Legislation - Road Traffic Offences Flashcards
Section 163 of the Road Traffic Act 1988:
(1) A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a constable in uniform or a traffic officer.
(2) A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform or a traffic officer.
(3) If a person fails to comply with this section, he is guilty of an offence.
Section 1 Road Traffic Act 1988: causing 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 guilty of an offence.
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.
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.
Section 2A Road Traffic Act 1988: meaning of dangerous driving
(1) For the purposes of section 1 and 2 above a person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if) -
(a) the way he drives falls far below what would be expected of a competent and careful driver, and
(b) it would be obvious to a competent and careful driver that driving in that way would be dangerous.
(2) A person is also to be regarded as driving dangerously for the purpose of section 1 and 2 above if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.
Section 2B Road Traffic Act 1988: causing 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.
Section 3 Road Traffic Act 1988: Careless or inconsiderate driving
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 place, he is guilty of an offence.
Section 4 Road Traffic Act 1988: Driving or being in charge, when under influence of drink or drugs
(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.
(2) Without prejudice to subsection (1) above, a person who, when in charge of a mechanically propelled vehicle, which is on the road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
Section 5 Road Traffic Act 1988: Driving or being in charge with alcohol concentration above prescribed limit.
If a person -
(a) drives or attempts to drive a motor vehicle on a road or other public place, or
(b) is 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 breath, blood or urine exceeds the prescribed limit he is guilty of an offence.
What is the prescribed limit for alcohol?
- In breath, 35 microgrammes per 100 millilitres of breath.
- In blood, 80 milligrammes per 100 millilitres of blood.
- In urine, 107 milligrammes per 100 millilitres of urine.
Section 5A Road Traffic Act 1988: Driving or being in charge with concentration of specified controlled drug above specific limit.
- This section applies where a person (D) -
(a) drives or attempts to drive a motor vehicle on a road or other public place, or
(b) is in charge of a motor vehicle on a road or other public place, and there is in D’s body a specified controlled drug. - D is guilty of an offence if the proportion of a drug in D’s blood or urine exceeds the specified limit for that drug.
Section 6(6) Road Traffic Act 1988: failing to provide
A person commits an offence if without reasonable excuse he fails to cooperate with a preliminary test in pursuance of a requirement imposed under this section.
Section 165A Road Traffic Act 1988:
If a driver is reported for “driving not in accordance with a driving license” or “driving without a valid third party insurance policy” then the vehicle can be seized under this act.
Section 59 police reform act 2002
If the vehicle is being driven in an antisocial manner or is causing or likely to cause alarm, distress, or annoyance to other people.
Police officers in uniform can:
Require a moving vehicle to stop.
Seize and remove the vehicle, after warning the driver.
Enter a premises (not a dwelling or attached garden or garage)
