Driver Rider Offences S1+S2 RTA Flashcards
Define S1 RTA 1988
A person who causes the death of another person
by driving a mechanically propelled vehicle dangerously
on a road or other public place
is guilty of an offence
State the definition of the terms ‘driving’ ‘mechanically propelled vehicle’ ‘road’ and ‘public place.
Driving - Being in control of the PROPULSION and STEERING of vehicle.
MPW - Vehicle constructed so that it can be propelled mechanically. Refers to construction rather than use with the following sources of power -
Steam
Electricty
Petrol
Diesel
Oil
Gas
Road - Any highway and other road to which the public has access and includes bridges over which a road passes.
Public place - Any place to which the public has access whether by payment or otherwise.
Explain what constitutes ‘dangerous driving’
A person is to be regarded as driving dangerously if and only if:
- The way they drive falls far below what would be expected of a competent and careful driver, and
- It would be obvious to a competent and careful driver that driving in that way would be dangerous.
Outline the difference between ‘dangerous’ and ‘dangerously’.
Dangerous - Relates to state of vehicle or anything attached or carried by it
Dangerously - Refers to danger of either injury to any person or serious damage to property.
List instances of poor driving which may support a prosecution for dangerous driving
Racing/competitive sport
Disregard of traffic or other road signs which appears deliberate
Speed highly inappropriate for weather/traffic conditions
Prolonged deliberate bad driving
Aggressive or intimidating driving
Unsafe overtaking
Failing to pay proper attention
Define S1A RTA 1988
Causing serious injury by dangerous driving
A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
What constitutes as ‘serious injury’?
physical harm which amounts to GBH for purposes of Offences against Person Act 1861
Define S2 RTA 1988
Dangerous Driving
A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence
Define S2B RTA 1988
Death by careless or inconsiderate driving
A person who causes the death of another person
by driving 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
is guilty of an offence
What are the defences for dangerous driving?
Automatism
Unconsciousness
Duress
Sudden mechanical defect
Assisting in the arrest of offenders
Authorised motoring event
List the offences under S1 + S2 Road Traffic Act 1988
S1 - Death by dangerous driving
S1A - Causing serious injury by dangerous driving
S2 - Dangerous driving
S2B Death by careless or inconsiderate driving
