Road Traffic Act 1988

Question 1

S170 (1) Road Traffic Act 1988

Answer 1

Section 170 of the Road Traffic Act 1988 imposes obligations on drivers of mechanically propelled vehicles who are involved in road accidents.

170(1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road or other public place an accident
occurs by which -

(a) personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or

(b) damage is caused-

(i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or

(ii) to an animal other than an animal in or on that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or

(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road or place in question is situated or land adjacent to such land.

Question 2

S170 (2-4) Road Traffic Act 1988

Answer 2

170(2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring,
give his name and address and also the name and address of the owner and the identification marks of the vehicl
e.
170(3) If for any reason the driver of the mechanically propelled vehicle does
not give his name and address under subsection (2) above, he must report the accident.

170(4) A person who fails to comply with subsection (2) and (3) above is guilty
of an offence.

Question 3

S170 (5-7) Road Traffic Act 1988

Answer 3

170(5) If, in a case where this section applies by virtue of subsection (1)(a) (personal injury), the driver of a motor vehicle does not at the time of the
accident produce such a certificate of insurance or security, or other evidence,
as is mentioned in section 165(2)( a) of this Act -
(a) to a constable, or
(b) to some person who, having reasonable grounds for so doing, has required him to produce it, the driver must report the accident and produce such a certificate or other evidence. (see note (iv))

170(6) To comply with a duty under this section to report an accident or to
produce such a certificate of insurance or security, or other evidence, as is
mentioned in section 165(2)(a) of this Act, the driver-(a) must do so at a police station or to a constable, and
(b) must do so as soon as is reasonably practicable and, in any case, within
twenty-four hours of the occurrence of the accident.

170(7) A person who fails to comply with a duty under subsection (5) above is
guilty of an offence.

Question 4

S170 (8) Road Traffic Act 1988 Animal Definition

Answer 4

170(8) In this section animal means horse, cattle, ass, mule, sheep, pig, goat or dog

Question 5

S170 (8) Road Traffic Act 1988 Animal Definition

Answer 5

170(8) In this section animal means horse, cattle, ass, mule, sheep, pig, goat or dog

Question 6

S1 Road Traffic Act 1988 Death by Dangerous Driving

Answer 6

A person who causes the death of another:
- Must be driving a mechanically propelled vehicle.
- Dangerous on the road - Falls far below expected standard driver in that way conditions or circumstance.
- Causes death - causal link needed only
- Does not have to be intended or adapted for road use.
- Public place or highway
- Can include fetus.

14 years, 2 year ban

Question 7

S1A Road Traffic Act 1988 Dangerous Driving resulting in serious injury

Answer 7

A person who causes the death of another:
- Must be driving a mechanically propelled vehicle.
- Dangerous on the road - Falls far below expected standard driver in that way conditions or circumstance.
- Causes death - causal link needed only
- Serious Injury - GBH meaning - permanent disfigurement.
- Public place or highway
- Pre existing conditions can be dangerous eg diabetes

14 years, 2 year ban

Question 8

S2 Road Traffic Act 1988 Dangerous Driving

Answer 8

A person who drives a mechanically propelled vehicle.
- Dangerously - falls far below the standard of a reasonable driver in a way or in current conditions.
- On a road or public place

Question 9

S28 Road Traffic Act 1988 Causing death by dangerous driving

Answer 9

• Caused death of a person
  -A person who drives a mechanically propelled vehicle.
• Public place or road
• Without reasonable due care and attention/ consideration for other drivers.
  CARELESS - falls below the standard
  CONSIDERATION - must be inconvenienced.
  BREACH TRAFFIC REGULATIONS

Question 10

S3 Road Traffic Act 1988 Driving without due care and attention

Answer 10

-Driving a mechanically propelled vehicle.
- Public or road
– Without reasonable due care and attention/ consideration for other drivers.
CARELESS - falls below the standard
CONSIDERATION - must be inconvenienced.
BREACH TRAFFIC REGULATIONS
- Intent does not matter.

Question 11

Defences to RTA 1988

Answer 11

Automatism - Sneeze, bee in car
Sudden Mechanical Error - Steering, brakes
Authorised motor event
Unconsciousness and sudden illness - heart attack, stroke
Duress by threat - knife to throat
Duress by necessity - Baby being born
Assisting in arrest - blocking traffic

Question 12

Mechanically Propelled Vehicle

Answer 12

Gas
Oil
Petrol
Electric
Diesel
Steam

Question 13

Mechanically Propelled Vehicle

Answer 13

Gas
Oil
Petrol
Electric
Diesel
Steam