Introduction to Road Policing- Definitions Flashcards
Q: What is a vehicle?
Vehicle is not specifically defined in Road Traffic legislation.
Dictionary definition: a carriage or conveyance of any kind used on land (not airplane or boat etc…)
It could be a hut on wheels, bicycle, pram, skateboard, scooter etc…
Q: What is a mechanically propelled vehicle?
MPV is not defined under the law.
It will be a matter of fact for the court to decide.
It is a vehicle that can be propelled by mechanical means- this means operated by machinery.
This covers vehicles propelled by SEPDOG
Steam
Electric
Petrol
Diesel
Oil
Gas
Q: What does an MPV include?
Forklift truck
Crane
Formula one racing car
Construction dumper truck
Train
Steam traction engine
Tractor
Car
Police vehicles
Moped
Still an MPV if the engine doesn’t work- eg: someone is pushing a car or motorbike that has never had a functioning engine
Q: What does a MPV not include?
Hut on wheels, bicycle, pram, skateboard, scooter etc…
Vehicles propelled by humans or animals are not included.
There needs to be some sort of mechanical engine.
Q: What is the test for whether something is mechanically propelled?
It is the construction of the machine that matters, not the use of it at the time.
What it was built to do and not what someone is doing with it.
It is an objective test.
Q: When does an MPV cease to be an MPV?
An MPV ceases to be an MPV if it is in such a bad condition that it can never realistically be re-paired.
It doesn’t stop being an MPV if it currently isn’t working as it should. Must go beyond a state of repair to not be considered an MPV.
Eg: if an engine could be refitted then it would still be an MPV
Q: Who has the burden of proof for determining whether something is an MPV?
Prosecuting have the burden of proving that it is an MPV.
It is an objective test- would a reasonable person say that it is an MPV?
Q: What is a motor vehicle?
S185 RTA 1988
S136 Road Traffic Regulation Act 1984
‘It is a MPV intended or adapted for use on a road’.
Q: What does ‘adapted’ mean?
Altered to make it fit.
Q: Who has the burden of proof for determining whether something is a motor vehicle?
Prosecuting have the burden of proving that it is a motor vehicle.
It is an objective test- would a reasonable person say that one of the vehicle’s uses would be gen-eral use on the road
Q: Is what the manufacturer decides about the vehicle?
What the manufacturer or distributor intends is not decisive.
The test is whether a reasonable person would say that one of its uses would be on a road.
Q: Who is a driver?
S192 RTA 1988
The driver is a person engaged in the driving of a vehicle.
It is possible for more than one person to be the driver of a vehicle at any one time- if someone is steering and the other is using the pedals
Q: What is driving?
S192 RTA 1988
A person using the driver’s controls for the purpose of directing the movement of the vehicle.
You can drive a vehicle when you aren’t in it- someone pushing a broken-down car with foot in the vehicle to control it.
They must have control in a substantial way- eg: control of steering, brakes etc…
Q: What is a road?
S192(3) RTA 1988
Any highway and any other road to which the public has access and includes bridges over which a road passes.
Includes pavements and grass verges.
Q: What is a highway?
Way over which the public has a right to pass and re-pass by foot, horse, or vehicle, or with animals.
They include public bridleways (route where the public have the right to ride or lead horses) and public foot paths (path which public can use on foot).
