Policing the Roads Legislation and Powers Flashcards
Power to Stop Vehicles S.163(1&2) Road Traffic Act 1988 - SUMMARY
A person driving a mechanically propelled vehicle, or
-Riding a pedal cycle
-On a Road
-MUST STOP when required by a Constable IN UNIFORM
Procedure at a Stop
-Safely stop the vehicle
-Consider leaving the vehicle lights on
-Approach from the nearside (where possible)
-Introduce yourself
-Give the reason for the stop
Power to Stop a Vehicle - S.163 Road Traffic Act 1988
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
Production of Driving Licence - S.164 Road Traffic Act 1988
A Constable or Vehicle Examiner may require production of a DRIVING LICENCE from a person they have reasonable cause to believe DACS
DACS
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)
Grounds for Demanding Date of Birth - S.164(2) Road Traffic Act 1988
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.
Production of Insurance/Test Certificate - S.165 Road Traffic Act 1988
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
DAC
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
S.163, S.164, S.165, S.165A Road Traffic Act 1988
S.163 Stop for me
S.164 Tell me more
S.165 Documents to drive
S.165A Take it away
Power to Seize Vehicles S.165A Road Traffic Act 1988
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.
Removal of Vehicles - Section 99 Road Traffic Regulation Act 1984
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.
Controlling and Regulating Vehicular Traffic - S.35 Road Traffic Act 1988
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)
Direction to Pedestrians - S.37 Road Traffic Act 1988
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.
Insurance - S.143 Road Traffic Act 1988
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.
No Insurance Penalty
-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.