Road Traffic Act 1988 Flashcards
Vehicle definitions S185
The term ‘motor vehicle’ is defined in section 185(1) of the Road Traffic Act 1988 and section 136(1) of the Road Traffic Regulation Act 1984 as “a mechanically propelled vehicle, intended or adapted for use on roads”.
Use, cause and permit S143
An offence is committed if a person causes or permits another to use a motor vehicle on a road without a valid insurance policy covering that use
Offences - driving licenses S87
It is an offence for a person to drive on a road a motor vehicle of any class [otherwise than in accordance with] a licence authorising him to drive a motor vehicle of that class.
Offences - insurance S143
S143 Road Traffic Act 1988 states that a person must not use a motor vehicle on a road or other public place unless there is a valid insurance policy in place to cover such use. If you are stopped for driving without insurance you may be offered a fixed penalty for 6 points plus a £300 fine.
Powers to stop S163
(1)A person driving a motor vehicle on a road must stop the vehicle on being required to do so by a constable in uniform
Requiring documents for examination S164
Under section 164 of the RTA 1988, an officer may require a person to produce their driving license for examination or to state their date of birth.
Seizing a vehicle S165
The vehicle detailed overleaf has been seized under Section 165A of the Road Traffic Act 1988, because a police officer had reasonable grounds to believe that the driver did not have valid insurance or was driving otherwise than in accordance with a driving licence
Obligations after a collision and reportable accidents S170
If you are involved in an accident while driving and as a result of this accident a person other than you is injured or there is damage to property other than your own then you must:
Stop
Provide your details to any person who has reasonable grounds for requiring the
If, for any reason you cannot provide such details (for example there is no-one else there) then you must report the accident to the police as soon as reasonably practicable and, in any event, within 24 hours.
Dangerous driving S2
The offence of dangerous driving under section 2 of the Road Traffic Act 1988 is committed when the defendant’s driving falls far below the standard expected of a competent and careful driver and it would be obvious that driving in that way would be dangerous
Careless or inconsiderate driving S3
If a person drives a car carelessly on a road or public place, or without consideration for other users of the road or place they may be guilty of careless and inconsiderate driving under the Road Traffic Act 1988, s 3
Defences to careless driving
3) The standard of driving was not careless in all the circumstances (this may include arguing mechanical defect and automatism – see below).
Causing death by dangerous driving S1
A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
Unfit through drink or drugs S4
it is an offence if a person drives or attempts to drive a motor vehicle on a road or other public place whilst unfit through drink or drugs. Similarly, section 4(2) RTA 1988 makes it an offence if the person is in charge of a motor vehicle when under the influence of drink or drugs.
Drink drive offence S5
section 5 RTA 1988 - Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit. section 5A RTA 1988 - Driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit.
Drink drive preliminary breath tests S6
The preliminary tests are: a breath test whereby a specimen of breath is taken by means of a device approved by the Secretary of State which indicates whether the proportion of alcohol in a person’s breath or blood is likely to exceed the prescribed limit
