Powers Flashcards
Course of action for
Reg 99 of road vehicles construction and use regulations 1986 offence?
Caution and charge.
Offer a fixed penalty.
Power of arrest under S.6 RTA 1988?
Conditional. Only if;
- Provide positive breath test
- They fail or refuse a sample BUT only if constable suspects their body contains alcohol)
They should be arrested using the words “I ARREST YOU”
S.2 and S.3 RTA 1988 has what power of arrest?
Conditional.
A constable may arrest a driver who within their view commits an offence under section 2 or 3 RTA
UNLESS
they give their name and address
OR
produce their driving licence
Power of arrest for S.103 RTA 1988
Arrest without warrant
You suspect a S.4 RTA 1988. The suspect provides a negative test. There are no trained officers to provide impairment tests. What action do you take?
Caution and charge. Arrest saying “I arrest you” and take them to police office
Power of arrest under S1 RTA 1988?
Silent. Arrest if it is in the interests of justice to do so.
When can you arrest someone for committing an offence in contravention of section 3 RTA 1988?
A constable may arrest a driver who within their view commits this offence
Unless they either give their name and address,
Or produce their driving licence
Defence for no insurance
The vehicle did not belong to driver, and was not hired to the driver,
and the vehicle was being driven by them in the course of their employment,
and the person neither knew nor had reason to believe there was no insurance
Police powers under S.163 RTA 1988
As a police officer you have the power to require the production of a certificate of insurance from any person who
- Is driving a vehicle
- You have reasonable cause to believe they have been the driver of a motor vehicle at a time when an accident occurred owing to it’s presence on a road or other public place OR
- You have reasonable cause to believe they have committed an offence in relation to the use of another motor vehicle on a road
S47 of the Road Traffic Act 1988 creates what offence?
S47 of the Road Traffic Act 1988 creates an offence for
Any person to use or cause or permit the use of
a motor vehicle on a road without a valid test certificate
Section 164 of the RTA 1998
As a police officer you have the power to require a person to produce their driving in following circumstances;
- When driving a motor vehicle on a road
- Suspected of having committed a motoring offence
- Suspected of driving a motor vehicle on a road when involved in a road accident
- Supervising a provisional licence holder in any of the above circumstances
Essential Elements of section 1 RTA 1988
> accused was driving a mechanically propelled vehicle on a road or other public place at time
> there was dangerous driving
> the dangerous driving was at least a cause of the death of the person
Power of arrest for S2B RTA 1988?
Silent. Arrest when in the interest of justice to do so.
Power of arrest for S3A RTA 1988?
Silent. Arrest when in the interest of justice to do so.
Power of arrest for S3BZ RTA 1988?
Silent. Arrest when in the interest of justice to do so.
