Lesson 7.1 Common road policing offences PART 1 Flashcards
What is the offence of causing an obstruction?
Regulation 103 Road vehicles (construction and use) regulations 1986 creates an offence for:-
- any person in charge of a motor vehicle or trailer
- to cause of permit it to stand on a road
- so as to cause any unnecessary obstruction of the road
What is the offence of dangerous parking
s22 RTA
any person in charge of a vehicle, or a trailer drawn by it:-
- to cause or permit to stand on a road
- in such a position or condition or in such circumstances
- as to involve danger of injury to other road users
E.g. parking on a pavement, double parking, parking on blind corners and at road junctions.
You may find it difficult to to distinguish between this and obstruction.
What is the difference between obstruction and dangerous parking?
Reg 103 refers to motor vehicles and trailers.
S22 is not limited to vehicles which are mechanically propelled and includes machines or implements which are drawn or propelled along roads, e.g. motor vehicles, horse drawn vehicles, pedestrian controlled vehicles etc.
What are police powers to remove offending vehicles with regard to dangerous parking and obstructions?
Reg 3 and 4 Removal and disposal of vehicles regulations.
Provides the power to require the owner, driver or other person in charge of a vehicle or trailer to move it or cause it to be moved as soon as practicable.
If necessary, a Constable may move the vehicle or arrange for it to be moved.
These powers are available to a constable in a range of situations and are particularly relevant when:-
1) a vehicle has broken down; or
2) be permitted by owner to remain at rest on a road:-
- in such a position, condition or in such circumstances as to cause obstruction to people using the road, or
- as to be likely to cause danger to such people; or
- in contravention of a prohibition or restriction
Where can the offence of not wearing a seat belt be found for adults and children.
Section 14 (Adults), Section 15 (children) RTA 1988. Creates an offence to not wear a seat belt for adults and children respectively.
Regulation 5 Motor Vehicles (wearing a seat belt) Regulations 1993 require that…….
FOR ADULTS
- every person driving a motor vehicle (other than a 2 wheeled motor cycle with or without a side car)
- riding in the front or rear seat of a motor vehicle (other than 2 wheeled motor cycle as above)
- shall wear a seat belt
A PERSON AGED 14 OR OVER IS AN ADULT
Exemptions to adults having to wear a seat belt?
1) Medical certificate - detrimental to health
2) Carrying good, where journey does not exceed 50m and the purpose is delivering or collecting goods
3) When doing a manoeuvre, including reversing
4) A qualified driver supervising a provisional licence holder preforming a manoeuvre including reversing.
5) Someone conducting a driving test when wearing a seat belt would endanger him or her or any other person
6) Being used for fire brigade or policing purposes
7) Driver of a licenced taxi while it is being used. And a driver of a private hire vehicle while carrying passengers.
8) Riding in a vehicle used under a trade licence, to investigate or remedy a mechanical fault.
NOTE
If no belt is available you don’t have to wear one. This is in older cars.
What are the laws in relation to children wearing seat belts in the rear?
And the exemptions
Every child being carried in the rear seats of a vehicle is required to wear a rear seat belt.
A small child must also wear a restraint appropriate to their height and weight e.g. booster or child seat.
(Small child under 12 years of age or 135cm)
Exemptions:
1) Licenced taxi or hire car where the rear seats are separated by a fixed partition.
2) Child with a suitable medical certificate
3) A child under 1 in a properly restrained carry cot
4) When a small child is prevented from wearing a seat belt or restraint due to the presence of two other children in child restraints.
5) No seat belt fitted to the rear of the vehicle, and none available in the front.
What are the laws in relation to children wearing seat belts in the front?
And exemptions?
Every child being carried over n the front seat of a vehicle is required to wear a front seat belt. Additionally, it is unlawful to drive a vehicle with a “small child” in the front, unless wearing an appropriate restraint.
Appropriate child restraint is a baby carrier, seat, harness or booster seat appropriate to the child’s weight
For a rear facing child seat the airbag must be deactivated.
Exemptions:
1) A child for whom there is a suitable medical certificate.
What are offences in relation to children wearing seat belts?
A person must not without reasonable excuse, drive a motor vehicle on a road where:-
1) a child under 14 years of age is in the front, unless the child is wearing a seat belt, or appropriate child restraint.
2) a child under 14 years of age is in the rear, unless the child is wearing a sear belt or appropriate child restraint - if the rear seat belt is fitted in the motor vehicle.
Under 14 - charge driver
Over 14 - charge the kid
What are the offences in relation to motor cycles and protective hear gear?
And exemptions
S16 RTA
Creates an offence for a person to drive or ride (other than a sidecar) on a motor cycle on a road without wearing protective headgear.
Exemptions
1) Any follower of the sikh religion while they are wearing a turban.
What is the offence in relation to driving elsewhere other than a road
And when is no offence committed
s34 RTA creates an offence for any person without lawful authority, to drive a mechanically propelled vehicle:-
- On to or upon any common land of any description which does not form part of a road or footpath or bridle way.
No offence committed when:-
- no more than 15 yards from the road and only to park vehicle
- off the road in cases of emergency, saving life or extinguishing fire
What are the offences in relation to mobile telephones?
Regulation 110(1) creates an offence for any person to drive a motor vehicle on a road if he/she is using:-
- hand held mobile phone
- hand held devise, other than a 2 way radio which performs an interactive communication function by transmitting and receiving data
interactive communication means;
- sending or receiving oral or written messages
- sending or receiving facsimile documents
- sending or receiving still or moving images; and
- providing access to the internet
Reg 110(2) creates an offence for any person to cause or permit any person to do this.
Reg 110(3) creates an offence for any person supervising a holder of a provisional licence, while the person is driving - for the supervisor to do so.
What are exemptions for offences related to mobile phones?
- using phone or device to call the police, fire, ambulance or other emergency services on 112 or 999
- they are acting in response to a genuine emergency; and
- It is unsafe or impractical for them to cease driving in order to make the call.
