Definitions for Vehicles, Roads and Driving

Question 1

The National Police Chief’s Council roads policing strategy 2015-20 aims to do what?

Answer 1

Reduce the number of collusions leading to road death and serious injury, and to combat organised crime and terrorism through flexible enforcement, based upon intelligence, professional judgement and discretion.

Through working with partners, the aim is to provide a visible and technological presence on our roads, and to penalise and educate errant drivers, thereby influencing the behaviour of all road users.

Question 2

Define vehicle

Answer 2

According to the Vehicle Excise and Registration Act 1994, a vehicle is ‘a mechanically propelled vehicle, or anything (whether or not it is a vehicle) that has been, but has ceased to be, a mechanically propelled vehicle.

Question 3

Define mechanically propelled vehicle?

Answer 3

Mechanically propelled means that the vehicle is powered by a motor (driven by electricity, petrol, diesel or other fuels).

Question 4

Define motor vehicle

Answer 4

This is a mechanically propelled vehicle that is intended or adapted for use on roads (s 185 of the Road Traffic Act 1988).

Question 5

Define motor bicycle

Answer 5

This means a motor vehicle which has two wheels and a max design speed of 45 kph.

If powered by an internal combustion engine, the cylinder capacity must exceed 50cc.

It includes a combination, such as a motor vehicle and a side car (s 108 of the Road Traffic Act 1988).

Question 6

Define Bicycle

Answer 6

This includes a motor bicycle (ie a motorcycle) for the purposes of vehicle excise duty

Question 7

Define Moped

Answer 7

A moped is a motor vehicle which has three or fewer wheels and a maximum design speed of 50kph.

If propelled by an engine, the cylinder capacity must exceed 50cc (s 108 of the Road Traffic Act 1988).

Question 8

Define Pedal Cycle

Answer 8

This must be designed so it can be propelled by pedals, and includes electrically assisted pedal cycles (reg 3 of the Pedal Cycles (Construction and Use) Regulations 1983).

Question 9

Define Carriage

Answer 9

This means a motor vehicle or trailer (s 191 of the Road Traffic Act 1988).

Question 10

Define Conveyance

Answer 10

This is a vehicle constructed or adapted for transporting person(s) by land, water or air, but not one constructed or adapted for use ‘only under the control of a person not carried in or on it’ (s 12(7) of the Theft Act 1969).

Question 11

Vehicles normally have a number of identifying features unique to each vehicle, and these can be easily recalled by using the police mnemonic VICE….

Answer 11

Vehicle identification number (17 characters in a unique combination, usually displayed on dashboard).

Index number or registration plate.

Chassis number (17 characters in a unique combination, usually displayed on chassis/ frame of car).

Engine number (most easily seen when engine is out of car).

Question 12

Define road

Answer 12

(s 192 of the Road Traffic Act 1988)

Any (length of) highway to which the public has access, and includes bridges over which a road passes.

The limits of a road are the hedge rows, walls, fences or building lines on each side, so a public footpath alongside a road is part of the road.

Question 13

Define highway

Answer 13

(s 5 of the Highways Act 1835)

A ‘highway’ is a road, bridge, carriageway, cart-way, horse-way, bridleway, footway, causeway, churchway or pavement.

Question 14

Define public road

Answer 14

(s 62 of the Vehicle Excise and Registration Act 1994)

A road maintained at the public’s expense (for the purposes of vehicle excise duty legislation). Not all roads to which the public have access (e.g not gated or blocked) are ‘public roads’; if in doubt consult the Highways Authority for the area.

Question 15

Define carriageway

Answer 15

(s 329 of the Highways Act 1980)

A way that is marked or arranged in a highway, over which the public have a right of way for the passage of vehicles, but does not include cycle tracks.

Question 16

Define bridleway

Answer 16

(s 329 of the Highways Act 1980)

A highway on which the public have right pf way on foot, on horseback or leading a horse.

Question 17

Define footpath

Answer 17

(s 329 of the Highways Act 1980)

A highway that is not adjacent to a road, over which the public have a right of way, but only on foot.

Question 18

Define footway

Answer 18

(s 329 (1) of the Highways Act 1980)

A highway that is adjacent to a road, over which the public have a right of way, but only on foot.

Question 19

Define street

Answer 19

Includes roads, lanes alleys, subways, squares and any other similar places open to the public. It also includes doorways, entrances to premises, and any ground adjoining a street.

Question 20

The Strategic Road Network (SRN) and the Primary Road Network (PRN) form the network of main roads across the country.

What is the SRN and the PRN?

Answer 20

SRN: includes all larger roads (eg motorways) that are used for the national distribution of goods and services, and for public travel across the whole country.

PRN: used for transport on a regional or county level, and also feeds into the SRN for longer journeys.

Question 21

The Department for Transport is responsible for classifying roads according to their size and usage…

Motorway

Answer 21

Example: M6

Road Sign: Blue with white text

Key features:

• Each has a unique identifying number
• Motorways form part of the SRN

Identification in police communications:
- By number

Question 22

The Department for Transport is responsible for classifying roads according to their size and usage…

A Road

Answer 22

Example: A21

Road Sign:

• Non-PRN: white with black text
• Part of PRN: green with white and yellow text
• Road number will be shown

Key features:

• Each has a unique identifying number
• Some are subject to the motorway regulations and are referred to as A(M), e.g the A1(M).
• May also have a name

Identification in police communications:
- By number

Question 23

The Department for Transport is responsible for classifying roads according to their size and usage…

B Road

Answer 23

Example: B1231

Road Sign:

• White with black text
• Road number will be shown

Key features:

• Each has a unique identifying number
• May also have a name

Identification in police communications:
- By number

Question 24

The Department for Transport is responsible for classifying roads according to their size and usage…

Classified Unnumbered Road (C Roads)

Answer 24

Example: Mill Lane

Road Sign:

• White with black text
• No number will be shown

Key features:
- Each usually has a name (but may also have a locally designated number)

Identification in police communications:
- By name

Question 25

The Department for Transport is responsible for classifying roads according to their size and usage…

Unclassified Road (D Roads)

Answer 25

Example: Church Road

Road Sign:
- White with black text

Key features:
- Each has a name

Identification in police communications:
- By name

Question 26

The Highways Act 1980 includes particular terms for different types of road, although these are not widely used in other contexts, for example:

Answer 26

A ‘special road’ is a road where certain types of traffic are prohibited, and includes all motorways and some high-grade dual carriageways.

A ‘principal road’ is any A road or motorway, so includes ‘special roads’.

A ‘secondary road’ is any road that is not a principal road.

Question 27

Outline the meaning of ‘use’ and to whom it may apply.

Answer 27

The term use has been held to involve an element of controlling, managing or operating the vehicle as a vehicle.

Question 28

Describe circumstances in which a person may be said to use a vehicle.

Answer 28

Always use:
• Driver
• Owner if driven for business
• Owner if present and vehicle used for their purpose
• Passengers if they solicit the journey and it would not have taken place without them.

Question 29

Outline the meaning of ‘cause’ and to whom it may apply:

Answer 29

To cause is to expressly or impliedly mandate an offending act or omission.

Question 30

Describe circumstances in which a person may be said to cause the use of a vehicle.

Answer 30

Need to prove that the defendant had the authority to cause the use of the vehicle and that he:
• Knew the vehicle was being used on a road
• Was aware of the facts of the offence
• Authorised or ordered another person to use the vehicle.

To cause a person must know what the principle offender is doing or failing to do.

Question 31

Outline the meaning of ‘permit’ and to whom it may apply.

Answer 31

The offence of permitting is committed if a person gives another person permission to use a vehicle and it can be shown that the person was permitting was aware or should have been aware of the facts of the offence committed in relation to the use of the vehicle

Question 32

Describe circumstances in which a person may be said to ‘permit’ the use of a vehicle.

Answer 32

Let someone use your car that you know to have faulty lights.
Allow a provisional licence holder to drive a car.
An element of turning a blind eye may also apply.

Question 33

Describe circumstanced in which a person may be said to aid and abet the commission of a summary offence by another

Answer 33

The person must have had knowledge of the facts of the offence and assisted in the commission of the offence, or they had a duty to act and failed to act in that duty.