Definitions Flashcards
What is the definition of S1 Road Traffic Act 1988?
A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place.
What is S2 of RTA 1988?
A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place.
What is S2(A) of RTA 1988?
A person who drives a mechanically propelled vehicle dangerously on a road or other public place.
What is S.3 RTA 1988?
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 does “without due care & attention” mean?
When the driving had departed from the standard of care and skill that would in the circumstances of the case have been exercised by a reasonable, prudent and competent driver.
What does “without reasonable consideration” mean?
It is necessary to cause some actual inconvenience to another road user.
Defences to S.1-3 RTA 1988?
Automatism Unconsciousness/Sudden Illness Duress Sudden Mechanical Defect Assisting in the arrest of offenders Authorised motoring event
What is S.35 Offences Against the Person Act 1861?
Wanton and Furious Driving
Whosoever having the charge of any carriage or vehicle shall by wanton or furious driving or racing or other wilful misconduct or wilful neglect do or cause any bodily harm to any person whatsoever shall be guilty of an offence.
What is S.3A RTA 1988?
Death by drink/drugs
If a person causes the death of another by driving a MPV on a road or other public place without DC&A/RC for other persons using the road/place AND
He is at the time when they are driving, unfit to drive through drink and drugs OR
He had consumed so much alcohol that the proportion of it in their breath, blood or urine exceeds the prescribed limit OR
He had in his body a specified controlled drug & the prop of it in his blood/urine exceeds the limit OR
He is, within 18 hours after that time, required to provide a specimens in pursuance of S.7 of this Act, but without reasonable excuse fails to provide it OR
He is required by a C to give his permission for a laboratory test of a specimen of blood taken from him under S.7A, but without reasonable excuse fails to do so
He is guilty of an offence.
What is S.4(1) RTA 1988?
Drink & Drugs
A person who drives or attempts to drive or is in charge of a mechanically propelled vehicle on a road or other public place, whilst unfit to drive through drink or drugs is guilty of an offence.
What is S.5 RTA 1988?
Alcohol over the prescribed limit
A person who drives or attempts to drive or is in charge of a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in their breath, blood or urine exceeds the prescribed limit commits an offence.
What is S.5A RTA 1988?
Where a person drives or attempts to drive or is in charge of a motor vehicle on a road or other public place and there is in that person’s body a specified controlled drug, they are guilty of an offence if the proportion of the drug in their blood or urine exceeds the specified limit for that drug.
What power do constables have under S.24(2) Police and Criminal Evidence Act 1984?
A Constable may arrest without warrant any person driving / having driven a motor vehicle on a road whom he/she has reasonable cause to suspect of being disqualified.
What is S.103 RTA 1988?
A person is guilty of an offence if, while disqualified from holding or obtaining a licence, he
Obtains a licence OR
Drives a motor vehicle on a road
What is S.14(3) RTA 1988 - Requirement to wear seatbelts?
Adults in the front and rear of vehicles
Every person aged 14 years or more who is:-
Driving, or
Riding in the front or rear seat of,
Any motor vehicle (other than a two wheeled motor cycle with or without a side car) shall wear an adult belt where one is available.
No person other than the person actually committing the contravention is guilty of an offence.