Road Traffic Flashcards
What is a public road?
A road which a roads authority has a duty to maintain.
What is a road?
Anyway (other than a water way) over which there is a public right of passage (by whatever means) and whether subject to a toll or not and includes
The roads verges and any bridges (whether permanent or tempory) over which or tunnel through which,
The road passes and any reference to a road includes parts thereof.
What is a mechanically propelled vehicle?
Includes powered by propulsion, internal combustion, steam or electricity.
A motor car with no engine
A broken down motor vehicle that could be repaired
A towed vehicle which could not be driven
Go karts, grass cutters, tank etc
What is a motor vehicle?
A mechanically propelled vehicle
Intended or adapted
For use on the roads.
intended - cars, vans, lorries
Adapted - wasn’t intended by the manufacturer for use on the road but an individual adapts it so that it can be registered.
Are mini motos, quads and go peds MV or MPV?
MV
Although not intended for use on the road and have not been adapted for use on the road the are classed as MV therefore subject to the same requirements - license, insurance, road tax etc
Definition of driving
A person is held to be driving when they have control of the speed and direction of the vehicle.
What are some examples of driving?
- normal driving
- being towed but on a slack rope where you can still steer and brake
- pushing a car and jumping in as it gathers speed even although the engine doesn’t work.
What are the different parties in relation to insurance?
1st - company
2nd - user of the motor vehicle
3rd - person injured or whos property is damaged
Legal requirement is a minimum of 3rd party cover.
Section 143 RTA 1998 - insurance
Creates an offence for any person to -
- Use, cause, or permit the use of a motor vehicle
- on a road or other public place
- without a policy of insurance covering 3rd party
Section 144A RTA 1988 - keeper of no insurance
The registered keepers of a vehicle commits and offence if-
- the vehicle is not insured, even if it is not being used on roads or public places.
If the vehicle is not SORN then it needs to be insured.
Exemptions to a vehicle not being insured include…
1) vehicles owned by the crown
2) local authority vehicles
3) police authority vehicles
4) vehicles owned by a person who has deposited £500,000 with the supreme court
5) a vehicle driven for police purposes by or under direction of a constable.
Section 143 RTA 1988 - statutory defences for person with no insurance
1) the vehicle did not belong to the driver AND
2) the vehicle was not hired to the driver AND
3) the vehicle was being driven by them in the course of their employment AND
4) the person neither knew nor had reason to believe that there was no insurance cover.
Section 165 RTA 1988 - production of insurance certificate
As a police officer you have the power to require the production of a certificate of insurance from any person who -
1) is driving a motor vehicle on a road OR
2) you have reasonable cause to believe to have been the driver of a MV at the time of an accident occurring owing to its presence on the road OR other public place OR
3) you have reasonable cause to believe to have committed an offence in relation to the use of a MV on a road.
HORT1 procedure and production of documents
It is an offence for a person lawfully required to produce their driving documents to fail to produce.
Issue a HORT1 which requires a person to produce their documents to to a police station within 7 days.
- insurance doesn’t need to be in person
- test certificate doesn’t need to be in person
- driving license MUST be produced in person.
When must a motor vehicle have a DOT?
The years after first REGISTRATION
Who carries out a DOT?
1) owner arranges
2) authorised vehicle tester carries out test at authorised test station
3) is the authorised vehicle tester is satisfied the condition they will pass a DOT test certificate.
What vehicles require testing?
Motor cars
Motor cycles
Goods vehicles NOT EXCEEDING 3500kg gross weight
All new cars require a test 3 years after first date of registration.
If a vehicle has been used on a road prior to registration then it will be 3 years from the manufacturing date. This doesnt apply to -
If a vehicle is used before it is sold or supplied by retail
Cars imported into the country eg importing a 2 year old car would still require a test when it is 3 years old.
What are the exemptions for vehicles requiring a DOT?
Vehicles travelling to or from a pre-arranged test
After a test, taking a vehicle to a place for repair
Vehicles seized by official bodies
Police vehicles
Foreign vehicles used temporarily in the uk.
Sec 165 RTA 1988 - production of a test certificate
May require a person to produce a VALID test certificate under terms of the act if the person -
Is driving a motor vehicle on a road.
Suspected of having committed a motoring offence on a road.
Suspected of driving a motor vehicle on a road or other public place, when it was involved in a crash.
Offence - for a person to fail to produce a valid test cert when required to do so, unless the cert was produced in accordance with the following
1) Produce within 7 days HORT1 OR
2) it was produced as soon as was reasonably practicable.
Other test certificate offences include
Cause or permit someone to drive a vehicle without a valid test being in force.
- charge both the owner and the driver if they are not the same person
- although an employee driving on behalf of an employer generally just charge the employer.
Who issues a drivers license?
Secretary of state
Through the DVLA
Sec 87 RTA 1988 - license
Offence for any person to
- drive, cause or permit another person to drive
- any class of vehicle on a road
- otherwise than in accordance with a license authorising them to drive a motor vehicle of that class.
How long is a drivers license valid?
Until age of 70.
ANDER852189L99ZS
- first 5 letters of surname
- split the year of birth
- in between insert month/date (change 0 to 5 if its female)
- initials for 2 letters (9 if no middle name)
- followed by a 9
- followed by 2 random letters.
What are the 4 formats of drivers license at the moment?
Green
Pink - introduced jan 1986
Pink and green - introduce 1990
Photocard
What information can you find on a drivers license?
D.e.n.t.e.d
D - driver number E - endorsements N - name and address of holder T - type of license E - entitlements D - date issue/expiry.
What is a moped?
Does not exceed 50cc AND
Speed does not exceed 30mph
Provisional moped license
Min age - 16
Apply for a provisional license and sit CBT
Must display L plates
No pillion passengers
FULL Min age 16 Certificate of completion Disregard L plates Carry pillion passengers Provision motorcycle license if 17 or older
What is a motor cycle?
A mechanically propelled vehicle (not an invalid carriage) with less than 4 wheels and not exceeding 410kg
Provisional motorcycle license requirements
Minimum age 17 Under go CBT Display L plates No pillion passengers Cant go on the motorway Take and pass test to gain full license within 2 years of issue of provisional
Full motorcycle license means that
Minimum age 19 Motorcycle is restricted for 2 years L plates disregarded Can carry pillion passengers Full moped entitlement is given After 2 years can ride unrestricted motorcycles
Motor car license requirements
Provisional Holder must be 17 L plates displayed No trailer can be drawn Driver supervising must be 21 and have a full license for 3 years Cant drive on a motorway
When you pass issued a certificate of competence - valid for 2 years - submitted to DVLA to gain full license.
If you have a full car license what else does this cover?
Full moped entitlement (CBT required)
Provisional motorcycle entitlement.
Section 164 of the RTA requires that a person produces their drivers license in the following circumstamces..
1) Driving a MV on a road
2) When suspected of committing a motoring offence (inc cause and permit)
3) whens suspected of driving a MV on a road involving an accident
4) if supervising a provisional in all of the above
They must provide either
- their license OR
- receipt of licence
Section 103 RTA. Creates an offence in relation to disqualification
Offence for a person to
- obtain a license
- or drive a motor vehicle on a road
- whilst disqualified.
What is the power of arrest when a constable reasonably suspects a person driving a motor vehicle on a road who they have reasonable cause to suspect of being disqualified?
Unconditional
Non uk residents can drive in the uk as long as…
They drive a vehicle that they have an entitlement to drive
Visitors dont exceed 185 days per year
What is a public road?
Any road which a roads authority has a duty to maintain
When a person is selling a vehicle what do bath parties need to complete?
1) PREVIOUS keeper fills new keepers details and sends to DVLA
2) both new and old owner sign declaration
3) if selling to a motor trader the owner must complete the relevant section and send to DVLA
What are the uses of ANPR?
Intercepts people who are driving without documentation
Creates intelligence of people moving within the UK
What are Q plates?
- When a vehicle is temporarily brought to this country and its registration plate is not roman numerals
- also issued to vehicles whos registration plate is unknown
Excise license offences - sec 29 & 33
29 creates an offence for any person to keep or use a vehicle without license
33 crates an offence for any person to use or keep a vehicle, on a public road, whilst failing to display valid excise license.
What are the stipulations for displaying a registration and excise license?
1) fixed to nearside of vehicle
2) can be read clearly in daylight from nearside of the road
3) must be suitably protected from weather
4) on or adjacent to window screen
5) motor cycles nearside in front of drivers seat
When can a traders license be used?
1) connection with traders buisiness
2) used on road but not kept on road
3) delivering a vehicle (most direct route)
4) to demonstrate vehicles
5) to test vehicles
Section 1 - RTA - death by dangerous driving
An offence for any person to cause death of a person by driving a mechanically propelled vehicle dangerously on a road or other public place.
PROSECUTION MUST PROVE
There was dangerous driving AND
The dangerous driving caused the death of atleast one person
Section 2 - RTA - dangerous driving
Any person to drive a MPV on a road or other public place dangerously.
If a competent and careful driver would consider
- driving falls below their standard AND
- would consider driving to be dangerous OR
- the current state of the vehicle being driven was dangerous
DANGEROUS - danger of either
1) serious damage to property or 2) injury to person
Death by dangerous driving - dangerous driving OR accident resulting from dangerous driving causes victims death
Sec 3 - RTA - careless driving
Any person to drive a MPV 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.
- without due care and attention (falling asleep at the wheel)
- without reasonable consideration for other people using the road or public place. (Driving slowly on narrow roads not letting others pass)
Sec 3A - RTA - death by careless driving whilst under the influence of drink or drugs
Driving a MPV on a road or public place without due care and attention or reasonable consideration of others and
1) unfit to drive through drink or drugs
2) consumed so much alcohol that the proportion in breath, blood or urine exceeds prescribed limits
3) he is within 18 hours after, required to provide a specimen in relation to sec 7 but with reasonable excuse fails
4) he is required by a constable to give permission for a lab test of specimen blood under sec 7A but without reasonable excuse fails to do so.
What is the power of arrest for section 2 and section 3 RTA?
Conditional
- a constable may arrest a driver who WITHIN VIEW commits these offences unless they either..
Give their name and address OR
Produce their drivers license
What is the power of arrest for section 1, 2B, 3A and 3ZB RTA?
(Sections for death)
Silent
If its in the interest of justice to do so
Section 28 - dangerous cycling creates an offence for -
Any person to ride a cycle on a road dangerously.
A person is regarded to be cycling dangerously only if -
Their riding falls below what would be expected of a competent and careful cyclist AND
It would be obvious to a competent and careful cyclist that riding in that manner would be dangerous.
Section 172 RTA
Requirement to tell you the driver of the vehicle
Used to corroborate if only one person has witnessed an offence
Dont caution at common law
Notebook Who carried it out Who corroberated Reply Persons details Vehicle details Time of sec 172 requirement
Warning of intended prosecution means?
Certain sections of the act state that you are required to give the offender a notice of prosecution.
-At the time of offence
If offence detected at specific date, time, locus you could give notice there and then
-by service within 14 days
Certain offences wont be detected immediately eg speed camera - fiscal can send the registered keeper a notice of intended prosecution within 14 days
-Copy complaint served on accused
Police report compiled, copy of complaint prepared and sent to accused within 14 days. (Normally a custody)
No warning - if the accused cannot be traced within 14 days the prosecution must prove it was due to one of the following
All enquiries were made but failed
The accused attributed to the failure , false details.
Who is an authorised examiner?
A vehicle examiner authorised by secretary of state through dept of transport
A constable authorised in writing by chief constable
A civilian mechanic authorised by local police authority
What are common tyre offences?
U.n.c.l.e
U - unsuitable N - not so inflated C - cut L - lump, bulge, tear E - exposed ply or cord
What depth should the tread be on a tyre?
Minimum 1.6mm continuous band in the central 3/4 on the tyre
When are day time hours and darkness hours?
Day time - 30 mins before sunrise/30 mins after sunset
Darkness - 30 mins after sunset/30 mins before sunrise
Define section 5 RTA 1988
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 a quantity
- that the proportion of alcohol in their breath blood or urine
- exceeds the prescribed limit
Section 6 RTA 1988 - requirement to provide a breath specimen
A CONSTABLE IN UNIFORM may require a person who has been -
- driving, attempting to drive or in charge of a motor vehicle 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
1) the person has alcohol in their body
2) they have committed a moving road traffic offence
3) the person was involved in a road traffic crash (NO UNIFORM required)
Failure to do so without reasonable excuse is an offence under sec 6
What are your powers to enter premises under section 6?
Lord advocates guidelines -
A constable has reason to believe that a suspect is within the premises they may enter the premises by FORCE if necessary in order to OBTAIN and PRESERVE evidence if it is in the interest of public justice to do so but also in the following circumstances -
1) in vase involving road traffic crash (whether police were in hot pursuit or not)
2) in cases where the person is suspected of committing any drink driving offence , but in the absence of a crash, only if the police are in hot pursuit.
What is the power of arrest for section 6 RTA?
Conditional
A person should only be arrested under the following circumstances
1) they provide a POSITIVE breath test
2) they fail or refuse to supply a breath specimen (but only if a constable believes there is alcohol in body)
If they have been required because of moving road traffic offence/ accident and fail to provide the CAUTION and CHARGE
Prescribed limits of alcohol
Breath. 35 MICROgrammes alcohol in 100ml breath
Blood. 80 MILLIgrammes alcohol in 100ml blood
Urine. 107 MILLIgrammes alcohol in 100ml urine
At the station - If there is between 36 and 39 microgrammes the no further proceedings
If between 40 and 50 microgrammes offer accused to provide blood or urine
Sec 7 RTA - station procedures
2 specimens of normally breath are taken
An offence under sec 7 not to supply
Hospital procedures drink driving
Suspect is the responsibility of the doctor
Define section 4 RTA 1988 - drink/drugs
Creates an offence for any person to -
- Drive, 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 is the difference between section 4 and section 5?
Section 4 the prosecution must prove that they were UNFIT to drive
AND
The impairment was due to drink or drugs
What is section 4 power of arrest?
Unconditional - a constable may arrest anyone that they suspect to have committed an offence under this section
Impairment testing and offences related
A trained officer must carry this out
Offence to refuse to take the test
Conditional lower of arrest - if the person fails or they refuse to take one
What may make someone appear to be unfit due to drink or drugs?
Drink
Drugs
Health conditions
Station procedures for section 4?
Step by step form
Required to provide a specimen of breath, blood or urine
If the only suspicion is drugs then the breath specimen isnt required
Sec 103 - road vehicles act - obstruction
Creates an offence -
- Any person in charge of a motor vehicle or trailer
- to cause or permit to stand on a road
- as to cause unnecessary obstruction on the road
Section 22 - RTA- dangerous parking
Creates an offence for any person
- in charge of a vehicle (MV or MPV) or a trailer drawn by it
- to cause or permit it to stand on a road
- in such a position or condition or in such circumstances
- as to involve danger or injury to other road users
Police powers to remove vehicles - obstruction and dangerous parking
Require the owner, driver or other person in charge of the vehicle or trailer
To move it or cause it to be moved as soon as practicable
If necessary a constable may move the vehicle or arrange for it to be moved.
1) vehicle has broken down
2) been permitted to remain at rest on the road
- in such a position, condition or circumstance
- as to cause obstruction to people using the road
- as to be likely to cause danger to such people
- Or in contravention of a prohibited restriction
Seatbelts sec 14 and 15
- Adult not wearing a seatbelt in any seat - caution and charge
- Child under 12 years and under 135cm must be in suitable car seat/booster - if not caution and charge driver
- exemptions - medical certificate, journey not exceeding 50m, reverse manoeuvre, a person conducting a driving test, a person using the vehicle as police or fire brigade, a license taxi driver, a private hire who has a fare
- passenger 14 or over not wearing - caution and charge them
L.e.t.s b s.a.f.e
Seatbelts
L - l plates
E - emergency vehicle
T - taxi (licensed)
S - steering backwards (reversing)
B- belts not available
S- show medical exemption certificate
A - a journey not exceeding 50m
F - fault, mechanical testing
E - endangerment to person conducting driving test
Mobile phones - reg 110 creates an offence
For any person to drive a motor vehicle on a road if they
- are using a handheld telephone, OR
- a handheld device, other than a 2 way radio which preforms an interactive communication function by transmitting and receiving data.
Offence - cause or permit
Offence - when supervising
Exemptions
- emergency call
- acting in response to a genuine emergency AND
- it is unsafe to cease driving to make the call
