Lesson 5 - Duty of Drivers to Give Information Flashcards
What is s172 RTA
Where the driver or rider of a vehicle is alleged to have committed a relevant offence, constables authorised by the chief constable in writing, may require certain people to supply information as to the identity of the driver or rider at the time of the offence,
Certain people are:
- Registered owner or keeper
- Any other person who may have information
If you fail to do so you commit an offence.
What is an authorised officer
You must be authorised before doing a 172. This must be in writing by the cheif constable. It must be shown if requested during the 172.
What offences can a 172 be used for?
Culpable homicide by the driver of a motor vehicle
Most offences under the RTA
Offences against any other legislation which related to the use of vehicles on the road.
Practical example of when you would issue a 172
On patrol see a car swerving, you stop it and the driver smells of alcohol. You’re single crewed
Colleague arrives to assist, you should then carry out a 172 requirement. The reason for this is that there is no corroboration for the person being the driver of the car. The reply to section 172 requirement is further evidence to corroborate you as a single eye witness.
What is a statutory defence for a 172?
If they did not know and could not, with reasonable diligence, have found out who the driver or rider was at the material time.
e.g. someone’s car is stolen
What is the procedure of a 172 requirement
Explain the terms of section 172.
Make the requirement
Carefully note in your notebook the precise working of any reply made.
Act states that no particular wording is required for the requirement, but you can use what is said in your aid memoire.
