Other Offences Relating to Vehicles and Highways Flashcards
It is a summary offence under what legislation for a person without lawful authority to immobilise or move vehicles parked on private land and then ask the drivers to pay a release fee?
s 54(1) of the Protection of Freedoms Act 2012.
s 54(1) of the Protection of Freedoms Act 2012 states that it is a summary offence for a person without lawful authority to…
(a) Immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or
(b) Moves, or restricts the movement of, such a vehicle by any means.
A person guilty of an offence under s 54(1) of the Protection of Freedoms Act 2012 is liable—
(a) On conviction on indictment, to a fine,
(b) On summary conviction, to a fine not exceeding the statutory maximum.
If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to a fine.
What is this legislation?
s 137(1) of the Highways Act 1980
Wilfully obstruct means some kind of deliberate act.
This offence is triable summarily and the penalty is a fine.
What is s 137(1) highways act 1980?
If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to a fine.
This offence is triable summarily and the penalty is a fine.
If a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to involve a danger of injury to other persons using the road, he is guilty of an offence.
What is this legislation?
s 22 of the Road Traffic Act 1988
This offence is triable summarily and the penalty is a fine.
What is s 22 of the Road Traffic Act 1988?
If a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to involve a danger of injury to other persons using the road, he is guilty of an offence.
Lighting fires or letting off firearms near a highway is an offence under what legislation?
s 161 of the Highways Act 1980
This offence is triable summarily and the penalty is a fine.
What does s 161 of the Highways Act 1980 prohibit any person (without lawful authority or excuse) from doing?
(a) Lights any fire on or over a highway which consists of or comprises a carriageway; or
(b) Discharges any firearm or firework within 50 feet of the centre of such a highway,
Interfering with road signs, other traffic equipment, or vehicles may put other road users at risk
What legislation covers law surrounding this?
Section 22A of the Road Traffic Act.
Section 22A of the Road Traffic Act.
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 Section 22A of the Road Traffic Act “traffic equipment” means—
(a) Anything lawfully placed on or near a road by a highway authority;
(b) A traffic sign lawfully placed on or near a road by a person other than a highway authority;
(c) Any fence, barrier or light lawfully placed on or near a road—
(i) In pursuance of section 174 of the Highways Act 1980
(ii) By a constable or a person acting under the instructions (whether general or specific) of a chief officer of police.
This applies only if the activities would be regarded as obviously dangerous to a reasonable person or bystander.
It is an offence under what legislation (in some circumstances) to ‘carry out restricted works on a motor vehicle on a road’?
s 4 of the Clean Neighbourhoods and Environmental Act 2005.
This includes the repair, maintenance, servicing , improving, dismantling, installation, replacement or renewal of a motor vehicle.
Under what circumstances is activities under s 4 of the Clean Neighbourhoods and Environmental Act 2005 not an offence?
If the act gives no reasonable cause for annoyance to persons in the vicinity does not commit as the work is not for gain/ reward/ part of a business.
No offence committed if the work is required after an accident/ breakdown and the repairs were necessary on the spot or carried out within 72 hours.
Skips placed on or near highways can present hazards.
What legislation covers this?
s 139(1) of the Highways Act 1980
Conditions must be in relation to its size, the way it is lit and its position on the road s 139(2) and with permission s 139(3).
These are summary offences and the penalty is a fine.
