Road Traffic Act 1988 Flashcards
Section 170 (5) RTA 1988?
In the case of a reportable road crash which involves personal injury to someone other than the driver concerned, the driver must produce their certificate of insurance at the time of the crash:
To a constable or any other person having reasonable grounds for requiring it. If a certificate is not produced to the police/other person at locus, the driver must report the crash at a police station or to a PC as soon as reasonably practicable and in any cases WITHIN 24 HOURS. If the driver fails to produce certificate of insurance when required they commit an offence unless the certificate is produced at a police station specified by them WITHIN 7 DAYS OF THE CRASH.
(HO/RT1) = A form, commonly known as a ‘producer’, given to motor vehicle drivers who are unable to produce their driving licence, insurance, and test certificate when stopped.
What is an HO/RT1?
(HORT/1) A form, commonly known as a ‘producer’, given to motor vehicle drivers who are unable to produce their driving licence, insurance, and test certificate when stopped.
Section 170 (2) RTA 1988?
Driver of a mechanically propelled vehicle involved in a reportable road traffic crash must stop and supply the following details:
- Driver’s name and address
- Vehicle owner’s name and address
- Vehicle registration number
Section 170 (6) RTA 1988?
For any reason the driver does not give details under Section 170 (2) they must report the crash in person at a police station or personally to a PC as soon as reasonably practicable and in any case WITHIN 24 HOURS of the crash.
Section 172 RTA 1988?
(2) Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies -
(A) The person keeping the vehicle shall give such info as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police and…
(B) Any other person shall if required as stated above give any information which it is in his power to give and may lead to the identification of the driver.
Section 3 RTA 1988?
Creates an offence for any person driving a mechanically propelled vehicle on a road or public place without due care and attention or without reasonable consideration for other people using the road or public place.
Section 170 RTA 1988?
If owing to the presence of a mechanically propelled vehicle on a road or public place a crash occurs, then the crash is reportable in the following circumstances:
- There’s personal injury to a person other than the driver of that vehicle.
- There’s damage caused to another vehicle or trailer drawn by it.
- There’s injury caused to an animal not being carried by that vehicle.
- When damage to other property is caused which is on/near the road.
For the purposes of Section 170 RTA 1988, “animal” means any…?
“MDP SHAG CATTLE”
- Mule
- Dog
- Pig
- Sheep
- Horse
- Ass
- Goat
- Cattle
Section 5 RTA 1988?
Offence 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 6 RTA 1988?
A constable in uniform may require a person who is/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 test if the constable has reasonable cause to suspect:
- The person has alcohol in their body
- Person has committed a moving traffic offence
- Person was involved in a road traffic crash
Power of Arrest under Section 6 RTA 1988?
- If the individual provides a positive breath test.
- They refuse or fail to provide a breath specimen (but only if the constable suspects their body contains alcohol)
What are the prescribed limits for breath, blood and urine?
- 22 micrograms of BREATH
- 50 milligrams of BLOOD
- 67 milligrams of URINE
A sample of blood or urine can only be taken at the police station in what circumstances?
- The breath analysis machine is unavailable or broken down.
- In the opinion of the constable the person haas a reasonable excuse for failing to provide specimens e.g. medical conditions.
- If there is reasonable cause to believe the device hasn’t provided a reliable indication of the proportion of alcohol in the breath.
Section 2 RTA 1988?
Creates an offence for any person driving a mechanically propelled vehicle on a road or public place, the driver falls far below their standards and would consider the driving to be dangerous or that the current state of the vehicle being driven is dangerous.
When as a constable are you able to enter premises in relation to Section 6 RTA 1988?
If 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 its in the interest of justice to do, but they may only do so in the following circumstances:
- In cases involving a road traffic crash (whether the police were in hot pursuit or not) or in cases where the person is suspected of committing any drink driving offence (in the absence of any crash only if the police are in hot pursuit).
Section 4 RTA 1988?
Offence 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 drug.
