Definitions Flashcards

1
Q

What is the definition of S1 Road Traffic Act 1988?

A

A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place.

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2
Q

What is S2 of RTA 1988?

A

A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place.

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3
Q

What is S2(A) of RTA 1988?

A

A person who drives a mechanically propelled vehicle dangerously on a road or other public place.

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4
Q

What is S.3 RTA 1988?

A

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.

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5
Q

What does “without due care & attention” mean?

A

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.

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6
Q

What does “without reasonable consideration” mean?

A

It is necessary to cause some actual inconvenience to another road user.

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7
Q

Defences to S.1-3 RTA 1988?

A
Automatism
Unconsciousness/Sudden Illness
Duress
Sudden Mechanical Defect
Assisting in the arrest of offenders
Authorised motoring event
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8
Q

What is S.35 Offences Against the Person Act 1861?

Wanton and Furious Driving

A

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.

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9
Q

What is S.3A RTA 1988?

Death by drink/drugs

A

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.

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10
Q

What is S.4(1) RTA 1988?

Drink & Drugs

A

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.

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11
Q

What is S.5 RTA 1988?

Alcohol over the prescribed limit

A

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.

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12
Q

What is S.5A RTA 1988?

A

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.

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13
Q

What power do constables have under S.24(2) Police and Criminal Evidence Act 1984?

A

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.

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14
Q

What is S.103 RTA 1988?

A

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

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15
Q

What is S.14(3) RTA 1988 - Requirement to wear seatbelts?

A

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.

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16
Q

What is S.40 RTA 1988?

A

It is an offence to use, cause or permit another to use a motor vehicle or trailer on a road when the condition is such that there is a likelihood of the danger of injury to other road users.
There must be actual danger, which would be obvious to a careful and competent motorist. This legislation is broken down into four areas.

17
Q

What is revaluation 110(1) of the Road Vehicles (Construction and Use) Regulations 1986?

A

No person shall drive a motor vehicle on a road if he is using -

(a) a hand-held mobile telephone; or
(b) a hand-held device other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.

18
Q

What is S.110(3) of the Road Vehicles (Construction and Use) Regulations 1986

A

No person shall supervise a holder of a provisional licence if the person supervising is using -

(a) a hand-held mobile telephone; or
(b) a hand-held device other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.

19
Q

What is S.6(6) RTA 1988?

A

A person commits an offence if, without reasonable excuse, they fail to co-operate with a preliminary test in pursuance of a requirement imposed under this section.

20
Q

What offence is under S.163 of the RTA 1988?

A

Any person driving a MPV, or riding a pedal cycle on a road, shall stop on being required to do so by a Constable in uniform.
If a person fails to comply he is guilty of an offence.

21
Q

What are the acts regarding traffic signals?

A

When a PC or traffic warden is engaged in the regulation of traffic, drivers of all vehicles must obey his/her signals.
S.35 - Offence to fail to conform to the signals given by a police officer or traffic warden.
S.37 - Pedestrians must also stop if signalled to do so by a PC in uniform.

22
Q

What is S.16 RTA 1988?

A

It is an offence to drive or ride on a motorcycle without a helmet.

23
Q

What is section 23 RTA 1988?

A

Not more than one person in addition to the driver may be carried on a motor cycle.
No person in addition to the driver may be carried on a motor cycle otherwise than sitting astride the motor cycle on a proper seat.
If a person is carried on a motor cycle in contravention of this section, the driver of the motor cycle is guilty of an offence.

24
Q

What does the CLEAR acronym in Collision Scene Management stand for?

A

C - Collision - closure of carriageways, injury or death to persons
L - Lead - establish effective leadership
E - Evaluate - understanding the scale of the incident
A - Act - all incident responders act in partnership
R - Re-open - ASAP to reduce impact on road users and economy

25
Q

What offence is S.170(1) RTA 1988?

RTCs

A

Owing to the presence of a MPV on a road or other public place, an accident occurs whereby;
Personal injury is caused to a person (other than the driver of the MPV) OR
Damage is caused to:
A vehicle (other than the MPV or any trailer drawn by it) OR
An animal (other than one in or on that MPV or any trailer drawn by it) OR
Any other property, constructed on, fixed to, growing in or otherwise forming part of the land on which the road or other place in question is situated or land adjacent to such land.

26
Q

What does S.37 RTA 1988 cover?

A

Road traffic signs.
Where a traffic sign, being a sign -
(a) of the prescribed size, colour and type, or
(b) of another character authorised by the relevant authority under the provisions in that behalf of the Road Traffic Regulation Act 1984

27
Q

What offence is under S.87 RTA 1988?

A

It is an offence for a person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising hum to drive a motor vehicle of that class.

28
Q

What must persons do under S.164 RTA 1988?

A

Any of the following persons -
(a) a person driving a MV on a road,
(b) a person whom a PC/VE has RC2B to have been the driver of a MV at a time when an accident occurred owing to its presence on a road,
(c) a person whom a PC/VE has RC2B to have committed an offence in relation to the use of MV on a road, or
(d) a person -
(i) who supervises the holder of a provisional licence while the holder is driving a MV on a road, or
(ii)whom a C/VE has RC2B was supervising the holder of a provisional while driving, at a time when an accident occurred owing to the presence of the vehicle on a road or at a time when an offence is suspected of having been committed by the holder of the provisional licence in relation to the use of the vehicle on a road,
Must, on being so required by a Constable or vehicle examiner, produce his licence for examination, so as to enable the C/VE to ascertain the name and address of the holder of the licence, date of issue and the authority by which it was issued.

29
Q

What must persons do under S.165 RTA 1988?

A

Any of the following persons -
(a) a person driving a MV (other than an invalid carriage) on a road, or
(b) a person whom a C/VE has RC2B to have been the driver of a MV at a time when an accident occurred owing to its presence on a road or other public place, or
(c) a person whom a C/VE has RC2B to have committed an offence in relation to the use on a road of a MV
Must on being so required by a C/VE, give his name and address and the name and address of the owner of the vehicle and produce the following documents for examination;
Relevant certificate of insurance.
Valid test certificate.

30
Q

What is covered under section 9 RTA 1988?

A

The provision of samples for analysis under hospital procedure.
Welfare of patient takes precedence and consent is required from Dr in charge of patient.
If consents, continue. If not, they may still allow a request for blood or urine sample.
The police surgeon will obtain the samples, NEVER the Dr in charge of patient.
A blood sample can be taken from unconscious patient and stored until they gain consciousness and are able to give consent.