Policing the Roads Legislation and Powers Flashcards

1
Q

Power to Stop Vehicles S.163(1&2) Road Traffic Act 1988 - SUMMARY

A

A person driving a mechanically propelled vehicle, or
-Riding a pedal cycle
-On a Road
-MUST STOP when required by a Constable IN UNIFORM

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2
Q

Procedure at a Stop

A

-Safely stop the vehicle
-Consider leaving the vehicle lights on
-Approach from the nearside (where possible)
-Introduce yourself
-Give the reason for the stop

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3
Q

Power to Stop a Vehicle - S.163 Road Traffic Act 1988

A

Allows a constable in uniform or a traffic officer to stop a mechanically propelled vehicle being driven, or a cycle being ridden on a road

163(1) A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a constable in uniform or a traffic officer

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4
Q

Production of Driving Licence - S.164 Road Traffic Act 1988

A

A Constable or Vehicle Examiner may require production of a DRIVING LICENCE from a person they have reasonable cause to believe DACS

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5
Q

DACS

A

D - To be driving a motor vehicle on a road
A - Has been driving a motor vehicle when an accident occurred owing to its presence on a road
C - Have COMMITTED AN OFFENCE in relation to use of a motor vehicle on a road
S - To be supervising the holder of a provisional licence driving on a road

(Allows name, address, date of issue and issuing authority to be ascertained)

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6
Q

Grounds for Demanding Date of Birth - S.164(2) Road Traffic Act 1988

A

If a person fails to produce his licence forthwith; or
-The driver number has been altered, removed or defaced or
-The person is supervising a provisional licence holder and the Constable has reason to suspect he is under 21 or;
-The Constable as reason to suspect the licence was not granted to him was granted in error, or contains an alteration made with intent to deceive.

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7
Q

Production of Insurance/Test Certificate - S.165 Road Traffic Act 1988

A

A Constable or Vehicle Examiner may require production of the relevant:
-Certificate of Insurance
-Certificate of Security or (e,g, MOT) Test Certificate
If required from a person they have reasonable cause to believe DAC

1 - Must on being so required by a constable or vehicle examiner, give his name and address and the name and address of the owner of the vehicle and produce the above documents for examination, namely insurance and MOT. DEFENCE IS PROVIDED WITHIN 7 DAYS

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8
Q

DAC

A

D - Be DRIVING a motor vehicle on a road (other than an invalid carriage)
A - Have been driving a motor vehicle when an ACCIDENT occurred owing to its presence on a road or public place
C - Have COMMITTED AN OFFENCE in relation to use of a motor vehicle on a road

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9
Q

S.163, S.164, S.165, S.165A Road Traffic Act 1988

A

S.163 Stop for me
S.164 Tell me more
S.165 Documents to drive
S.165A Take it away

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10
Q

Power to Seize Vehicles S.165A Road Traffic Act 1988

A

This is a power for constables to immediately seize vehicles that are being driven by uninsured drivers or drivers who do not have a valid licence.

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11
Q

Removal of Vehicles - Section 99 Road Traffic Regulation Act 1984

A

S.99(1) Removal of vehicles which have been permitted to remain at rest:
(a) On a road or other land in contravention of any statutory prohibition or restriction, or
(b) On a road or other land in such a position or in such a condition or in such circumstances to cause obstruction to other persons using the road or land concerned or as to be likely to cause danger to such persons, or
(c) On a road, or other land in such a position or in such condition or in such circumstances as to appear, to an authority empowered by the regulation to remove such vehicles, to have been abandoned without lawful authority.

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12
Q

Controlling and Regulating Vehicular Traffic - S.35 Road Traffic Act 1988

A

Where a constable or traffic officer is for the time being engaged in the regulation of traffic in a road, a person driving or propelling a vehicle who neglects or refuses:
a) To stop the vehicle, or
b) To make it proceed in, or keep to, a particular line of traffic
When directed to do so by the constable in the execution of his/her duty or the traffic officer (as the case may be) is guilty of an offence

(Summary Only)

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13
Q

Direction to Pedestrians - S.37 Road Traffic Act 1988

A

Where a Constable in uniform or Traffic Officer is for the time being engaged in the regulation of traffic in a road, a person on foot who proceeds across or along the carriageway in contravention of a direction to stop given by a Constable in the execution of his uty or the Traffic Officer (as the case may be), either to persons on foot or to persons on foot and other traffic, is guilty of an offence.

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14
Q

Insurance - S.143 Road Traffic Act 1988

A

Any person who:
-Uses
-Causes
-Permits
A motor vehicle on a road or public place with there not being in place a policy of insurance.

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15
Q

No Insurance Penalty

A

-Fixed Penalty Fine of £300 (Non-Court Disposal)
-6 Points on your licence (Not-Court Disposal) (Obligatory)

If the case goes to court (driver pleads not guilty when offered an out of court disposal)
-Unlimited Fine
-Disqualified Driving (Discretionary) &/or 6 Points on your licence.

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16
Q

Insurance Offences Defences - S.143(3) Road Traffic Act 1988

A

A person may have a defence to not having a valid policy of insurance if;
-The vehicle did not belong to him/and was not being hired or loaned to him
-He was using the vehicle in the course of his employment
-He neither new or had any reason to believe that there was not in force… such a policy of insurance.

17
Q

Minimum Information Required on Insurance Documents

A

-Vehicle description and identification: Number Plate
-Name of the holder of the policy
-The start and end date of the cover for the vehicle as detailed
-Drivers permitted to drive on this policy
-The limiations of it’s use - “Social Domestic Pleasure” and/or “Business Use” for example

18
Q

VSN

A

Vehicle Seizure Notice must be issued when seizing vehicles for no insurance or licence to the driver at the roadside at the time.

If the driver is not the owner, the officer must also post a Vehicle Seizure Letter (VSL) to the Registered Keeper, in addition to issuing a VSN to the driver.

19
Q

Seizure or Recovery?

A

A seizure is the removal of a motor vehicle by a RECOVERY OPERATOR under police powers which can IN CERTAIN CIRCUMSTANCES be released back to the registered owner provided various condition have been met.
A recovery is the removal of a motor vehicle by the RECOVERY OPERATOR under police powers which at ANY POINT can be released back to the driver/registered owner without further police authorisation.

20
Q

MOT’s New Testing Standards 2018

A

New Defect Types added
Stricter emission rules for diesel cars
Exemption of vehicles over 40 years of age

21
Q

MOT’S Legislation - S.47 Road Traffic Act 1988

A

Obligatory Test Certificates - a person who uses on a road at any time, or causes or permits to be so used, a motor vehicle with no test certificate within an appropriate time period is guilty of an offence.

22
Q

MOT’S Who does it apply to?

A

After 1 year from date of registration
-Passenger Vehicles with more than 8 seats
-Ambulance
-Taxi
After 3 years from date of registration
-Goods Vans
-Cars and Motorbikes

23
Q

Defences for not having current MOT

A

-On your way to a pre-booked MOT appointment
-Traveling to a place of repair following a failure
-You are towing it to a yard to be scrapped
-You are the examiner of the vehicle and are driving it as part of the examination