Lecture 23 Roads Policing Day 1

Question 1

What is the definition of a Road under Section 192 Road Traffic Act 1988?

Answer 1

“Any highway, and any other road to which the public has access, and includes bridges over which a road passes”

Question 2

How would you prove a public place for a Road Traffic Offence?

Answer 2

In order to prove ‘public place’ for road traffic offences it must be shown:
• The people admitted are members of the public not some members of a special or particular class of people (belonging to an exclusive club) or as a result of some special characteristic not shared with the public at large
• Those people are admitted with the express or implied permission of the owner of the land or place in question.

Question 3

What is driving?

Answer 3

Driving: Generally, involves control of steering and propulsion of vehicle

Question 4

What is attempting to drive?

Answer 4

Attempting to drive: Simply put, these will be acts that are more than merely preparatory, such as merely opening the car door

Question 5

What is In Charge of?

Answer 5

In charge of:
- Defendant is the owner of vehicle or where they may have recently driven it…
They must show that they were no longer in charge of it and there was no likelihood of them resuming control…
- Where defendant is not the owner or not recently driven vehicle
The Prosecution (us) must show the defendant was in voluntary control or intended to become so in immediate future

Question 6

What is a Mechanically Propelled Vehicle?

Answer 6

It is any vehicle which is propelled by means of an engine (‘mechanically propelled’). It can be powered by:
S steam
E electricity
P petrol
D diesel
O oil
G gas

Question 7

What is a Motor Vehicle?

Answer 7

Motor Vehicles are “mechanically propelled vehicles intended or adapted for use on a road” – sec 185 (1)(c) Road Traffic Act 1988.

Question 8

Within Roads Policing, what are the three general areas to consider?

Answer 8

1. The Driver
2. The Vehicle
3. The Drivers Use of the vehicle

Question 9

What are the two main offences relating to registration marks?

Answer 9

S42 Vehicle Excise and Registration Act 1994:
No registration mark fixed on the vehicle
(Being driven – Driver offends Not driven – Keeper offends)
S43 Vehicle Excise and registration Act 1994:
Registration not fixed in accordance with regulations
(Obscured, rendered or allowed to become not easily distinguishable)

Question 10

What is a driving licence under Section 87 Road Traffic Act 1988?

Answer 10

Section 87 Road Traffic Act 1988
• Every person driving a motor vehicle on a road must have a driving licence for that class of vehicle.
If issued by the Driver & Vehicle Licensing Agency (DVLA)
it can be either a:
Full Licence (this allows a person, in most cases, to drive without restriction)
or
A Provisional Licence Enables a person to learn to drive whilst observing restrictions (Reg 16 Motor Vehicles (Driving Licences) Regulations 1999):
• He or she must be supervised by a qualified driver (for that class of vehicle) who is present in the vehicle.
• The vehicle must display ‘L’ plates front and rear
• The vehicle cannot be used to draw a trailer.

Question 11

What is the driving licence offence under Section 87(1) Road Traffic Act 1988?

Answer 11

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
(includes failure to observe provisional licence restrictions).

Question 12

How to read a driving licence number?

Answer 12

MORGA 753116 SM9IJ 35
To read group the characters 5 - 6 – 5 - 2
The first five letters of the licence holder’s surname (any gaps filled with number 9. FOX would become FOX99) - MORGA
The first and last numbers of the second group are the holder’s year of birth (in this case d.o.b is 11.3.76) - 76
The second and third numbers are the month of birth (But if driver is female add 5 to first of the two digits) - 53
The fourth and fifth numbers are the day in the month - 11
The first two initials of the holder’s first names (plus a 9) - SM
The last two letters are randomly generated as a security measure - IJ
The last two digits are the licence issue number - 35.

Question 13

What is Vehicle Insurance under Section 143(1)(a) Road Traffic Act 1988?

Answer 13

Section 143(1)(a) 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 as complies with the requirements of this Part of this Act.

Question 14

What is Vehicle MOT Test Certificates under Section 47 Road Traffic Act 1988?

Answer 14

Section 47 Road Traffic Act 1988
Covers the requirement for certain vehicles to be tested annually to ensure they comply with specific safety requirements.
• Three years after the date of First Registration, Private Motorcars, Small Goods Vehicles, Motorcycles, Mopeds, Dual Purpose Vehicles (vans etc), Motor Caravans.
• One year after the date of First Registration Motor Vehicles with more than eight seats, Taxis, Ambulances, Large Goods Vehicles.

Question 15

What is Vehicle Test Certificate Offence under Section 47 Road Traffic Offence?

Answer 15

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.

Question 16

What is Section 103 of the Road Traffic Act 1988 (Driving Whilst Disqualified)?

Answer 16

A person who whilst disqualified from holding or obtaining a licence obtains a licence or drives a motor vehicle on a road.
Triable summarily 6 months imprisonment and/or fine
A person is only classed as ‘disqualified’ under this Act if they are told they are disqualified by a court. Other types of disqualification (e.g. by reason of age) are
covered under different legislation.

Question 17

What is a Disqualification?

Answer 17

Most disqualifications imposed by the court under Road Traffic Offenders Act 1988:
Under the ‘totting up’ procedure (penalty points)
❖ 12 points in any three year period or
❖ 6 points within the first two years if a new driver
The Criminal Courts (Sentencing) Act 2000 makes provision for a court to disqualify any person guilty of ANY criminal offence punishable on indictment by 2 years imprisonment or any offence involving an assault if a motor vehicle was used to commit that offence.

Question 18

What is Use Cause or Permit?

Answer 18

In circumstances where a vehicle is used on a road with a defect, more than one person may commit an offence. All people who are potentially responsible for an offence should be reported. These circumstances are referred to as Use, Cause or Permit.
USE
Using needs to involve an element of controlling, managing or operating the vehicle.
• The driver ALWAYS uses
• Anyone getting any benefit ALWAYS uses
• This is an absolute offence
The owner of the vehicle can use if:
• They are being carried in or on it
• It is being used in the course of their own business
• If the vehicle is being used in a joint enterprise
CAUSE
Causing can only be carried out by someone who is in a position of authority.
• Orders another to use the vehicle
• NOT an absolute offence
• It must be proved that the person causing was aware or should have been aware of the defect/offence and was aware of the vehicle’s use on a road.
PERMIT
Permit is carried out by someone who allows another person to use the vehicle.
• Permits another to use the vehicle
• NOT an absolute offence
• It must be proved that the person permitting was aware or should have been aware of the defect/offence and was aware of the vehicle’s use on a road.

Question 19

What is Aid and Abet?

Answer 19

Aiding or Abetting is carried out by someone with knowledge of the facts of the offence which has been committed
• Somehow assisted in the commission of the offence
• NOT an absolute offence
• Had a duty to act
• It must be proved that the person aiding and abetting was aware or should have been aware of the defect/offence and was aware of the vehicle’s use on a road.

Question 20

What are the police powers for stopping vehicles?

Answer 20

Police Powers - To Stop or Direct Vehicles
• S35 Road Traffic Act 1988 – Drivers to comply with traffic directions.
• S4(1) Police and Criminal Evidence Act 1984 – Road Checks (Authorised by superintendent or above)
• S163 Road Traffic Act 1988 – Power to stop any MPV

Question 21

What is Section 163 Road Traffic Act 1988?

Answer 21

A person driving a mechanically propelled vehicle or a person riding a cycle on a road must stop the vehicle on being required to do so by a constable in uniform.

If a person fails to comply with this section he is guilty of an offence.

Question 22

What are the occasions when drivers/riders do not stop when requested to do so?

Answer 22

• Failing to stop for a constable in uniform is an offence under section 163(3) of the Road Traffic Act 1988
• Also, to be considered are the occasions when drivers/riders fail to stop when requested and subsequently enter a house or other premise
• Remember, in these cases constables have a power under section 17(1) (c) of the Police and Criminal Evidence Act 1984, to enter the premises to arrest the person

Worthy of note:
The failure to stop must be for an officer in uniform whilst the above power of entry is available to
any officer, uniform or not, and not necessarily the officer for whom the driver failed to stop.

Question 23

What is Section 164 & 165 of the Road Traffic Act 1988?

Answer 23

Give us the powers to require the production of :
• a driving licence and state date of birth in certain cases (Section 164)
• Insurance/MOT and state name and address (Section 165) …. from the drivers of motor vehicles on a road or (in the case of an accident) pubic place

Note – it is not an offence to not carry these documents whilst driving (who does? Do you?), but it IS an offence not to be able to produce them when required to do so by a constable in uniform.

Question 24

What is the 12 Step process for production of documents?

Answer 24

Let’s have a look at the process: Stop the vehicle safely (using your power under S163) and introduce yourself:
1. Request relevant documentation from the driver (power under S164 and 165)
2. If unable to produce…offence committed of failing to produce each document (begin ROS model)
3. Point out and explain the offence(s) CAUTION + 3
4. Reassure the driver that you may be able to complete some online checks that, if successful and
reveal that the required documents do in fact exist, will negate the need for further formal action
5. Obtain details of the driver and satisfy yourself they are correct
6. PNC checks on the driver obtaining their and the driving licence status
7. PNC checks on the vehicle re ownership, Insurance, MOT and tax.
8. If necessary utilise the services of the Motor Insurers Bureau to confirm insurance details
9. If all documents are in order thanks driver for their cooperation
10. Alternatively, if there are issues with documentation (expired insurance/MOT for instance) report driver on summons for offences disclosed
11. Give NOW caution
12. Throughout the encounter, record any significant statements

Question 25

What is the 6 step H0/RT/1 Procedure? (Producer)

Answer 25

If documents not produced by the driver at the roadside and online checks are not available complete the form including:

1. Ask driver to nominate police station of their choice to produce
2. Remind them of their obligation to produce within 7 clear days (commencing midnight that night)(as per S164(8))
3. Must produce their own licence, however ANYONE can produce the insurance certificate or MOT certificate on their behalf
4. Provisionally report driver for offences of failing to produce documents or alternatively not actually having them at all and NOW caution
5. Issue driver with their copy of the form
6. Throughout the encounter, record any significant statements.

Question 26

Power to seize vehicles are derived from a range of legislation and can be used for a variety of situations and reasons, for example:

Answer 26

• Using/keeping a motor vehicle on a road without insurance
• Driving a motor vehicle on a road other than in accordance with a valid driving licence
• Driving an MPV on a road or public place without due care and attention
• Broken down and / or stolen and abandoned vehicle

Question 27

What is Section 99 Road Traffic Regulations Act 1984?

Answer 27

Authorises a Constable to require the removal of vehicles which are:
➢On a road or land contravening prohibition or restriction.
➢In such a position, condition, or circumstances as to cause an obstruction to other users, or likely to cause danger.
➢In a position, condition, or circumstances as it appears to be abandoned.
➢Broken down

Question 28

What is Section 59 Police Reform Act 2002?

Answer 28

➢Being driven inconsiderately or carelessly on a road or other public place.
➢A warning should be given in the first instance (using an ADM 171 form) which is then placed on PNC
➢The warning applies to both the driver AND the vehicle and lasts for 12 months
➢The warning transfers to the new owner if a vehicle is sold/transferred.
➢An ADM 172 should be issued for a second offence and the vehicle seized.
➢There is a power of entry to any premises (not for PCSO’s unless accompanied by a Police Officer) (other than a private dwelling) where RGB exist that the motor vehicle is present

Question 29

What is Section 165A & B Road Traffic Act 1988?

Answer 29

Provides a power to a Police Officer in uniform to seize a Motor Vehicle If any of the following 3 conditions are satisfied: Condition 1:
A constable in uniform requires a person to produce his Driving licence and if the person fails to produce it and the constable has reasonable grounds for believing that a motor vehicle was being driven by that person without a Valid driving licence for that class of vehicle. (No driving licence)
Condition 2:
A constable in uniform requires a person to produce evidence that a motor vehicle is not being driven without a valid insurance certificate and if the person fails to produce such evidence and the constable has reasonable grounds for believing that a motor vehicle was being so driven without insurance. (No valid Insurance)
Condition 3:
A constable in uniform requires a person driving a motor vehicle to STOP and if the vehicle Fails to stop or stop long enough for an officer to make enquiries, they consider appropriate and the constable has reasonable grounds for believing that a motor vehicle was being so driven without Insurance or a valid Driving Licence. If the constable is unable to seize the vehicle immediately, he/she may seize the vehicle if at any time within 24 hours (from the original incident) the vehicle is located and the original condition in question is not satisfied (failure to stop and no valid licence / not insured).
Section 165A & B Road Traffic Act 1988: Recovery should be recorded on a GEN40 form

Question 30

What is Section 2 of the Road Traffic Act 1988? (Dangerous Driving)

Answer 30

A person
who drives a mechanically propelled vehicle
dangerously
on a road or other public place
is guilty of an offence.
A person is to be regarded as driving dangerously if (and only if) their
manner of driving falls FAR below what would be expected of a careful and competent driver.

i.e. It would be obvious to a competent and careful driver that driving in that way would be dangerous.

Question 31

What is Section 3 of the Road Traffic Act 1988? (Careless and Inconsiderate Driving)

Answer 31

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 public place
he is guilty of an offence.

A person is to be regarded as driving without due care and attention if (and only if) the way they drive falls below what would be expected of a careful and competent driver.

Question 32

What is Section 89 Road Traffic Regulation Act 1984: Exceeding the speed limit?

Answer 32

If a person drives a motor vehicle on a road at a speed exceeding a limit imposed by or under any enactment, they commit an offence.

Question 33

What is Section 36(1) Road Traffic Act 1988 states: Traffic Signs?

Answer 33

Where a traffic sign of the prescribed
size, colour and type
Has been placed lawfully on or near a road
A person driving or propelling a vehicle
who fails to comply with the indication given by the sign is guilty of an offence.

Question 34

What is Section 14(3) of the Road Traffic Act 1988 Seat Belts?

Answer 34

A person aged 14 or over who
drives in a motor vehicle
rides in a front seat of a motor vehicle or
rides in a rear seat of a motor car or passenger car
whilst not wearing a seat belt
• Broadly speaking adults and children 14 years and over, must wear seat belt whilst travelling in either front or rear (where seatbelts are fitted).
• National Seat Belt Course (Your Belt-Your Life Course) Retrain offenders who risk their lives by not wearing a seatbelt

Question 35

What was the exemptions of wearing a seat belt?

Answer 35

• On medical grounds
• Whilst conducting a reversing manoeuvre
• Delivery drivers travelling less than 50m between deliveries
• Hackney Carriage drivers or passengers
• Private Hire drivers whilst carrying fare paying passengers
• Side facing seats, typically found in campervans, with or without seat belts, are not illegal, because seat belts are not designed to be used with such seats. Persons so seated are exempt wearing of seat belts
• Police for a policing purpose

Question 36

What is Mobile Telephones & Other Communication Devices Offences under Regulation 110 of the Road Vehicles (Construction & Use) Regulations 1986?

Answer 36

“No person shall drive, or cause or permit any other person to drive a motor vehicle on a road while they are using a hand-held mobile telephone or a hand-held device”

R v Barreto below states we must show the mobile phone was commutating data, not enough to evidence ‘hand held’ alone. E.g. texting, speaking, sending or receiving photos or video (Endorsable fixed penalty)

Question 37

What are the defences for using a Mobile phone or other communication device?

Answer 37

Defences are where the defendant is:
• Calling the emergency services (police, fire or ambulance) on 112 or 999
• Responding to a genuine emergency and it is unsafe or impracticable for him to cease driving in order to make the call or, in the case of the provisional licence holder, to cease driving while the call is being made.

Question 38

What is Section 16 Road Traffic Act 1988? (Motorcycles)

Answer 38

It is an offence for a person to drive or ride a motor cycle without wearing protective headgear