Driving offences Flashcards
Which legislation covers the majority of driving offences?
The Road Traffic Act 1988
Section 2 of the 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.
Section 2(A) RTA
For the purposes of sections above a person is to be regarded as driving dangerously if the way he drives 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.
A person is also to be regarded as driving dangerously for the purposes of the sections above if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.
In subsections above “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those subsections what would be expected of, or obvious to, a competent and careful driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.
In determining for the purposes of subsections above the state of a vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried.
What are aggravated driving offences?
Driving offences are aggravated where the driver causes a fatality. Each of these offences is very serious and will always result in disqualification and quite often a custodial sentence. These offences include:
Causing death by dangerous driving.
Causing death by careless or inconsiderate driving.
Causing death whilst driving under the influence of drink or drugs.
Causing death whilst uninsured or unlicensed.
Causing death whilst disqualified.
RTC
Road traffic collision
Why should you arrest after a fatal RTC?
Arresting a driver after a fatal RTC allows you to:
Confirm their identity by fingerprinting and performing address checks.
Secure an evidential breath / blood test.
Take any samples or conduct any searches (typically under Section 18 PACE).
Conduct an evidential interview.
Remember, the decision to arrest for any offence is your decision and both the grounds and necessity under Section 24 and Code G of PACE must exist.
s3 of the Road Traffic Act 1988
Careless, and inconsiderate, driving - 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.]
Examples include:
Suddenly turning right or left with no indication.
Cutting up other drivers or making sudden lane changes.
Swerving off to the motorway exit at the last moment.
Pulling out in front of someone causing them to brake.
Driving through puddles and soaking pedestrians.
What are the three most common offences that you will come across in relation to driver and vehicle documentation?
Driving otherwise than in accordance with a licence.
No Insurance.
No MOT.
Where is the offence of no insurance covered?
Section 143 of the Road Traffic Act 1988.
A person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that person such a policy of insurance and a person must not cause or permit any other person to use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance.
What powers do you have when stopping a driver with no insurance?
If you stop a driver with no insurance you can seize their car under Section 165A of the Road Traffic Act. The power to seize vehicles also applies to offences of driving otherwise than in accordance with a licence and failing to stop for police where the driver is also uninsured or is driving otherwise than in accordance of a licence (such as having no licence or a provisional driver without L plates).
Section 87(1) of the Road Traffic Act 1988
It is an offence for a person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class. It is an offence for a person to cause or permit another person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising that other person to drive a motor vehicle of that class.
Where is the requirement to have a valid test certificate (MOT) set out?
Section 47 of the Road Traffic Act 1988.
Section 47 Road Traffic Act 1988
A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence.
Section 47 Road Traffic Act 1988
A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence.
Section 103 of The Road Vehicles (Construction and Use) Regulations 1986.
Unnecessary obstruction.
No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction of the road.
An ‘unnecessary obstruction’ occurs when all or part of the carriageway or pavement is obstructed. In reality, this means if a car or lorry is parked and causing difficulty for other vehicles or pedestrians to get through then the road is obstructed. There does not need to be a complete blockage of the highway.
For the purposes of this offence, the vehicle causing an unnecessary obstruction must be a motor vehicle or a trailer.
