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DHEP Introduction To Core Policing Practice > Lecture 24 Roads Policing Day 2 > Flashcards

Lecture 24 Roads Policing Day 2 Flashcards

1
Q

What is Section 22A of the Road Traffic Act 1988, Causing danger to road users?

A

A person is guilty of an offence if he intentionally and without lawful authority or reasonable cause—
• (a)causes anything to be on or over a road, or
• (b)interferes with a motor vehicle, trailer or cycle, or
• (c)interferes (directly or indirectly) with traffic equipment,
in such circumstances that it would be obvious to a reasonable person that to do so would be dangerous.

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2
Q

What is Section 25 of the Road Traffic Act 1988?

A

If while a motor vehicle is on a road or on a parking place provided by a local authority a person
• gets on to a vehicle or
• tampers with the brake or other part of its mechanism without lawful authority or reasonable cause.

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3
Q

What is Section 26 of the Road Traffic Act 1988?

A

A person commits an offence if he takes or retains hold of, or gets on to a motor vehicle or trailer while in motion on a road.

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4
Q

What is Reg 74 Road Vehicles (Construction and Use) Regulations 1986?

A

A police constable in uniform is hereby empowered to test and inspect the brakes, silencers, steering gear and tyres of any vehicle, on any premises where that vehicle is located.

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5
Q

What is Section 67 of the Road Traffic Act 1988?

A

An authorised examiner may test a motor vehicle on a road for the purpose of ascertaining whether it complies with:
(i) the construction and use requirements, and
(ii) the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person
(iii) bringing to the notice of the driver any failure to comply with those requirements.
S67(2)
The officer may require the driver to comply with their reasonable instructions, and drive the vehicle
S67(3)
A police officer in uniform may require a motor vehicle to stop for the purposes of carrying out a roadside test. S67 Authorises an examiner to conduct roadside tests of
• Brakes
• Silencer
• Steering gear
• Tyres
• Emissions of smoke or fumes
• Lighting equipment and reflectors
• Noise
Failing to comply with the requirements of this section or obstructing an examiner is an offence.

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6
Q

A vehicle examiners power to prohibit driving of unfit vehicles?

A

If it appears to a vehicle examiner that owing to any defects in the vehicle it is, or is likely to become, unfit for service, he may prohibit the driving of the vehicle on a road—
• (a)absolutely, or
• (b)for one or more specified purposes, or
• (c)except for one or more specified purposes.

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7
Q

What is Section 40A of the Road Traffic Act 1988, Using a motor vehicle or trailer in a dangerous condition?

A

A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when:

a. the condition of the motor vehicle or trailer, or of its accessories or equipment, or
b. the purpose for which it is used, or
c. the number of passengers carried by it, or the manner in which they are carried, or
d. the weight, position or distribution of its load, or the manner in which it is secured, is such that the use of the motor vehicle or trailer involves a danger of injury to any person.

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8
Q

Prevalent offences relating to the construction and general condition of vehicles
Reg 27 Road Vehicle (Con & Use) Regs 1986 – Defective tyres, including:

A
  • Be compatible with the other tyres on the vehicle
  • Not have any bulges, lumps or tears caused by a partial failure of the structure
  • Tread depth
  • Inflated below a suitable level for use of vehicle
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9
Q

Prevalent offences relating to the construction and general condition of vehicles
Reg 48 Road Vehicle (Con & Use) Regs 1986 – Faulty seatbelts, including:

A
  • Must be anchored securely and the anchor points are only used for seatbelts
  • Adjusting device must be properly maintained
  • Buckle and buckle points maintained properly
  • Webbing free from cuts and frays
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10
Q

Prevalent offences relating to the construction and general condition of vehicles
Reg 54 - 61 Road Vehicle (Con & Use) Regs 1986 Defective silencer and exhaust systems, including:

A
  • Must be maintained to allow exhaust gases to pass through the silencer before reaching the atmosphere
  • Must not be altered to increase the noise made by the escape of gases
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11
Q

Prevalent offences relating to the construction and general condition of vehicles
Reg 34 Road Vehicle (Con & Use) Regs 1986
Faulty windscreen wipers and washer fluid levels, including:

A
  • Wipers must clear the windscreen to afford an adequate view of the road in front and at the sides
  • Washers must properly adjusted and washer fluid in the reservoir.
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12
Q

Prevalent offences relating to the construction and general condition of vehicles
Reg 23 Road Vehicle Lighting Regulations 1989
Maintenance of lamps, reflectors, rear markings and devices

A

• Use, or cause or permit to be used, on a road a vehicle unless every lamp, reflector, rear marking and device is in good working order and, in the case of a lamp, clean.

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13
Q

What are the hours of darkness?

A

From half an hour after sunset to half an hour before sunrise

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14
Q

Prevalent offences relating to the construction and general condition of vehicles
Misuse of lights: Road Vehicle (Lighting) regulations 1989

A
  • Use any lights in a way which would dazzle or cause discomfort to other road users (pedestrians, cyclists and horse rider inc)
  • Use front or rear fog lights unless visibility is seriously reduced (Typically thick fog/falling snow when visibility less than 100m)
  • Use hazard warning lights while driving or being towed unless on a motorway or unrestricted dual carriageway and there is a need to warn drivers behind of a hazard or obstruction ahead.
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15
Q

What are the 8 disposal options?

A
  1. Summons
  2. Fixed penalty
  3. Notice of Intended Prosecution (NIP)
  4. Graduated Fixed Penalty
  5. Roadside Deposit Scheme
  6. Vehicle Defect Rectification Scheme (VDRS)
  7. National Driver Offender Retraining Scheme (NDORS)
  8. Verbal Warning
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16
Q

What is a verbal warning?

A

For minor offences an officer may deem it appropriate to provide an offender with advice and a verbal warning.
In the context of a roads-related offence, minor means that one or more of the following must be met:
• When there is no danger to another person
• No other party is involved
• It is at a time when there is little traffic on the road
(You do have discretion as to when to use a verbal warning – NDM applies).

17
Q

What is National Driver Offender Retraining Scheme (NDORS)?

A
  • National Driver Alertness Course (NDAC) – For offenders involved in a minor collision
  • RIDE (Rider Intervention Developing Exercise) – For motorcyclists who commit minor offences
  • NSAC (National Speed Awareness Course)
  • ‘Your Belt – Your Life’ - For people who fail to wear a seatbelt
  • ‘Driving 4 Change’ – For drivers committing minor offences relating to standards of driving
  • ‘What’s Driving Us’ – For drivers who commit deliberate low-level offences (e.g. driving without due care & attention) who have not been involved in a collision.
18
Q

What is National Driver Offender Retraining Scheme?

A

In deciding whether to offer a course, the following criteria must be applied:
• There must be a realistic prospect of conviction for the offence alleged;
• There should be no other offences to be prosecuted e.g. no insurance;
• A course cannot be offered within 3 years of any previous offence that has been dealt with by a similar NPCC/NDORS accredited national course;
• Driver must be the holder of a current driving licence or possess a certificate of competence to drive or ride.
To confirm the acceptance of a driver onto a course, the following conditions must be met:
• The driver must be prepared to pay the course fee. (the subsequent default of a payment will constitute a failure to complete the course);
• The driver must agree to complete the course in accordance with the conditions set by the provider of their choice. He/she must also permit their details to be kept on the DORS database and retained for the specified periods as declared in the offer letter.

19
Q

What is The Vehicle Defect Rectification Scheme (VDRS)?

A

Encourages higher standards of road safety through an improvement in the standard of motor vehicles travelling on the road
The advantages in using this scheme are:
• Defects on vehicles are rectified and are no longer a threat
• Motorists are afforded the opportunity to avoid prosecution and a financial penalty, leading to improved relations between the police and motorists
The scheme applies to the following classes of vehicle:
• Motor cars
• Motor cycles (including scooters and mopeds)
• Small goods vehicles not exceeding 3.5 tonnes

The scheme (utilises the HORT/1 form:
• is voluntary, (although if they decline other options are available!!)
• allows a motorist to elect to have a fault or defect on their vehicle rectified,
• as result of which the motorist avoids prosecution
The person:
• is issued with a form outlining the fault or defect;
• has the fault rectified as soon as is practicable, either by repairing it themselves or taking it to a garage of their choice,
• attends at a vehicle testing station where their vehicle is examined, and the form endorsed if the rectification is satisfactory, and
• returns the completed form to the appropriate police department (the Central Ticket Office) within 14 days - Then no further action taken

20
Q

What is Notice of Intended Prosecution (NIP)

Section 1 of the Road Traffic Offenders Act 1988?

A

provides that a defendant cannot be convicted of certain road traffic offences unless he or she has been warned that the question of prosecution would be taken into consideration.
‘You will be reported for consideration of the question of prosecuting you for [state offence]’
[This comes at the end of ROS process]
Such a warning is normally known as ‘Notice of Intended Prosecution’, or NIP.

21
Q

How can a Notice of Intended Prosecution be given?

A

A notice of intended prosecution can be given:
• Either orally or in writing at the time the offence was committed
• By serving the defendant with a summons within 14 days of the offence; or
• By sending a notice within 14 days to the driver, registered keeper of the vehicle or rider of the cycle.

22
Q

Notice of Intended Prosecution (NIP)
The offences to which section 1 Road Traffic Offenders Act applies are listed in schedule 1 of that Act. They are, under the Road Traffic Act:

A

• Section 2 (dangerous driving)
• Section 3 (careless driving/driving without reasonable consideration)
• Section 22 (leaving the vehicle in a dangerous position)
• Section 28 (dangerous cycling)
• Section 29 (careless cycling)
• Sections 35 and 36 (disobeying certain traffic signs and police signals)
And under the Road Traffic Regulation Act:
• Sections 16, 17(4), 88(7) and 89(1) (speeding offences)
Or aiding and abetting any of the above.

23
Q

What are the two kinds of Fixed Penalty Notice?

A

Endorseable Fixed Penalty Notice
These deal with more serious offences for which penalty points (3 or more) may be awarded and endorsed on the offender’s licence. These include:
• Using a mobile phone while driving
• Failing to conform to a stop sign
• Contravening a red traffic light
• Parking in the controlled zone of a pedestrian crossing
• Exceeding the speed limit
• Having defective tyres
There are many more offences covered by this procedure.

Non-endorsable Fixed Penalty Notice
In general terms, non-endorsable fixed penalty
notices (NEFPN) are used for road traffic
offences of a minor nature, including:
• Parking, waiting or obstruction offences
• Contravention of certain traffic signs such as ‘no waiting’ and ‘give way’
• Failing to wear a seat belt
• Vehicle lighting offences e.g. defective headlights.

24
Q

What is a Traffic Offence Report?

A

The TOR is a method of reporting a set of circumstances (which amount to an alleged offence) so that a decision can be made as to the disposal.
There are normally three outcomes:
• Attendance on an educational driving course (NDORS)
• A conditional offer of a fixed penalty notice
• Prosecution of the offender at court (a Summons)
YOU DON’T MAKE THE DECISION! (CTO - Central Ticket Office does)
Video playlist - Traffic Sgt -TOR explanation

Traffic Offence Reports
If the offence has been seen, but you’re not in a position to stop the vehicle:
• Obtain the VRM of the offending vehicle
• Send RT59 (S172 notice) and written NIP to registered keeper of vehicle to give details of driver
• Upon receipt of the completed RT59, submit the TOR and RT59 to the CTO who will process accordingly.

25
Q

What is a Road Traffic Accident Section 170(1) Road Traffic Act?

A
  • Owing to the presence
  • of a Mechanically Propelled Vehicle
  • On a Road or Other Public Place
  • An accident occurs by which
  • Personal Injury is caused to a person (other than the driver of that MPV)
  • Or damage is caused to:
  • A vehicle (other than that MPV or trailer drawn by it), or
  • An animal (other than in or on that MPV or trailer drawn by it), or
  • Any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road or other public place in question is situated, or land adjacent to such land.
26
Q

What are the Driver Obligations Section 170 (2) Road Traffic Act?

A

If a vehicle is involved in a Road Traffic Accident, the driver of that vehicle must:
STOP
And if required to do so by any person having reasonable grounds for requiring it, give:
1. Their name and address
2. Owner’s name and address
3. Identification marks of the vehicle

27
Q

What is Section 170 (3) Road Traffic Act?

A

If for any reason, the driver of an MPV does not leave their name and address, they MUST report the accident

28
Q

What is Section 170 (5) Road Traffic Act 1988?

A

When there is personal injury
• If for any reason the driver of a Motor Vehicle does not at the time of the accident, produce a Certificate of Insurance or security, or other evidence of Third Party Risk, to a Constable or to some person who, having reasonable grounds for so doing, has required him to produce it –
• the driver MUST report the accident
• and produce such a certificate or other evidence.

Driver Obligations
To comply with a duty under this section to report an accident or to produce such a certificate of insurance the driver—
(a)must do so at a police station or to a constable,
and
(b)must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.

29
Q

What is personal injury?

A
  • Injury will include any actual bodily harm but can also extend to nervous shock (if treated)
  • Remember, if only the driver themselves are injured, the provisions of the Act do not apply
  • They DO apply if it’s a passenger in the offending vehicle that’s injured
30
Q

What are animals?

A
  • H - Horse
  • M - Mule
  • S - Sheep
  • PIG- Pig
  • B - Bovine
  • A - Ass
  • G - Goat
  • DOG – Dog
31
Q

What is ace card?

A

A- Approach
C- Caution Signs
E- Examine the scene

C- Casualties
A- Ambulance, Fire & Rescue, Others
R- Remove obstructions
D- Detailed Investigation

32
Q

What are Reportable and non-reportable accidents?

A

Road Traffic accidents are generally referred to as being either ‘reportable’ or ‘non-reportable’. In simple terms this means:
• Non-reportable - if damage is only caused to the vehicle being driven or injury is caused only to the person driving this vehicle or a nonspecified animal, e.g. a cat.
• Reportable - If there is damage to another vehicle, damage to property or injury to anyone else.

33
Q

Whats SYP Policy on recording RTC’S?

A
  • Non-injury RTCs where both parties have exchanged details are not recorded by SYP
  • All reports of injury RTCs (where injury is to someone other than the driver) are attended or recorded (if reported after the fact say at a police station with as soon as is practicable or in any case within 24 hours)
  • The decision to fully investigate and/or prosecute is carried out on a case by case basis by both the police and CPS.
34
Q

Whats Stats 19?

A
  • Data which has to be collected by a Police Officer when an injury road accident is reported to them
  • The STATS19 reports are analysed nationally by reference to a great variety of characteristics and attendant circumstances and the results are used extensively for research work and for guidance in the improvement of road safety in relation to roads, road users, vehicles and traffic movement
  • The data also forms the basis for annual statistics on road accidents and casualties published by DfT
  • Local authorities also publish similar statistics

DHEP Introduction To Core Policing Practice (34 decks)

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