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legislation and the rest > Road Traffic > Flashcards

Road Traffic Flashcards

1
Q

Section 143 RTA 1988

A

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 risks being enforced.

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2
Q

Section 144A RTA 1988

A

The registered keeper of a vehicle commits an offence if the vehicle is not insured, even if the vehicle is not being used on a road or public place.

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3
Q

What vehicles are exceptions to requiring an insurance policy ?

A
  1. Vehicles owned by the crown
  2. Local authority vehicles
  3. Police Vehicles
  4. vehicles where the owner has deposited £500,000 with the supreme court
  5. A vehicle driven for police purposes by or under the direction of a constable
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4
Q

Section 143 RTA 1988 Statutory defence ?

A

The person charged with driving without insurance will not be convicted if they can prove:

  1. 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 course of their employment and
  4. The person neither knew nor had reason to believe that there was no insurance cover.
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5
Q

Section 165 RTA 1988 gives police officers what power ?

A

Gives the power to require the production of a certificate of insurance and valid test certificate 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 a time when an accident occurred 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.

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6
Q

HO/RT1, what time scale is allowed ?

What documents can be produced and how can they be produced ?

A

Documents produced within 7 days or as soon as reasonably practicable. Produced at specified police station.
Drivers license must be produced in person, Insurance and test certificate can be produced by anyone.

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7
Q

Section 165A RTA 1988

A

Gives police officers power to seize a vehicle if you have reasonable grounds to suspect the driver is committing an offence under sec. 87(1) or sec. 143 or the RTA (no license / no insurance). Removal is not an alternative to prosecution. If sufficient evidence the driver should be cautioned, charged issued a conditional offer, FPN or reported to PF. The vehicle must be driven on the road in order to be seized. Where a vehicle has failed to stop the power to seize may be extended for 24 hours.

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8
Q

Section 47 RTA 1988?

Exemptions to it ?

A

Creates an offence for any person to use, cause or permit the use of a MV on a road without a valid test certificate.

Exemptions:

  1. Vehicles going to and from test centre
  2. Vehicles going to or from place of repair
  3. Police vehicles
  4. Foreign vehicles temporarily in the UK
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9
Q

Section 87 RTA 1988

A

Creates an offence for any person to drive, cause or permit another person to drive any class of motor vehicle on a road otherwise than in accordance with a license authorising them to drive a MV of that class.

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10
Q

Whats displayed on a Drivers license?

A
  1. driver number
  2. Endorsements (paper section)
  3. Name and address of holder
  4. Type of license
  5. Entitlements
  6. date of issue / expiry
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11
Q

Section 164 RTA 1988

A

provides that a constable may require a person to produce their License if they are:

  1. Driving a MV on the road
  2. Suspected of having committed a motoring offence
  3. Suspected of driving a MV on a road when involved in an accident
  4. If supervising a learner in any of the above situations.
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12
Q

Section 103 RTA 1988

A

Creates an offence for any person to obtain a license or drive a MV while disqualified.

Power of arrest - without warrant.

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13
Q

Section 96 RTA 1988

A

Creates an offence for any person to drive a MV on a road with uncorrected eyesight. A constable suspect of believing the above may subject that person to an eyesight test.
The conditions are:
1. conducted in good daylight
2. Glasses are worn if they were at the time of driving
3. New plate distance 20.5m, old plate distance 20m

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14
Q

Section 1 RTA 1988

A

Causing death by dangerous driving.
It is an offence for any person to cause death of another person by driving a MV dangerously on a road or public place.

Essential elements:

  1. The accused was driving the MV
  2. The driving was dangerous
  3. The dangerous driving was at least a cause of death
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15
Q

Section 2 RTA 1988

A

Dangerous driving.
Creates an offence for any person to drive a MV on a road or public place dangerously.

Defined as: if a competent and carefully driver would consider,

  1. That the driving falls bellow their standards and would consider the driving to be dangerous or
  2. That the current state of the vehicle being driven is dangerous
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16
Q

Section 3 RTA 1988

A

Creates an offence for any person to drive a MPV on a road or public place, without due care and attention or reasonable consideration for other road users.

Essential elements:
1. Driving without due care and consideration
e.g. - Falling asleep at the wheel.
Poor judgment of speed and distance.
Poor use of signals and manoeuvring.
  1. Without reasonable consideration for others using the road or public place.
    e.g. - Driving to slow causing congestion.
    Unnecessary driving through puddles to soak people.
    Driving in a way that frightens passengers.
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17
Q

Section 2B RTA 1988

A

Creates an offence for any person to cause death of another person while driving an MPV on a road or public place without due care an attention or reasonable consideration for other persons using the road.

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18
Q

Section 3A RTA 1988

A

Creates an offence for a person to cause the death of another person while driving a MPV on a road or public place without due care and attention or without reasonable consideration for others using the road or public place and:

  • At the time of driving are unfit through drink or drugs, or
  • Has consumed so much alcohol that the proportion of it in their blood, breath or urine exceeds prescribed limits, or
  • Is, within 18 hours after the time, required to provide a specimen under section 7 of this act, but without reasonable excuse fails to provide it, or
  • Fails when required by a constable to give permission for a blood test to be carried out under section 7A of this act.
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19
Q

Section 3ZB RTA 1988

A

Creates an offence for a person to cause the death of another person well driving a MPV on a road or public place and at the time of driving are committing an offence under:

  • Sec 87(1), No license
  • Sec 103(1)(b), Driving whilst disqualified
  • Sec 143, Driving uninsured
20
Q

Section 172 RTA 1988

A

Provides that where the driver of a MPV or Pedal cycle is alleged to have committed a relevant offence. An authorised police officer may require details of the identity of the driver / rider at the rime of the offence. Information required to be supplied:

  • Vehicles registered keeper
  • Any other person who may have the information
21
Q

Notice of intended prosecution

A

Must be issued at the time of any relevant traffic offence. Officer must state
“You will be reported for a consideration of the question of a prosecution under ‘relevant section of offence’”
Followed by a common law caution . This notice must be issued within 14 days unless the suspect cannot be traced, false details have been supplied by the suspect.

22
Q

Section 67 RTA 1988

A

Gives the power to an authorised examiner to examine a vehicle in order to ascertain it is complying with:

  • The construction and used requirements.
  • The condition would not cause danger or injury to any person.
23
Q

Regulation 26 of Road vehicles construction and use regulations 1986

A

Defective tyres: Creates an offence for:

  • Tyres of a different structure (Radial / Cross ply) to be fitted to the same axel.
  • Must not have Cross ply fitted to the rear axel if radial ply are fitted to the front.
24
Q

Regulation 27 of the Road vehicles construction and use regulations 1986

A

A person commits an offence if they use, cause or permit the use of a MV or trailer with any of the following tyre defects:

  • Unsuitable for the vehicle
  • Under or over inflated
  • Cut so deep that cord is exposed his is atlas 25mm or 10% of the width of the tyre (whichever is greatest)
  • Tyre has a lump, bulge or tear
  • Tyre has ply or cord exposed
25
Q

Minimum tread required for a vehicle

A

1.6mm tread continuously around the central 3/4 of the tyres breadth.

26
Q

Regulation 99 of the Road vehicles construction and use regulation 1986

A

Creates an offence for any person to use, cause or permit the use of a vehicles warning instrument if:

  • The vehicle is stationary (unless to warn of an emergency)
  • The vehicle is on a restricted road between the hours of 2330-0700
  • Signal is from an emergency vehicle
27
Q

Regulation 23 of the Road vehicles construction and use regulation 1989

A

Creates an offence to use, cause or permit the use of an MV on a road or public place unless all reflectors and lamps are clean and in working order.

28
Q

Regulation 11 of the Road vehicles construction and use regulation 1989

A 
Creates an offence to use, cause or permit the use of a MPV if the vehicle shows a red light to the front or white light to the rear. 
Exceptions:
-Reversing light
-Reg plate light
-Light from interior lamp
-Emergency vehicles
29
Q

Regulation 25 of the Road vehicles construction and use regulations 1989

A

Creates an offence for any person to use, cause or permit the use of a MV on a road in motion during the hours of darkness or seriously reduced visibility without headlamps being lit.

30
Q

Section 5 RTA 1988

A

Creates an offence for any person to drive, attempt to drive or be in charge of a MV 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 limits.

31
Q

State the prescribed limits of alcohol ?

A

Breath - 22 Micrograms / 100ml of breath
Blood - 50 Milligrams / 100 ml of breath
Urine - 67 Milligrams / 100 ml of breath

32
Q

Section 6 RTA 1988

A

Aconstable in uniform may require a person who has been driving, attempting to drive or in charge or a MV on a road or public place to supply a specimen of breath to test if the constable has reasonable cause to suspect that:
1 - The person has alcohol in their body
2 - The person has committed a moving road traffic offence
3 - the person was involved in a road traffic crash (uniform not required)

33
Q

Section 6(6) RTA 1988

A

Creates an offence to fail to provide a specimen when required to do so without reasonable excuse. If alcohol has been consumed within the last 20 mins then the officer should wait a further 20 mins.

34
Q

Regarding a road traffic offence, when can you enter a premisses?

A

The Lord Advocate states:
If a constable has reason to believe a suspect is within a premise they may enter by force but only in the following circumstances.
- Cases involving a road traffic crash (hot pursuit not necessary)
-Person suspected of committing any drink driving offences, if in the absence of a crash then police must be in hot pursuit to use force for entry.

35
Q

Section 6 RTA 1988 powers of arrest ?

A

Conditional:

  • Person must fail or refuse to provide a specimen after being suspected of consuming alcohol.
  • Person provides a positive breath test.
36
Q

Section 7 RTA 1988

A

Requires a person to provide two specimens at a police station.

37
Q

Section 4 RTA 1988 and powers of arrest

A

Creates an offence for any person to drive, attempt to drive or be in charge of a MV on a road or public place whilst unfit through drink or drugs.

Differs from sec 5 as the term is simply ‘unfit’.

Powers of arrest - unconditional, Should be cautioned and charged and conveyed to a police station to be examined by a doctor.

38
Q

Section 6(b) RTA 1988 and powers of arrest ?

A

Impairment test may be conducted by a trained officer. Failure to comply with the requested instructions os an offence.

Powers or arrest: conditional

  • Must fail impairment test
  • Must refuse to take the test
39
Q

Regulation 103 of the Road vehicles construction and use regulations 1986

A

creates an offence for:
-Any person in charge or a MV or trailer to cause or permit it to stand on a road so as to cause unnecessary obstruction.

40
Q

Section 22 RTA 1988

A

Dangerous parking. Creates an offence for any person in charge of a MV or trailer to cause or permit it to stand on a road in such a way that it would cause danger of injury to other road users.

41
Q

Regulations 3 and 4 of the vehicle removal and disposal regulations 1986

A

A constable may have a vehicle moved if:

  1. It has broken down
  2. Been permitted to remain at rest in such a way as to cause obstruction to road users, cause danger to such people or in a contravention of a restriction.
42
Q

Section 178(1)(a) RTA 1988, essential elements and power of arrest ?

A 
(Joy riding)
States that a person who:
-Takes and drives away a motor vehicle
-Without consent of the owner or local authority
Shall be guilty of an offence

Esential elements:

  1. MV has been taken away
  2. MV had been driven
  3. No consent from the owner
  4. No lawful authority

Powers of arrest: unconditional

43
Q

Section 178(1)(b) RTA 1988, essential elements and powers of arrest ?

A

(Allowed themselves to be carried)
Provides that a person who:
-Knowing that a MV has been taken without consent
-Drives it or allowed themselves to be carried in or on it
-Without consent of the owner or lawful authority
Shall be guilty of an offence,

Essential element:

  1. Knowing that the MV has been taken without consent
  2. Driven the MV or allowed themselves to be carried in or on it
  3. no consent of the owner or lawful authority to do so

Power of arrest: unconditional

44
Q

Regulation 54 of the road vehicles construction and use regulations 1986

A

Creates an offence to use or cause or permit the use of any vehicle propelled by an internal combustion engine on a road if:-

  • The exhaust gases from the engine pass into the atmosphere before first passing through the required silencer, OR
  • The silencer and exhaust system or not maintained in good and efficient working order, OR
  • The silencer has been altered in a way that increases the noise made by the escaping exhaust gasses.
45
Q

Regulation 5 of the vehicles waring of a seatbelt regulations 1993

A

requires that any person driving a motor vehicle other that a two wheeled motor cycle with or without a sidecar, riding in the front or rear seat of a motor vehicle shall wear an adult seat belt. For this purpose an adult is an person 14+.

legislation and the rest (3 decks)

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