Driving Rider Offences Flashcards
What is the purpose of a notice of intended prosecution (NIP)?
- To ensure the driver or rider is aware an offence has been committed
- To ensure he or she is aware they may be prosecuted for that offence(s)
- To allow driver or rider time to prepare any defence
What offences require a NIP?
D - Dangerous, careless or inconsiderate driving or cycling
E - Exceeding the speed limit
F - Fail to confirm to direction given by PC engaged in regulation of traffic
F - Fail to conform to certain traffic signs
L - Leaving a vehicle in a dangerous position
A - Aiding and abetting any of these offences
How do you serve a Notice of Intended Prosecution (NIP)?
- Verbally on the offender at the time of the offence
- Serving a written notice on the driver or registered keeper of the vehicle within 14 days of the offence
- Serving a summons on the offender within 14 days of the offence
Define Section 1 Road Traffic Act 1988
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.
Define what ‘Causes the death’ means?
The death of the person concerned must be shown to have resulted in some way from the incident to which the charge relates, however, does not have to be a major or substantial cause.
Define Driving
Not defined under RTA 1988 – generally accepted as being in control of the steering, propulsion and brakes of the vehicle
Define 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
Define a 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
Define a 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
What does ‘dangerously’ mean?
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.
List what is considered a bad standard of driving
- Racing or competitive sport
- 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 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.
What defences are there for Section 2 Road Traffic Act?
- Automatism
- Unconsciousness/Sudden illness
- Duress
- Sudden mechanical defect
- Assisting in the arrest of offenders
- Authorised motoring event
What are the Fatal 5?
- Drink/drug driving
- Speeding
- Not wearing a seatbelt
- Using a mobile phone
- Dangerous driving
Define Section 163 Road Traffic Act 1988
Traffic Signals
Any person driving a mechanically propelled vehicle, or riding a pedal cycle on a road, shall stop on being required to do so by a constable in uniform. If a person fails to comply he is guilty of an offence.
What is Section 35 Road Traffic Act 1988?
Offence to fail to conform to the signals given by a police officer or traffic warden
What is Section 37 Road Traffic Act 1988
Pedestrians must also stop if signalled to do so by a PC in uniform
What is Section 16 Road Traffic Act 1988?
It is an offence to drive or ride on a motorcycle without a helmet
Define Section 23 Road Traffic Act 1988
Not more than one person in addition to the driver may be carried on a motorcycle. No person in addition to the driver may be carried on a motorcycle otherwise than sitting astride the motorcycle on a proper seat. If a person is carried on a motorcycle in contravention of this section the driver of the motorcycle is guilty of an offence
Define Section 3 Road Traffic Act 1988
Driving without due care and attention or reasonable consideration
If a person drives a mechanical 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.
Define ‘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.
Define ‘without reasonable consideration’
In order to drive ‘without reasonable consideration’ it is necessary to cause some actual inconvenience to another road user
Define Section 35 Offences Against the Person Act 1861
‘Wanton and 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 whatsoever shall be guilty of an offence.
