Policing the Road - The Fatal Four Flashcards
What are the Fatal Four?
-Inappropriate Speed
-Driver Distractions (Mobile Phones)
-Lack of Seat Belts
-Alcohol or Drug Impairment
What is the speed limit for roads with street lights (not motorways)?
30mph unless signs show otherwise
How is speed limits enforced?
-Road policing patrolling
-Static, Mobile & Handheld
Types of Evidence for speeding
-Automatic detection
-Camera equipment used to record an offending vehicle, its speed (or jumping a red light) and its registration number
-Act allows documentary evidence to be used, reducing prosecution/court time
Mode of trial and penalties for speeding
-Summary only
-Fine (dependent on seriousness)
-Minimum 3 points on licence
Driver Distraction types
-Physical distractions
-Mental distractions
-visual and audio distraction
-dealt with under Careless or Inconsiderate Driving S.3 Road Traffic Act
Improper Use of Mobile Telephones - reg. 110(1&2) Road vehicles (Construction and Use) Regulation 1986
No person shall drive a motor vehicle, nor cause, or permit any other person to drive a motor vehicle, on a road if he is using:
(a) A hand-held mobile telephone or
(b) A hand-held device of a kind specified in paragraph 94)
(Using is anything where you tap/touch the phone basically)
Reg 110(3) Road Vehicles (Construction and Use) Regulations 1986
No person shall supervise a holder of a provisional licence if the person supervising is using:
(a) a hand-held mobile telephone; or
(b) a hand-held device of a kind specified in paragraph (4), at a time when the provisional licence holder is driving a motor vehicle on a road
Improper Use of Mobile Telephones Defences
Driver was making a call to the emergency services on 999 or 112 in response to a genuine emergency and it is unsafe or impracticable for him to cease driving in order to make the call (110 reg (5Aa-c)
Driver was using a mobile telephone or device to perform a remote-controlled parking function of the motor vehicle
Driver is using the mobile telephone or other device to make a contactless payment for goods or services regulation.
Mode of Trial/Penalties for Improper use of mobile phone
-Summary only
-Max £1000 fine (£2500 for lorry/bus)
-Disqualification if passed driving test in last 2 years
-Obligatory endorsement: 6 penalty points
Seatbelts - Adults
Basic rule for Adults, if fitted it must be worn.
Adults - 14 years or over
Must be fitted to vehicles less than 3.5 Tonnes that are: Passenger cars, lights goods vehicles and small buses (8 seats or more in addition to driver)
-Small child (under 12 years and under 135cm) - must use correct child car seat.
-Large child (under 14 who is not a small child. Each must be secured by a child restraint suitable for his/her weight and height or an adult belt)
Seatbelts exemptions - S.14(2b) Road Traffic Act
-Good vehicles on a journey not exceeding a distance of 50 meters to deliver/collect goods
-A person reversing
-Qualified driver supervising a learner reversing
-Licensed taxi drivers plying for hire, answering call for hire or carrying passengers
-Private hire drivers while carrying fare paying passengers
-Fire & rescue authority or police or carrying a person in lawful custody
-Taking part in a crown procession
Mode of Trial/Penalties for Not wearing Seatbelts
Summary only
Max fine of £500
Responsibility for seatbelts
Driver for anyone under 14.
14 and over means they have their own responsibilities.
Careless/Inconsiderate Driving - S.3 Road Traffic Act 1988
If a person drives a mechanically propelled vehicle 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.
Careless/Inconsiderate Driving - S.3(ZA) Road Traffic Act 1988
3ZA(2) A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver
3ZA(3) In determining subsection (2), the person should be expected to be aware or shown to have knowledge of failing to be competent/careful (wording is werid)
3ZA(4) A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving
Careless/Inconsiderate Driving Mode of Trial
-Summary only
-Fine
-Discretionary disqualification
-Obligatory endorsement: 3-9 penalty points
Causing Death by Careless or Inconsiderate Driving - S.3 Road Traffic Act 1988
If a person causes the death of another person by driving a mechanically propelled vehicle 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.
Causing Death by Careless or Inconsiderate Driving Mode of Trial
Either Way offence
5-year imprisonment
Obligatory disqualification
Obligatory endorsement 3-11 points
Dangerous Driving - S.2 Road Traffic Act 1988
If a person drives a mechanically propelled vehicle dangerously on a road or other public place he is guilty of an offence.
‘Dangerously’ S.2A Road Traffic Act 1988
Dangerously driving is falling ‘far below what would be expected of a competent and careful driver. Can be dangerous due to risk of injury to any person or serious damage to property.
Dangerous Driving Mode of Trial
Either Way Offence
Indictment - 2 years imprisonment and/or fine
Obligatory disqualification
Obligatory endorsement 3-11 penalty points
Causing Serious Injury by Dangerous Driving - S.1A Road Traffic Act 1988
A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
Death by Dangerous Driving - S.1 Road Traffic Act 1988
A person who causes the death of another person by Driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence
Death by Dangerous Driving Mode of Trial
Indictment only
14 years
Obligatory disqualification
Obligatory endorsement
Vehicle may also be forfeited
Dangerous/Careless Driving Defences
-Automatism
-Unconsciousness/sudden illness
-Assist in arrest of offenders
-Duress by threats
-Duress of necessity of circumstances
-Sudden mechanical defect
-Authorized motoring event
Other Offences after causing death by dangerous driving
-Driving otherwise than in accordance with a licence (S.87 RTA 1988)
-Using motor vehicle while uninsured or unsecured against third party risks (S.143 RTA 1988)
-Driving while disqualified (S.103 RTA 1988)
Disqualified Drivers- S.3ZD Causing Serious Injury by Driving
A person is guilty of an offence under this section if he or she causes serious injury to another person by driving a motor vehicle on a road, while disqualified from driving.
