Essential Legislation

Question 1

Vehicles exempt from vehicle tax/ excise duty

Answer 1

s5 Vehicle Excise and Registration Act 1994

• Vehicles used by a disabled person
• Disabled passenger vehicles
• Mobility scooters and powered wheelchairs
• Historic vehicles (before 1980)
• Electric vehicles
• Mowing machines
• Steam vehicles
• Vehicles used for agriculture, horticulture and forestry

Question 2

Definition: Mechanically propelled vehicle

Answer 2

‘mechanically propelled’ means that the vehicle is powered by a motor (driven by electricity, petrol, diesel or other fluids).

Question 3

Definition: Motor vehicle

Answer 3

“this is a mechanically propelled vehicle that is intended or adapted for use on roads.”

Question 4

Users of motor vehicles to be insured

Answer 4

s143 Road Traffic Act 1988

(a) a person must not use a motor vehicle on a road…without insurance
(b) a person must not cause or permit any other person to use a motor vehicle on a road…without insurance

Question 5

Duty of driver to stop, report accident and give information or documents.

Answer 5

s170 Road Traffic Act 1988

(1) Section applies when…an accident occurs by which…
(a) Personal injury of a person other than the driver.

(b) Damage is caused to…
(i) Other vehicles
(ii) An animal
(iii) Building next to the road.

(2) Driver must stop and give his name and address (or name and address of the owner of the vehicle).
(3) He/she must report the accident and provide the relevant information to the police as soon as reasonably practicable, and certainly within 24 hours.
(4) Failing to do this is a summary offence, penalty is 6 month’s imprisonment and/or a fine.
(5) Where personal injury is caused to another person, a relevant insurance certificate to police officer and injured person.
(6) He/she must report the accident and provide the relevant information to the police as soon as reasonably practicable, and certainly within 24 hours s 170(6).
(7) Will be convicted if the certificate or other evidence is produced in longer than 7 days.

Question 6

Dangerous driving

Answer 6

s2 Road Traffic Act 1988

1. Driving that falls well below the standard required of a careful and competent driver and it would be obvious that the driving is dangerous, and
2. Driving in a vehicle which is in such poor condition that a careful and competent driver would realise it was dangerous.

Question 7

Careless or Inconsiderate driving

Answer 7

s3 Road Traffic Act 1988

A driver drives without due care if the standard of their driving is below that expected of a competent and careful driver.
- e.g indicating left and then turning right, crossing the centre white line in the face of oncoming traffic or not looking whilst reversing.

To be inconsiderate, other drivers or road users would need to be impacted on.
- e.g. cutting across their path or queue jumping. A driver would be charged with either ‘careless’ or ‘inconsiderate’ driving.

Question 8

Causing death by dangerous driving.

Causing serious injury (GBH) by dangerous driving.

Causing death by careless, or inconsiderate, driving

Answer 8

s1 Road Traffic Act 1988

s1A Road Traffic Act 1988

s2B Road Traffic Act 1988

Question 9

Causing death by driving: unlicensed or uninsured drivers

Answer 9

s3ZB Road Traffic Act 1988

A person is guilty of an offence under this section if he causes the death of another person by driving a motor vehicle on a road and, at the time when he is driving, the circumstances are such that he is committing an offence under—

• s87(1) (driving otherwise than in accordance with a licence),
• s143 (using motor vehicle while uninsured)

Question 10

Causing death by careless driving when under influence of drink or drugs.

Answer 10

s3A Road Traffic Act 1988

1. Be unfit through drink and drugs at the time,
2. Have consumed so much that the proportion in his/her breath, blood or urine exceed the prescribed limit,
3. Failed without reasonable excuse to have provided a sample when required under S7 RTA 1988 within 18 hours of the incident,
4. Failed without reasonable excuse to have given permission for his or her blood to be tested when required by a police officer.

Penalty:
- Indictment – 14 years.

Question 11

There are two offences relating to driving whilst impaired:

Answer 11

1. s4 Road Traffic Act 1988: Driving, attempting to drive or being in charge of a mechanically propelled vehicle whilst unfit through drink or drugs.
2. s5 Road Traffic Act 1988: Driving, attempting to drive or being in charge of a mechanically propelled vehicle with alcohol (S5) or drugs (S5A) in excess of the prescribed limit.

Question 12

S5 RTA: driving or being in charge of a vehicle whilst over the prescribed limit. A person commits an offence if driving or attempting to drive or in charge of a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in his/her breath, blood or urine exceeds the prescribed limit.

The limits are as follows:

Answer 12

• 35 micrograms of alcohol in 100 millilitres of breath; or
• 80 milligrams of alcohol per 100 millilitres of blood; or
• 107 milligrams of alcohol per 100 millilitres of urine

Question 13

What section of the Road Traffic Act covers preliminary tests?

These could include breathalysers, FIT tests or one of a number of new products being marketed to detect drugs.

Answer 13

6A RTA = Preliminary breath test

6B RTA = Preliminary impairment test

6C RTA = Preliminary drug test

Any officer in or out of uniform can require the test if they reasonably suspect that there has been a moving traffic offence, an accident, or the suspect is under the influence of drink or drugs.

(7)

(2) A constable may make a requirement under this section to provide specimens of breath only if—
(a) The requirement is made at a police station or a hospital,
(b) The requirement is imposed in circumstances where section 6(5) of this Act applies, or
(c) The constable is in uniform.

Question 14

S6 RTA preliminary tests

Before administering the test, there are some screening questions which must be recorded before administering a breath test. These are:

Answer 14

1. When did you last have an alcoholic drink or use alcoholic mouth spray (must have been at least 20 minutes before the test or there may be a false positive result),
2. When did you last have a cigarette (again you must wait five minutes or it will affect the result), and
3. Is there any medical reason why they cannot take a breath test (if the answer is yes and alcohol is still suspected, they can be arrested for failing to provide a sample and they should be dealt with at the station where further investigation can take place).

Question 15

A constable may arrest a person without warrant if as a result of a preliminary breath test or preliminary drug test the constable reasonably suspects that—…

Answer 15

s6D Road Traffic Act 1988

(a) the proportion of alcohol in the person’s breath or blood exceeds the prescribed limit, or
(b) the person has a specified controlled drug in his body and the proportion of it in the person’s blood or urine exceeds the specified limit for that drug.

Can also arrest if refuse to co-operate with tests.

Question 16

Whilst there is no specific offence of “driving without a licence”, there are three offences in the RTA you need to remember:

Answer 16

(S87(1) RTA): Driving a motor vehicle on a road otherwise than in accordance with a licence. This covers the person who is driving a vehicle in a manner they are not qualified to, either because they haven’t passed the relevant test or because they haven’t applied for a licence at all.

(S87(2) RTA): Causing or permitting the above. This covers someone who allows someone else to do the above, i.e. the young driver who allows their friend to drive even though they are too young to hold a licence.

(S99(5) RTA): Failure to update a change of Name and Address on a driving license. This is very common and you will probably consider verbally warning someone for a first offence.

Question 17

Defences to driving uninsured

Answer 17

s143 Road Traffic Act 1988

(a) That the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan,
(b) That he was using the vehicle in the course of his employment, and
(c) That he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance

Question 18

What legislation allows a police officer to seize a vehicle if he has reasonable grounds to believe the vehicle is not insured or the driver does not have the correct licence?

Answer 18

s165A Road Traffic Act 1988

The officer must be in uniform and he/she must warn the driver if practicable. If the driver is not present or drives off, the officer has 24 hours to find and seize the vehicle.

The officer can enter private premises (except a dwelling) to do so, this includes garages, car ports, driveways and grassed areas next to the owner/keepers’ house etc. Reasonable force may be used.

Question 19

s47 RTA states certain vehicles need an MOT test from what date?

Answer 19

The third anniversary of registration in the UK.

• 8 or less passenger seats (such as a family car),
• < 1,525 Kg (a small van),
• a dual-purpose vehicle (pick-up trucks),
• motorcycles and mopeds,
• motorhomes,

Vehicles that need an MOT test from the first date of registration in the UK are (s47)(3):

• A vehicle with more than 8 seats,
• a taxi or minicab,
• ambulances and others.

Question 20

What legislation gives a constable in uniform the power to stop a mechanically propelled vehicle on a road?

Answer 20

s163 Road Traffic Act 1988

There is a S17 PACE power of entry into premises which is given to arrest someone if they fail to comply and subsequently flee the scene for this offence. The police officer need not be in uniform to exercise the power of entry although must be in uniform to stop a vehicle.

Question 21

Dangerous cycling

Careless, and inconsiderate, cycling.

Answer 21

s28 RTA: A person who rides a cycle on a road dangerously is guilty of an offence.

s29 RTA: A person rides a cycle on a road without due care and attention, or without reasonable consideration for other persons using the road.

Question 22

Any person who has reasonable grounds may request the name and address of drivers or pedal cyclists suspected of dangerous, careless, or inconsiderate driving or cycling under what legislation?

Answer 22

s168 Road Traffic Act 1988

Question 23

Testing of the condition of vehicles on roads.

Answer 23

s67 Road Traffic Act 1988

(1) An authorised examiner may test a motor vehicle on a road for the purpose of—

(a) Ascertaining whether the following requirements, namely—
(i) the construction and use requirements, and
(ii) condition is not such that its use on a road would involve a danger of injury to any person;
…comply

(b) bringing to the notice of the driver any failure to comply with those requirements.

Question 24

It is an offence under which legislation to ride a motorcycle on a road without a helmet of an approved type with a BS standard or EU rating?

Answer 24

s16 Road Traffic Act 1988

A helmet when worn must bear a physical mark indicating it conforms to BS standards, or must be of a type which affords similar protection and must be securely fastened. A helmet that is not secured is ‘not being worn’ according to legislation.

Exceptions:

• Motor mower riders.
• Sikh’s wearing a turban on a two-seat motorcycle.
• Riders or drivers on a three-wheel vehicle where the weight is 550kg or less and the centre of contact between the two wheels is at least 460mm.
• Sidecar passengers.
• Any person pushing a two-wheeled bike on foot.

Question 25

Restriction on carrying children not wearing seat belts in motor vehicles.

Answer 25

s15 Road Traffic Act 1988

Except as provided by regulations, where a child under the age of fourteen years is in the front of a motor vehicle, a person must not without reasonable excuse drive the vehicle on a road unless the child is wearing a seat belt in conformity with regulations.

15B Requirement to notify bus passengers to wear seat belts

Question 26

What legislation that can be used against people using parks and estates for motor cycle scrambling or even just parking on communal lawns?

Answer 26

s34 Road Traffic Act 1988

Question 27

Drivers to comply with traffic directions

Answer 27

s35 Road Traffic Act 1988

(1) Where a constable is for the time being engaged in the regulation of traffic in a road, a person driving or propelling a vehicle who neglects or refuses—

(a) To stop the vehicle, or
(b) To make it proceed in, or keep to, a particular line of traffic when directed to do so by the constable in the execution of his duty…

is guilty of an offence.

Question 28

The Hospital Procedure - S9 RTA 1988

Before a test is conducted the doctor in charge of the patient’s care should be contacted. If they agree, you should continue.

If the doctor agrees, a breath test may be given as normal. There are three possible outcomes:

Answer 28

Pass - no further action taken

Fail to provide/cooperate with the test - report for summons (they cannot be arrested whilst they are still a patient)

Fail the test - call a supervisor who will attend with a police doctor to make the requirement for blood or urine. The doctor treating the patient/suspect must NOT be asked to do this, although an unconnected doctor may. The suspect will be reported for process.

Question 29

What happens with regards to drink/ drug testing if the patient is unconscious?

Answer 29

A police doctor will take a sample of blood and the suspect be asked if it can be analysed when they are in a fit state to give informed consent. To fail to consent is also an offence (S7 A 4-6 RTA 1988).

Question 30

Which legislation makes it an offence to cause, or to cause to be done, bodily harm to any person by wanton or furious driving racing or other wilful misconduct or wilful neglect.

Answer 30

S35 Offences against the persons act 1861

2 years max.

Question 31

Taking Without Owners Consent (TWOC)

Answer 31

s12 Theft Act 1968

A person commits an offence if without having the consent of the owner…or other lawful authority…he/she takes any conveyance for his/her own or another use,

or…

knowing that any conveyance has been taken without such authority…drives it or allows him or herself to be carried in or on it.

(6) A person does not commit an offence under this section by anything done in the belief that he has lawful authority to do it or that he would have the owner’s consent if the owner knew of his doing it and the circumstances of it.

Penalty:
Triable summarily and the penalty is 6 months imprisonment and/or a fine.

Question 32

Aggravated Taking Without Owners Consent (TWOC)

Answer 32

s12A Theft Act 1968

The offence of TWOC is “aggravated” if it is committed in respect of mechanically propelled vehicle and at least one of the following circumstances occurred after the vehicle was taken and before it was recovered:

• it was driven dangerously on a road or public place;
• it caused an accident in which somebody was injured;
• it caused damage to property; or
• the vehicle itself was damaged.

Penalty:
Summarily – if the value of the property damaged or destroyed is less than £5,000 (s 22 of the Magistrates Courts Acts 1980), penalty is a fine (no upper limit) or imprisonment 6 months.

Indictment – two years and if the accident caused death the penalty is up to 14 years’ imprisonment.

Question 33

S329 Highways Act 1980 sub defines various types of highway:

Answer 33

A carriage way is a marked or arranged area on a highway which the public have access to for vehicles (note, NOT cycle paths).

A bridleway is a highway over which the public have right of way on foot or riding or leading a horse

A footway (i.e. a pavement) is a highway adjacent to a road for use by the public on foot).

A street includes doorways, entrances, subways squares and any other similar places open to the public (Smith V Hughes 1960).

Question 34

A driver in their first two years of driving (having passed a full licence test) will be liable to have their licence revoked in what circumstances?

Answer 34

If they are convicted of an endorsable offence or they are given six penalty points.

They will have to apply for a new provisional licence and resit their test. The two-year probationary period does not, however, start again. (Road Traffic New Drivers Act 1995).

Question 35

Enter and search for people (either to arrest, recapture or save)

Answer 35

s17 PACE 1984

Creates a power to enter premises to effect an arrest.

Suspect/ Believe they’re in.

W - Warrant - Believe
A - Arrest for indictable offence - Believe
S - Specified Offence - Believe
P - Pursuit of those unlawfully at large - Believe
S - Save life and limb - Suspicion
S - Save property from serious damage - Suspicion

Question 36

Powers for Stop and Search

Answer 36

Code A, para 2.2

Powers which require reasonable grounds for suspicion, before they may be exercised;
that articles unlawfully obtained or possessed are being carried

S tolen articles
O ffensive weapons
A rticles made or adapted for use in the course of or in connection Theft, Burglary, TDA, Fraud, Criminal Damage, possession of certain fireworks.
P ointed or bladed articles

Reasonable grounds for suspicion should normally be linked to accurate and current intelligence or information, relating to articles for which there is a power to stop and search.

A search involving the exposure of intimate body parts requires no authorisation (the final decision rests with the officer at the scene).

Question 37

Road checks.

Answer 37

s4 PACE 1984

(1) This section shall have effect in relation to the conduct of road checks by police officers for the purpose of ascertaining whether a vehicle is carrying—

(a) A person who has committed an offence other than a road traffic offence or a vehicle excise offence;
(b) A person who is a witness to such an offence;
(c) A person intending to commit such an offence; or
(d) A person who is unlawfully at large.

Question 38

Using an insurance certificate with intent to deceive is an offence under what legislation?

What legislation gives you the power to seize such a document?

Answer 38

S173 RTA 1988

S176 RTA 1988

Question 39

Dangerous conditions: a person is guilty of an offence if he uses, causes, or permits a motor vehicle or trailer to be used on the road when its use involves a danger of injury to any person because of:

Answer 39

(S40 RTA 1988)

• the condition of the vehicle or trailer, or its accessories,
• the purpose for which it is used,
• the number of passengers or the manner in which they are carried,
• the weight position or distribution of load, or the way that it is secured

Question 40

Avoidance of excessive noise

Answer 40

s97 The Road Vehicles (Construction and Use) Regulations 1986

No motor vehicle shall be used on a road in such manner as to cause any excessive noise which could have been avoided by the exercise of reasonable care on the part of the driver.

Question 41

Speeding offences generally.

Answer 41

s89 Road Traffic Regulation Act 1984

(1) A person who drives a motor vehicle on a road at a speed exceeding a limit imposed by or under any enactment to which this section applies shall be guilty of an offence.

Question 42

Which legislation covers the seizure of vehicles involved in the various anti-social activity?

The driver must be warned the vehicle will be seized if improper use continues unless:

Answer 42

S59 Police Reform Act 2002

This could be used on an estate plagued by people riding mopeds in an anti-social manner, for example.

• it would be impracticable to do so,
• the driver has already been given a warning on that occasion or in the previous 12 months from any officer and for any vehicle.

Question 43

Which legislation prohibits a person from using, or causing or permitting a person to drive a motor vehicle on a road whilst using a hand-held device?

Answer 43

Reg 110 RTA 1988

Reg 110(3) prohibits a person who is supervising a learner driver from using such a device also. Penalties for such an endorsable offence are now a £200 fine with 6 penalty points.

Question 44

If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to a fine.

What is this legislation?

Answer 44

s 137(1) of the Highways Act 1980

Wilfully obstruct means some kind of deliberate act.

This offence is triable summarily and the penalty is a fine.

Question 45

Skips placed on or near highways can present hazards.

What legislation covers this?

Answer 45

s 139(1) of the Highways Act 1980

Conditions must be in relation to its size, the way it is lit and its position on the road s 139(2) and with permission s 139(3).

These are summary offences and the penalty is a fine.

Question 46

What does s 161 of the Highways Act 1980 prohibit any person (without lawful authority or excuse) from doing?

Answer 46

(a) Lights any fire on or over a highway which consists of or comprises a carriageway; or
(b) Discharges any firearm or firework within 50 feet of the centre of such a highway,

Question 47

Interfering with road signs, other traffic equipment, or vehicles may put other road users at risk

What legislation covers law surrounding this?

Answer 47

s22A of the Road Traffic Act 1988

Question 48

It is an offence under what legislation if, while a motor vehicle is on a road or on a parking place, a person;

(a) gets on to the vehicle, or
(b) tampers with the brakes or other part of its mechanism.

Answer 48

s25 of the Road Traffic Act 1988

Question 49

Offence of immobilising etc. vehicles

Answer 49

s54 Protection of Freedoms Act 2012

(1) A person commits an offence who, without lawful authority—

(a) immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or
(b) moves, or restricts the movement of, such a vehicle by any means, intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.

Penalty: Either way – Fine.

Question 50

PC GREENWOOD is on uniform mobile patrol and becomes suspicious about the person driving a car in front of her as the car is swerving in the road. PC GREENWOOD stops the car and speaks to HUDSON (the driver of the car). HUDSON’s speech is slurred and PC GREENWOOD can smell intoxicants on HUDSON’s breath.

Can PC GREENWOOD arrest HUDSON for an offence of driving whilst unfit through drink or drugs (contrary to s. 4 of the Road Traffic Act 1988)?

Answer 50

Yes, there is no requirement for any preliminary test to be administered.

The Road Traffic Act 1988, s. 4 states:
(1) A person who, when driving or attempting to drive a mechanically propelled vehicle on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.

Question 51

ALLCOCK is driving his car (a motor vehicle) along a road when he comes to a halt because of a traffic jam. ALLCOCK is extremely frustrated by this as he is already late for a meeting and can see that if he drives off the road and over some grassland (a public place) he can avoid the queue of traffic. He drives off the road and over the grassland causing several members of the public using the grassland to have to jump out of the way of his car.

In relation to the offence of careless or inconsiderate driving (contrary to s. 3 of the Road Traffic Act 1988) which of the following comments is correct?

Answer 51

An offence under s. 3 has been committed but ALLCOCK can only be charged with careless or inconsiderate driving - not both.