Construction and Use Flashcards
What is the offence of “use of a vehicle in dangerous condition”?
A person is guilty of an offence if they USE or PERMIT or CAUSE another to use, a MOTOR VEHICLE or TRAILER on a ROAD and any of the following…
- the condition of a MOTOR VEHICLE, TRAILER, EQUIPMENT or ACCESSORIES
- the purpose for which it is used
- number of passengers carried or manner in which carried
- weight, position or distribution of load
- manner in which load is secured
…is such that the use of the motor vehicle or trailer involves a danger of injury to ANY person
Considering the notion of DANGER; does the experience of the driver/passengers matter or is it an objective test for the POTENTIAL for danger
The test is an objective one and is only concerned with the POTENTIAL FOR INJURY to persons, not if there is an injury that is actually going to happen.
Remember the boy on the back of the open trailer holding down the marrieds inside. The boy had experience of this and the father was generally a considerate parent but it did not matter; just that there was the potential of harm to the child was enough for it to be “dangerous”
MOTOR VEHICLES need to have an MOT passed if they are on the road more than 3 years after they were first registered.
Some vehicles need one passed after one year. What are they?
- passenger carrying MOTOR VEHICLES having more than EIGHT seats EXCLUDING the driver
- ambulances
- taxis
What offence would a garage commit if it returned an un-roadworthy car to its owner but told them it passed an MOT
Supplying an in-roadworthy vehicle
What is the offence of Using, Causing or Permitting use of a vehicle without a test certificate?
A person who…
- uses
- causes
- permits
- at ANY TIME
a MOTOR VEHICLE
- with no test certificate
- Issued within the appropriate time
Is guilty of an offence
The appropriate period is 12 months or shorter, as prescribed
Which police vehicles are exempt from testing requirements?
Police vehicles PROVIDED for police work as opposed to ones just being used by them at the time. These being ones that are maintained in a police approved workshop
What circumstances are there where a vehicle can be on the road but not have a valid test certificate?
- where it is travelling TO OR FROM a testing centre with a PRE-APPROVED appointment
- where it is being taken too or from a place where PREVIOUSLY ARRANGED work is to be carried out on it
- where it is being towed to be broken down
Who can conduct a roadside test on a MOTOR VEHICLE?
- Authorised examines
- Police officers authorised by the chief of police
- Other examiners authorised by the Secretary of State (these must produces such authority of asked)
Uniformed officers have powers to stop a vehicle. If an officer stops a MOTOR VEHICLE and requires a test, the driver can request the test be deferred (within reason). What circumstances can officer require the test go ahead regardless of the request?
- if it appears to the constable that…
- there was an accident owing to this vehicles presence on the road
Or
- the vehicle is apparently so defective it ought not be allowed to proceed without one
- if the stopping officer is not conducting the test they can hold the vehicle until such a person arrives to do it
Uniform officers have powers to inspect larger goods, PSV and larger passenger carriers. They can instruct the vehicle to a suitable place to do this. What restrictions are placed on this power?
- the vehicle must be stationary when the request is made (of its moving it MUST be stopped first
- you can’t go more than 5 miles from the place of request
Uniform officers have the power to enter any premises (not a full power of entry) to inspect any vehicle in that premises for BRAKES, STEERING GEAR, SILENCERS and TYERS. However this can not be dines unless what happens first?
- the owner consents
- notice has been given to the owner (either personally or left at their address) NO LESS THAN 48 HOURS before the inspection
- notice sent by RECORDED DELIVERY no less than 72 HOURS before the inspection
- the inspection is being made within 48 HOURS of a REPORTABLE ACCIDENT the vehicle was involved in
When and where could you commit an offence in regards to the sounding of an audible warning instrument?
- When stationary on ANY road
- Between the hours of 2330 and 0700 on a restricted road
