PC Week 7 Flashcards
Dangerous driving
Any person who drives a MPV dangerously on a road or other public place
(Far below whats expected of a competent driver)
Careless or inconsiderate driving
Any person who drives a MPV on a road or other public place without due care and attention
(Anything outside of normal driving) (somebody inconveienced)
Drive
Control of steering
In charge of
Position of suspect Position of keys Actions Position of others in/near car Enging heat
Unfit
Suspect ability to drive was for the time being impaired (erratic/unsteady) in a comparison to a reasonable person was far less
Unfit to drive
It is an offence for any person to drive, attempt to drive or be in charge of a MPV on a road or other public place whilst unfit through drink or drugs
Aid and abet
Someone who assists in the commission of an offence is deemed to be aiding and abetting
(Person is aware of the offence, must give assisstance or encouragement)
A public road
Any highway + any other road to which the public has access to including bridges
(Generally maintained by council)
A highway
Allows the passage and re-passage of persons or vehicles including roads, carriageway, bridges and pavements
Driver
Who is in control of steering and propulsion
Engine off, your still the driver
MPV
A vehicle thats constructed so that it can be mechanically propelled (used anywhere)
Powered by: S - steam E - electric P - petrol D - diesel O - oil G - gas
Motor vehicle
Mechanically propelled vehicle intended or adapted for use on the roads (RTA 1988)
Vehicle
Any kind of carriage of conveyance
Bus, car, taxi, bike etc..
Stop if you hit any of these
C - cattle H - horse A - ass M - mule P - pig S - sheep D - dog G - goat
Conveyance
Anything constructed or adapted for the carriage of persons wether by land, water or air
Motorcycle
Is an MPV, not an individual carriage, 3 wheels of less
Side car is part of a motorcycle not a trailer, dont have to wear helmets
Trailer
Vehicle drawn by a motor vehicle
Section 1 - RTA 1988
Causing death by dangerous driving
A person who causes the death of another person by driving a MPV on a ROAD or other PUBLIC place is guilty of an offence
Section 2 - RTA 1988
Dangerous driving
A person who drives a MPV DANGEROUSLY on a ROAD or other PUBLIC PLACE is guilty of an offence
Section 3 - RTA 1988
Careless and inconsiderate driving
If a person drives a MPV 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 - RTA 1988
Under the influence of drink or drugs
Drive, attempt to drive or being in charge of, an MPV on a road or other public place when under the influence of drink or drugs
Section 5 - RTA 1988
OPL:
DRIVES, ATTEMPTS TO DRIVE or BEING IN CHARGE of a MV, 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
Section 6 - RTA 1988 Section 6a Section 6b Section 6c Section 6d Section 6e
6 - Power to administer preliminary tests 6a - preliminary breath test 6b - preliminary impairment test 6c - preliminary drug test 6d - arrest 6e - power of entry
3 questions when taking a breath sample
3 warnings when taking a breath sample
Have you consumed any alcohol in the last 20mins?
Have you used any mouthwash in the last 20mins?
Have you smoked in the last 5mins?
If you refuse to provide a specimen of breath you may be prosecuted
If you fail to provide a specimen breath you may be prosecuted
If you provide a positive specimen of breath you will be arrested
Do you understand?
Over the prescribed limit
It is an offence for any person to drive, attempt to drive or be in charge of a MV on a road or other public place after consuming so much alcohol that the proportion of it in their blood, breath or urine exceeds the prescribed limit
Prescribed limits
Breath - 35micrograms of alcohol per 100millilitres of breath
Blood - 80milligrams of alcohol per 100millilitres of blood
Urine - 107micrograms of alcohol per 100millilitres of urine
Power of police to stop vehicles
Section 163 - RTA 1988
A person driving an MPV (or cycle) on a road must stop the vehicle on being required to do so by a constable in uniform
If a person fails to comply with section he is guilty of an offence
Require production of driving licence
Section 164 - RTA 1988
Seizure if vehicles no insurance/licence
Section 165A - RTA 1988
(a) a constable may
(b) Seize the vehicle
(c) Remove the vehicle
Enter any premises other than a private dwelling house on which the constable has RGB the vehicle to be
Power to require name/address/insurance/test certificate
Section 165 - RTA 1988
Duty of driver to stop and report accident
Section 170 - RTA 1988
A person driving an MPV on a road or other public place an accident occurs
(a) personal injury is caused to a person other than the driver
(b) to an animal other than an animal on that MPV or trailer
(c) to any property constructed on, growing in or otherwise forming part of the land on which the road is situated
Traffic tickets
Police officers IN uniform can issure -
FPN - non-endorsable, everyday use, simple and easy, 28days, payable online, saves costs for police/courts, educational courses
TOR - endorsable, more serious, central processing bureau decide outcome. Eg. Seatbelts, phones
VDRS - ensures a vehicles defects are rectified. Issue form for them to go get it fixed, COB can check after 14days. Report for summons if dont accept
HORT/1 - no ID present, bring to station within 7days
Powers to get a sample
T - traffic O - offence A - accident D - driving (erratic) S - suspect alcohol
Notice of intended prosecutions (NIPS)
Is a notification that a prosecution is being considered against the individual. The summons is a document which summons that person to attend court. (28 days)
D - dangerous/careless driving or cycling
E - excess speed
F - failure to comply with signs/lights
F - failure to comply with officer directions
L - leave in a dangerous position
A - aid + abet any of the above
Road traffic collision
If owing to the presence of a MPV on a road or other public place a collision occurs, whereby oersonal injury is caused to a person other than the driver of that MPV
OR damage is caused to another vehicle other than that MPV or trailer
OR damage is caused to an animal not in or on that vehicle or trailer
OR damage is cuased to any property/land which the road or other public place is situated, or any adjacent land
Driver number calculations
FAWCE811028RA9VD**
first 5 chatacters of surname - FAWCE first + last number = year of birth - 88 2nd + 3rd = month of birth - 11 4th + 5th = day of birth - 02 *remember 0male, 5female - after 6add 1 so would be 1male, 6female Initials of forenames - RA Computer check digits - VD Last 2 = licence number - **
Goods vehicle
A MV or trailer constructed or adapted for use of the carriage OR haulage of goods OR burden of any description
Invalid carriage
A MPV that has been specifically designed and constructed (not adapted) for the use of someone suffering some physical defect or disability and used solely by that person
Class 2 - cannot be used on road (max 4mph)
Class 3 - used on the roads (max 8mph)
Carriage
- Any means of conveyance
- The conveying of good sor passenges from one place to another
- includes vehicles such as trailers and bicycles (whether ridden or pushed)
A road
Any highway and any other road to which the public has access to, including any bridge over which road passes
Bus and Minibus
Bus -
Cat D licence
8+ passengers upto 300
Minimum age 24
Mini bus - Cat D1 licence Max weigt 3.5tonnes Min 4, max 8 Minimum age 21 Minimum length 8metres
Disqualified driving
Section 103(1)(b) - RTA 1988
A person shall be guilty of an offence if;
Whilst disqualified from holding or obtaining a licence
- obtains a licence
- drives a MV on a road
5 ways you can you be disqualified?
Penalty points Obligatory - points carried over Discretionary - after a crash Disqualified until passing test Disqualified where driving in a serious crime
Use
Cause
Permit
Use - for their own benefit
Cause - direct instruction to use the MV
Permit - a person gives another person permission to use a MV
Section 1a - RTA 1988
Causing serious injury by dangerous driving
Section 2b - RTA 1988
Causing death by careless or inconsiderate driving
Section 3a - RTA 1988
Causing death by dangerous driving when under the influence of drink or drugs
Section 5a - RTA 1988
Driving or being in charge of a MV with concentration of a specified controlled drug above the specified limit
Section 3Zb - RTA 1988
Causing death by driving, UNLICENCED or UNINSURED
Section 3Zc - RTA 1988
Causing death by driving, DISQUALIFIED driver
Section 3Zd - RTA 1988
Causing serious injury by driving, DISQUALIFIED drivers
Defenses to careless and inconsiderate driving
Automatism - sneeze, bee sting, fox in front of car
Duress - peer pressure, wife giving birth
Event - organised eg. F1
Mechanical defect
Section 170 - RTA 1988
Road traffic collision:
If owing to the presence of a MPV on a road or other public place an accident occurs whereby;
- injury caused to a person other than on that MPV
- damaged caused to another vehicle other than that vehicle
- damaged caused to an animal not in or on that vehicle
- damaged caused to anything else (land/property)
Defence to an RTC?
Didnt realise were involved in an accident (small bump in supermarket)
Section 40a - RTA 1988
Using a MV in a dangerous condition
- condition
- purpose
- no. Of passengers
- manner being carried
- weight/position/distribution
- manner secured
- manufacture
- condition of parts/accessories
Seatbelt exemptions?
- engaged in short distance deliveries (50m)
- whilst reversing
- taxi drivers (carrying a fare)
- fire brigade (in uniform)
- medical exemption certificate (7days production)
- trade licence (investigating/remedying a fault)
- unsuitable fitted belt
- reversing on steep hill
Hours of darkness?
1/2 hour after sunset
1/2 hour before sunrise
Section 87 - RTA 1988
Driving without a licence
It is an offence for a person to drive on a road a MV of any class [otherwise than in accordance with] a licence authorising him to drive a MV of that class
Section 143 - RTA 1988
Driving without insurance
A person must not use a MV on a road [or other public place] without valid car insurance
Section 29 - RTA 1988
Careless and inconsiderate driving
If a person rides a cycle on a road without due care and attention, or without reasonable consideration for other persons using the road, he is guilty of an offence
