Road Traffic Act 1988 Flashcards
What is a Road under the road traffic act 1988?
Any length of highway and any other road to which the public has access and includes bridges which a road passes.
What is a Mechanically Propelled Vehicle under the road traffic act 1988?
A mechanically propelled vehicle is a vehicle which can be propelled by mechanical means.
Includes vehicles powered by (SEPDOG):
S - Steam E - Electricity P - Petrol D - Diesel O - Oil G - Gas
What are the types of mechanically propelled vehicles?
SEPDOG
S - Steam E - Electric P - Petrol D - Diesel O - Oil G - Gas
What is a Motor Vehicle under the road traffic act?
A motor vehicle is a mechanically propelled vehicle, intended or adapted for use on the roads.
What are the prescribed limits for Breath, Blood and Urine?
Breath - 35 microgrammes per 100 millilitres of breath.
Blood - 80 Milligrams per 100 millilitres of blood
Urine - 107 milligrams per 100 millilitres of urine.
What does S163 of the Road Traffic Act 1988 allow a constable to do?
Anyone driving a mechanically propelled vehicle or a cycle on a public road must stop on being required to do so by a constable in uniform or a traffic officer.
A person failing to comply is guilty of an offence (fail to stop)
What does Sections 164 and 165 of the Road Traffic Act allow a constable to do on a vehicle stop?
S164 - Require production of driving licence when stopping a mechanically propelled vehicle on a public road.
S165 - Power to obtain names, address of drives and to require the production of insurance and test certificates.
What is S4 of the Road Traffic Act 1988?
Driving or being in charge when unfit through drink or drugs.
Unfit refers to the physical condition and not necessarily the amount they have taken - meaning breath test or drugs wipe is not always required.
What is S5 of the Road Traffic Act 1988?
Driving or being in charge with alcohol concentration above the prescribed limit.
Breath - 35 microgrammes per 100 millilitres of breath.
Blood - 80 Milligrams per 100 millilitres of blood.
Urine - 107 milligrams per 100 millilitres of urine.
What is S5a of the Road Traffic Act 1988?
Driving or being in charge with a concentration of drug above the specified limit.
What is S6(6) of the Road Traffic Act 1988?
Failing to provide a specimen of breath or a sample of salvia.
What is S6 of the Road Traffic Act?
Power to require a sample of breath, drugs wipe or conduct an impairment test where the constable suspects that the person:
2a) IS driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place,
and
b) has alcohol or a drug in his body or is under the influence of a drug.
3a) HAS been driving, attempting to drive or in charge of a motor vehicle on a road or other public place while having alcohol or a drug in his body or while unfit to drive because of a drug, and;
(b) still has alcohol or a drug in his body or is still under the influence of a drug.
4a) Is or Has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place, and;
b) has committed a moving traffic offence.
5) At the scene of a RTC (on a road or other public place) and there is reasonable belief that the person was driving, attempting to drive or in charge of the vehicle at the time of the collision.
What is S6e of the Road Traffic Act?
Power of entry for two reasons
May enter for the purpose of:
a) Conducting preliminary tests under S6(5) following an accident where there is reasonable suspicion that the accident involved injury of any person.
or
(b) Arresting a person under s6D following an accident where officer reasonably suspects that the accident involved injury of any person.
When can a police officer conduct preliminary tests at the roadside?
1) Moving traffic offence
2) where there is suspicion of alcohol
3) Collisions. (Power of entry through S6e)
What are the three breath, blood and urine alcohol limits?
Alcohol - 35
Blood - 80
Urine - 107
