Driver Rider Offences Flashcards
Purpose of a NOtice of intended prosecution
To ensure the driver or ride is aware an offence has been committed
Ensure he or she is aware they may be prosecuted for that offence
To allow driver or rider time to prepare any defence
What is DEFFLA
Dangerous, careless or inconsiderate driving or cycling
Exceeding the speed limit
Failing to conform to a direction given bu a constable enagged in the regulation of traffic
Failing to conform to certain traffic signs
Leaving a vehicle in a dangerous position
Aiding and abetting any of these offences
Section 1 RTA
A person who causes the death of another person by driving a MPV dangerously on a road or other public place is guilty of an offence
What is Driving?
Steering, propulsion and brakes of the vehicle
Sepdog
Steam Electric Petrol Diesel Oil Gas
Road- 192(1)
Any highway and any other road to which the public has access, and includes bridges over which a road passes
Public place
any place to which the public have access whether through payment or not
Dangerously
Refers to the danger of either injury to any person or serious damage to property
Dangerous
Relates to the state of the vehicle or of anything attached to or carried by it
Section 1A RTA
A person who causes serious injury to another person by driving a MPV dangerously on a road or other public place is guilty of an offence
Section 2 RTA
A person who drives a MPV dangerously on a road or other public place is guilty of an offence
Section 2B RTA
A person who causes the death of another person by driving a MPV on a road or other public place without due care and attention and without reasonable consideration for other persons using the road or place is guilty of an offence
Defences to section 2
Automatism
Unconsciousness/sudden illness
Section 3RTA
If a person drives a MPV 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
Section 3A
He is within 18 hours after that time, required to provide a specimen in pursuance of s7 of the this act(rta1988) but without reasonable excuse fails to provide it or
He is required by a constable to give his permission for a lboratory test of a specimen of blood taken from him under section 7A of this act (rta 1988) but without reasonable excuse fails to do so he is guilty of an offence
Section 35 offences against the person act 1861
Whosoever having the charge of any carriage or vehicle shall be 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
Mpv
Any vehicle that is propelled mechanically
What is fatal 5?
Drink/drug driving Speeding Not wearing a seatbelt Using a mobile phone Dangerous driving
Section 163
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 unifrom
If a person fails to comply he is guilty of an offence
Section 35 RTA
Offence to fail to conform to the signals given by a police officer or traffic warden
Section 37RTA
Pedestrians must also stop if signalled to do so by a PC in uniform
Section 16 RTA
It is an offence to drive or ride on a motorcycle without a helmet
Section 23 RTA
Provides restrictions concerning the carriage of persons on motor cycles and creates the appropaite offences