement of court proceedings following breaches in contract or tort?
Limitation Acts 1939-80
Under the Road Traffic (New Drivers) Act 1995, if a young driver accumulates six points on their licence within 2 years of passing their test, what happens?
They will have their licence revoked and will need to apply for a new provisional licence and take their test again before they can drive unaccompanied
What is the Equality Act 2010?
UK legislation covering the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion of belief, sex and sexual orientation
When may an insurance service provider justify treating disabled people differently when providing them with insurance?
- The treatment is based on information that is relevant to the assessment of that risk;
- The information used is from a reliable source; and/or
- It is reasonable for an insurance service provider to do so
What are the main provisions of the Road Safety Act 2006?
The general aim of the target is to improve road safety and reduce the number of accidents and their severity
What was the main focus of the Consumer Insurance (Disclosure and Representations) Act 2012?
The abolition of the duty imposed on consumers to volunteer material facts over and above that which may have been requested in questions posed by the insurer.
If a qualifying misrepresentation by a consumer is deemed deliberate or reckless, what may the insurer do?
- Avoid the contract and refuse all claims; and/or
- not return any of the premiums paid, except to the extent (if any) that it would be unfair to the consumer to retain them
Under the Limitation Act, what is the commencement period for court proceedings in a property damage claim?
6 years (5 years in Scotland)
Under the Limitation Act, what is the commencement period for court proceedings in a personal injury claim?
3 years
The Latent Damage Act extends the commencement for court proceedings for property damage to what?
3 years after the defect has been discovered, with a total limit of 15 years from the negligent act or breach of contract
Under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 when does the buffer period for offenders commence?
At the end of the sentence period
