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19. Road and Traffic Policing > Offences Relating to Standards of Driving > Flashcards

Offences Relating to Standards of Driving Flashcards

1
Q

What are the main offences relating to standards of driving in the Road Traffic Act 1988?

A

s 1: Causing death by dangerous driving.

s 1A: Causing serious injury by dangerous driving.

s 2: Dangerous driving.

s 2B: Causing death by careless or inconsiderate driving.

s 3: Careless or inconsiderate driving

s 3ZB: Causing death by driving whilst unlicensed, disqualified, or uninsured.

s 3A: Causing the death of another person whilst under the influence of drink or drugs.

s 29: Careless or inconsiderate cycling.

s 34: Driving elsewhere than on a road.

s 35 of the Offences Against the Person Act 1861: Wanton and furious driving

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2
Q

What are the two main causes of dangerous driving?

A

The driver’s manner and actions during driving and the conditions of the vehicle.

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3
Q

Section 2A(1) states that a person is to be regarded as driving dangerously if…

A

(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.

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4
Q

What are examples of driving activities which may support an allegation of an offence under Section 2A(1)?

A
  • Racing or competitive driving style
  • Driving at an inappropriate speed for conditions
  • Aggressive driving (e.g cutting up traffic, sudden lane changes).
  • Disregard for traffic lights and signs.
  • Overtaking in unsafe circumstances.
  • Impaired driving ability (e.g tiredness, broken leg).
  • Using a mobile phone
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5
Q

What is the dangerous condition of a vehicle judged by?

A

s 2A(2)

Judged from the perspective of a ‘competent and careful driver if it would be obvious…that driving the vehicle in its current state would be dangerous.’

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6
Q

What is the penalty the main offences relating to standards of driving in the Road Traffic Act 1988?

A

Section 2A

The penalty is a fine or imprisonment (6 months if tried summarily and two years on indictment).

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7
Q

Legislation covering careless or inconsiderate driving is covered where?

A

s 3 of the Road Traffic Act 1988.

An offence is committed by a person who drives a mechanically propelled vehicle on a road or other public place without due care or attention or without reasonable consideration for other persons using the road or public place.

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8
Q

What is careless driving defined as?

A

s 3ZA(2)

When the standard of driving falls below what would be expected of a competent and careful driver.

e.g drivers who fail to look behind when reversing.

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9
Q

For inconsiderate driving, another person must be inconvenienced by the suspect’s driving. This would include:

A
  • Cutting across the path of another vehicle.
  • Cutting in at the front , after passing a long line of traffic.
  • Causing traffic problems by failing to conform to directional arrows.
  • Forcing other drivers to take evasive action by failing to drive correctly.
  • Deliberately performing skids at high speed or making ‘handbreak turns’.
  • Driving on footpaths or off-road.
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10
Q

Can drivers be charged for careless AND inconsiderate driving?

Charges?

A

No- only one or the other.

They are both summary offences, and the penalty is
- A fine, an endorsement and discretionary disqualification.

Or

  • A £100 FPN and three penalty points.
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11
Q

What are the various defences to dangerous, careless or inconsiderate driving?

A
  • Automatism
  • Unconsciousness or sudden illness
  • Assisting in the arrest of offenders
  • Duress by threats
  • Duress of necessity
  • Sudden mechanical defect
  • Authorised motoring event
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12
Q

There are various defences to dangerous, careless or inconsiderate driving

What is automatism?

A

‘The involuntary movement of a person’s body or limbs’.

Must occur very suddenly with little or no warning (e.g epileptic fit or wasp sting).

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13
Q

There are various defences to dangerous, careless or inconsiderate driving

Unconsciousness or sudden illness

A

Would include situations where a person suddenly becomes unconscious as a result of circumstances beyond his/her control, e.g being hit on the head by a stone through windscreen.

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14
Q

There are various defences to dangerous, careless or inconsiderate driving

Assisting in the arrest of offenders

A

May have a defence if he/she intentionally shunted a suspect’s car off the road in order to help the police arrest the suspect.

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15
Q

There are various defences to dangerous, careless or inconsiderate driving

Duress by threats

A

The suspect must be able to show that they drove dangerously due to a threat (that they could not otherwise avoid/ escape).

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16
Q

There are various defences to dangerous, careless or inconsiderate driving

Duress of necessity

A

Suspect must be able to show that he/she had to drive dangerously to avoid death or serious injury (to any person) and that it was not reasonable to act otherwise in the circumstances.

17
Q

There are various defences to dangerous, careless or inconsiderate driving

Sudden mechanical defect

A

This does not apply if the driver is already aware of the defect or it could have been easily discovered by superficial examination, e.g tyres.

18
Q

There are various defences to dangerous, careless or inconsiderate driving

Authorised motoring event

A

A person will not be guilty under s 1, 2 or 3 of the Road Traffic Act if he/she drove in accordance with an authorisation for a motoring event given by the Secretary of State (s 13(A)).

19
Q

What does Section 35 of the Offences Against the Person Act 1861 state?

A

That it is an offence for anyone ‘having the charge of any carriage or vehicle…[to cause] or cause to be done bodily harm to any person’ by wanton or furious driving, racing, other wilful misconduct, or wilful neglect.

This could be used when the Road Traffic Act 1988 does not cover the circumstances.

20
Q

When can an offence under s 35 of the Offences Against the Person Act 1861 only be committed?

A

If the driver has a degree of subjective recklessness: he/she must appreciate that harm was possible or probable as a result of the driving.

21
Q

s 35 of the Offences Against the Person Act 1861

Offence for anyone ‘having the charge of any carriage or vehicle…[to cause] or cause to be done bodily harm to any person’ by wanton or furious driving, racing, other wilful misconduct, or wilful neglect.

Penalties?

A

Triable by indictment only and the penalty is two years imprisonment.

Disqualification is discretionary, although endorsement (three to nine points) is obligatory if the offence was committed by a mechanically propelled vehicle.

22
Q

Riding a cycle carelessly, inconsiderately or dangerously on a road is an offence under what legislation?

A

This can be riding ‘without due care and attention, reasonable consideration for other persons using the road’ (s 29), or riding dangerously (s 28(1)).

These offences are triable summarily and the penalty is a fine.

23
Q

Causing death by driving.

Offences are all under the Road Traffic Act 1988 and are categorised by the type of driving that caused the death. It is not relevant whether the person who died was in the suspect’s vehicle at the time of the incident.

The offences are as follows:

A

s 1: Causing death by dangerous driving

s 2B: Causing death by careless or inconsiderate driving

s 3A: Causing death by careless or inconsiderate driving whilst under the influence of drink or drugs

s 3ZB: Causing death by driving whilst unlicensed or uninsured

s 3ZC: Causing death by driving whilst disqualified

24
Q

What must there be evidence for an offence under an s 3A offence?

A

Evidence of carless or inconsiderate driving whilst under the influence of drink or drugs.

The driver can be unfit through drink or drugs (s 4).

Over the prescribed limit (s 5 or 5A)

Or have refused to produce a specimen (s 7) within 18 hours of the driving or refused to be laboratory tested (s 7A(6)).

25
Q

Section of the Road Traffic Act: s 1

Type of vehicle…

The location…

Mode of trial…

Minimum mandatory disqualification…

Endorsement…

Retaking driving test…

Maximum custodial penalty…

A

Type of vehicle: Any mechanically propelled vehicle

The location: On a road or other public place

Mode of trial: Indictment only

Minimum mandatory disqualification: Two years

Endorsement: Obligatory

Retaking driving test: Compulsory and extended

Maximum custodial penalty: 14 years

26
Q

Section of the Road Traffic Act: s 2B

Type of vehicle…

The location…

Mode of trial…

Minimum mandatory disqualification…

Endorsement…

Retaking driving test…

Maximum custodial penalty…

A

Type of vehicle: Any mechanically propelled vehicle

The location: On a road or other public place

Mode of trial: Either way

Minimum mandatory disqualification: One year

Endorsement: Obligatory 3-11 points

Retaking driving test: Discretionary

Maximum custodial penalty: 6 months summarily, 5 years on indictment

27
Q

Section of the Road Traffic Act: s 3A

Type of vehicle…

The location…

Mode of trial…

Minimum mandatory disqualification…

Endorsement…

Retaking driving test…

Maximum custodial penalty…

A

Type of vehicle: Mechanically propelled vehicle if unfit to drive (otherwise motor vehicle)

The location: On a road or other public place

Mode of trial: Indictment only

Minimum mandatory disqualification: Two years

Endorsement: Obligatory

Retaking driving test: Depends on alcohol/ drug level

Maximum custodial penalty: 14 years

28
Q

Section of the Road Traffic Act: s 3ZB

Type of vehicle…

The location…

Mode of trial…

Minimum mandatory disqualification…

Endorsement…

Retaking driving test…

Maximum custodial penalty…

A

Type of vehicle: Motor vehicle

The location: On a road

Mode of trial: Either way

Minimum mandatory disqualification: One year

Endorsement: Obligatory 3-11 points

Retaking driving test: Discretionary

Maximum custodial penalty: 6 months summarily, 5 years on indictment

29
Q

Section of the Road Traffic Act: s 3ZC

Type of vehicle…

The location…

Mode of trial…

Minimum mandatory disqualification…

Endorsement…

Retaking driving test…

Maximum custodial penalty…

A

Type of vehicle: Motor vehicle

The location: On a road

Mode of trial: Indictment only

Minimum mandatory disqualification: Two years

Endorsement: Obligatory

Retaking driving test: Compulsory and extended

Maximum custodial penalty: 10 years

30
Q

Causing serious injury by driving (physical harm tat amounts to GBH).

What are the two specific circumstances?

A
  1. When a mechanically propelled vehicle is driven dangerously on a road or other public place (s 1A).
    - Penalty is a fine or imprisonment (12 months if tried summarily and 5 years on indictment).
  2. When a motor vehicle is driven on a road by a disqualified driver and the driving has contributed in some way to the collision (s 3ZD).
    - Penalty is a fine or imprisonment (6 months if tried summarily and 4 years on indictment).

Both offences carry an obligatory disqualification and 3-11 penalty points on conviction.

31
Q

Other offences involving standards of driving…

List some from the Road Vehicles (Construction and Use Regulations) 1996:

Regulation 104

A

Driving (or causing/ permitting any other person to drive) a motor vehicle on a road if the driver is in such a position in the vehicle that he/ she cannot have proper control of the vehicle or have a full view of the road and traffic ahead.

Penalty is an obligatory endorsement (3 points) and a discretionary disqualification or a fixed penalty.

32
Q

Other offences involving standards of driving…

List some from the Road Vehicles (Construction and Use Regulations) 1996:

Regulation 105

A

Opening a vehicle door on a road (or causing or permitting it to be opened) and injuring or endangering any person (child unlikely to count).

Maximum penalty is £1,000 fine or a fixed penalty.

33
Q

Other offences involving standards of driving…

List some from the Road Vehicles (Construction and Use Regulations) 1996:

Regulation 109

A

Driving a motor vehicle on a road if the driver is in such a position as to be able to see directly or by reflection a TV or similar apparatus (not sat navs etc).

34
Q

Other offences involving standards of driving…

List some from the Road Vehicles (Construction and Use Regulations) 1996:

Regulation 110

A

Driving a motor vehicle on a road while using a hand-held phone or a similar device. Can be committed by anyone supervising a driver with a provisional licence.

Penalty is an obligatory endorsement (3 points), a discretionary disqualification and a fine. Alternatively an FPN can be issued.

35
Q

The law surrounding ‘off-road’ driving is covered where?

This states than offence is committed by a person who:

Penalties?

A

s 34 of the Road Traffic Act 1988.

…without lawful authority drives a mechanically propelled vehicle:

(a) On to or upon any common land, moorland or land of any other description, not being land forming part of a road, or
(b) On any road being a footpath, bridleway or restricted byway.

This is a summary offence, and the penalty is a fine.

19. Road and Traffic Policing (11 decks)

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