Driver Rider Offences - Section 1&2 RTA Flashcards
Define Section 1 Road Traffic Act 1988.
Causing death by dangerous driving -
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.
Explain the term causes the death in relation to an offence under Section 1 RTA 1988
The death of the person concerned must be
shown to have resulted in some way from the
incident.
Can occur at any time following the incident
taking place
State the definition of the terms ‘driving’, ‘mechanically propelled vehicle’, ‘road’, and ‘public place’ in relation to the Road Traffic Act 1988.
Driving – not defined under RTA 1988 – generally accepted as being in control of the
steering, propulsion and brakes of the vehicle.
Mechanically Propelled Vehicle - Motor Vehicle: M.P.V. constructed or adapted for use on a road. M.P.V.– wider in scope than motor vehicle and includes scrambler bikes whether or not intended for use on a road.
S: steam
E: Electric
P: Petrol
D: Diesel
O: Oil
G: Gas
Road- Road means any length of highway and any other place to which the public has access, and includes bridges over which a road passes. It always includes obvious public highways, footpaths and bridleways maintained by Government agencies or local authorities
Public Place - Any place to which the public have open access is a public place
even, (in certain circumstances), if payment must be made to gain entry
Describe what would constitute ‘dangerous driving’ under Section 2 Road Traffic Act 1988.
For the purposes of Section 1: a person is to be regarded as driving dangerously if and only if:
1. the way s/he drives falls far below what would be expected of a competent and careful driver, and
2. it would be obvious to a competent and careful driver that driving in that way would be dangerous.
A person is also to be regarded as driving dangerously for the purposes of Section 1, if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous .
‘dangerously’ refers to the danger of either injury to
any person or serious damage to property.
‘dangerous’ can also relate to the state of the vehicle,
or of anything attached to or carried by it.
Explain what will be falling below the expected standard of driving.
- Disregard of traffic lights/other road signs which appears to be deliberate.
- Speed which is highly inappropriate for the prevailing weather/traffic conditions
- Prolonged, persistent or deliberate bad driving
- Aggressive or intimidatory driving
- Unsafe overtaking
- Driving a vehicle with a load which presents a
danger to other road users - Failing to pay proper attention, amounting to
something more than a momentary lapse
Define Section 1A Road Traffic Act 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.
Define Section 2 Road Traffic Act 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 Section 2B Road Traffic Act 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 or place, is guilty of an offence
Explain the defences for dangerous driving
The Road Traffic Act 1988 provides certain defences to the offences of dangerous driving under Section 2:
- Automatism
- Unconsciousness/Sudden Illness
- Duress
- Sudden mechanical defect
- Assisting in the arrest of offenders
- Authorised motoring event
Define S 3 RTA 1988
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
Describe the term “without due care and attention”
This is when the driving has 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.
Describe the term “without reasonable consideration”
In order to drive ‘without reasonable consideration’ it is necessary to cause some actual inconvenience to another road user
Describe the offence of ‘wanton and furious driving’ contrary to Section 35 Offences Against the Person Act 1861.
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
