Driver Rider Offences S3 RTA Flashcards
Define S3 RTA 1988
Driving without due care + attention or reasonable consideration
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 is meant by ‘without due care and attention’
When driving has departed from standard of care and skill that would be in the circumstances of the case have been exercised by a reasonable and competent driver.
The standard is the same in case of a driver holding provisional licence as full licence.
What is meant to ‘without reasonable consideration’?
In order to drive without reasonable consideration it is necessary to cause some actual inconvenience to another road user.
Other persons can be cyclists, pedestrians, passengers.
Can include misleading signals etc
What are the defences of due care/reasonable consideration?
Automatism (sneezing etc)
Unconsciousness/sudden illness
Duress
Sudden mechanical defect
Assisting in the arrest of offenders
Authorised motoring event
Define S35 Offences Against the Person Act 1861
(wanton + 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
shall be guilty of an offence
Describe what is meant by ‘wanton and furious driving’
Refers to ‘vehicle’, can include cycles, horse drawn carriages.
Can be committed anywhere.
Should only be used when not possible to prosecute for offence under RTA for example incidents on private premises such as dirt tracks/country trails.
‘Wanton’: Without lawful motive and being thoughtless to possible consequences.
Define S3a RTA 1988
If a person causes the death of another person
By driving a mechanically propelled vehicle
On a road or other public place
Without Due Care + Attention or Reasonable Consideration for other road users
AND
At time of driving unfit through drink/drugs
Consumed so much alcohol that proportion in breath blood urine over prescribed limit
Has specified drug over limit
Refuses specimen within 18 hours
He is guilty of an offence
What are the Fatal 5
Drink/Drug Driving
Speeding
Not wearing Seat belt
Using Mobile Phone
Dangerous Driving
List the speed limits
Motorway - 70
Dual Carriageway - 70
Other Roads - 60
Restricted Roads - 30
