Policing the Roads Flashcards
Mechanically Propelled Vehicle
SEPDOG –
Steam, Electricity, Petrol, Diesel, Oil & Gas
S1 Road Traffic Act 1988
Death by dangerous driving, falls FAR BELOW expected standard and death is caused
Indictable only
14y
S1A Road Traffic Act 1988
causing serious injury by dangerous driving, falls FAR BELOW expected standard and serious injury is caused
EW
5y
S2 Road Traffic Act 1988
Dangerous driving
“Dangerous” - standard falls FAR below that expected of a careful and competent driver
EW - Max 2y
S3 Road Traffic Act 1988
(careless/inconsiderate driving) Summary Only max level 5 fine - 3 DL points
“Careless” - standard falls BELOW that expected of a careful and competent driver
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 public place he/she is guilty of offence.
S2B Road Traffic 1988
causing death by careless/inconsiderate driving
EW Max 5y
S34(1) Road Traffic Act 1988
Prohibition of driving mechanically propelled vehicles elsewhere than on roads
Without lawful authority a person drives a mechanically propelled vehicle on to or upon any common land, moorland, or land of any other description, not being land forming part of a road or on any road being a footpath, bridleway or restricted byway
S40A Road Traffic Act 1988
Using a vehicle in a dangerous condition
S87 Road Traffic Act 1988
Power to break speed limits in police vehicles
S163 Road Traffic Act 1988
Power to stop vehicle when in uniform (S17 PACE if fail to stop)
Person driving a mechanically propelled (e.g. scooter) vehicle on a road MUST stop the vehicle on being required to do so by a constable in uniform or a traffic officer
If person fails to comply with this then he is guilty of an offence
S164 Road Traffic Act 1988
Power for production of driving licence and date of birth after stop
Person driving a motor vehicle on a road
S165 Road Traffic Act 1988
Power to request production of MOT cert, insurance cert, details of driver, details of owner
S165A Road Traffic Act 1988
Seize vehicles that are driven without a licence/insurance
No documents with me…S164 (8)
– In proceedings against any person for the offence of failing to produce a licence it shall be a defence for him to show that—
within seven days after the production of his licence was required he produced in person* at a police station that was specified by him at the time its production was required
Section 59 Police Reform Act 2002
(Seizure of Vehicles Causing Alarm, Distress or Annoyance - Using a Vehicle that Causes or Likely to Cause Alarm, Distress. Or Annoyance to other People)
Reporting for Summons Procedure TRAFFIC
Point out offence
Notice of intended prosecution (if applicable) “you will be reported for consideration of the question of prosecuting you for…”
Caution “You do not have to say anything, but it may harm your defence if you do not mention NOW something which you later rely on in court, anything you do say may be given in evidence”
Free to leave/ legal advice
Theft of motor vehicle Theft Act 1968
“is the dishonest taking of a car belonging to another with the intention of permanently depriving the owner of the car.”
Sec 12 Theft Act 1968 Taking Without Owner’s Consent (T.W.O.C.)
“A person commits the offence if without having consent of the owner or other lawful authority, takes any conveyance for their or another’s use.”
“Or knowing that any such conveyance has been taken without such authority drives it or allows themselves to be carried in it or on it.”
Section 9 Criminal Attempts Act 1981 Vehicle Interferences Summary Max 3mths
A person is guilty of the offence of vehicle interference if he interferes with a motor vehicle or trailer or with anything carried in or on a motor vehicle or trailer with the intention that he or another will:
•Steal anything in or on the trailer
•Steal the motor vehicle or trailer
•Commit the offence of TWOC
