Road Policing Flashcards
Motor Vehicle
Means a mechanically propelled vehicle, intended or adapted for use on the roads.
Driving
A person is held to be driving when they have control of the speed and the direction of the vehicle.
Public Road
A road which a roads authority have a duty to maintain.
Road
Any way other than a waterway, over which there is a public right of passage (by whatever means) whether subject to a toll or not and includes the road’s verges and any bridges ( whether temporary or permanent) over whic, or tunnel through which, the road passes and any reference to a road includes parts therof.
Section 143 of the RTA 1988
Creates an offence for any person to use, or cause, or permit the use of a motor vehicle on a road or other public place without a policy of insurance covering third party.
Statutory defence - section 143
1) the vehicle did not belong to the driver, and
2) the vehicle 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 cover.
Section 87 road traffic act
Creates an offence for any person
- to drive, or cause, or permit another person to drive
- any class of motor vehicle on a road
- otherwise in accordance with a licence authorising them to drive a motor vehicle of that class.
Section 47 of the RTA 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.
Exemptions
- vehicles travelling to or from a pre arranged test, must be the most direct route possible
- vehicles moved or seized by official bodies such as customs and excise or police
- police vehicles
- foreign vehicles used temporarily in the U.K.
Section 1 of the RTA 1988
Creates an offence for any person to cause the death of a person by driving a mechanically propelled vehicle dangerously ona road or other public place.
Section 2 of the RTA 1988
Creates an offence for any person to drive a mechanically propelled vehicle on a road or other public place dangerously.
Section 3 of the RTA 1988
Creates an offence for any person to drive a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other people using the road or public place.
Section 5 of the RTA 1988
It is an offence for any person to drive, attempt to drive or be in charge of a motor vehicle on a road or other public place,
- having consumed alcohol in such quantity that the proportion of alcohol in their breath, blood or urine, exceeds the prescribed limit.
Section 4 of the RTA 1988
It is an offence for any person to drive or attempt to drive, or be in charge of a mechanically propelled vehicle on a road or other public place whilst unfit through drink or drugs.
What information must a driver involved in a RTC supply?
S.170(2) RTA 1988 states that a driver of a MPV involved in a reportable RTC must stop and supply the following details if so required by any person having reasonable grounds for requiring them:
- name and address of driver
- vehicle owner’s name and address
- VRM
Define a reportable road crash?
Is when
- there is personal injury to a person other than the driver of vehicle 1
- where damage is caused to another vehicle or trailer drawn by it
- when damage is caused to other property which is on or near the road
- injury is caused to an animal not been carried by vehicle 1.
Section 6 RTA 1988
A constable in uniform may require a person who is or has been:
Driving, attempting to drive or in charge of a m/v on a road or other public place to supply a specimen of breath for a breath test, if the constable has reasonable cause to suspect that:
- the person has alcohol in their body
- the person has committed a moving traffic offence
- the person was involved in a RTC
When can you issue a conditional offer?
Where a constable has reason to believe that a person they find committing or has committed a fixed penalty offence they may hand to that person a conditional offer notice or they may send it to the alleged offender.
Who can you offer an endorsable conditional offer to?
Anyone who
- holds a DVLA driving licence and who is not liable to disqualification under the toting up procedure
- where it is not known whether they hold such a licence or do not have it in their possession it should be assumed they are not the holder of a DVLA licence.
Disqualified drivers
S.103 RTA 1988 creates an offence for any person to hold or obtain a licence or drive a m/v on a road whilst disqualified.
Who can you require to identify the driver of a vehicle?
s172 RTA1988
Provides that a constable may require certain people to supply information as to the identity of the driver/ rider at the time of the offence.
Certain people are
- the vehicle’s registered keeper or owner
- any other person who may have the information
Power of arrest for section 2 and 3 RTA 1988
Conditional power of arrest. A constable may arrest a driver who within their view commits an offence under s.2 or 3 RTA unless - they give their name and address Or - produce their driving licence
Section 27 road vehicle (construction and use) regs
Creates an offence for any person to use or cause or permit to be used a m/v or trailer on a road with any of the following defects:
- tyre is unsuitable for the use to which the vehicle is being put
- tyre is under or over inflated
- tyre has cut deep enough to reach the cord or ply
- tyre has any lump, bulge or tear
- tyre has any portion of ply or cord exposed.
What does the driver need to do to comply with the VDRS scheme?
- have the defect rectified
- present vehicle to a test station to have the form endorsed
- return form or prove m /v destroyed within 21 days.
Excemptions regarding wearing seat belts?
- holder of a medical exemption certificate
- person using a vehicle constructed or adapted to make deliveries or collections not exceeding 50m
- driver is performing a reverse manoeuvre
- person is supervising a provisional driver whilst reversing
- driver of a private hire vehicle whilst carrying passengers for hire
- driver of licensed taxi whilst being used as such
- a person conducting a driving test
- police or fire brigade vehicles.