Road Traffic Act 1988 Flashcards
Drivers of MV to have driving licenses
S87 Road Traffic Act 1988
(1) 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
(2) it is an offence for a person to cause or permit another person to drive on a road a motor vehicle of any class [OTHERWISE THAT IN ACCORDANCE WITH a licence authorising that other person] to drive a motor vehicle of that class
Requirement to produce insurance / test certificate
S165 RTA 1988
A constable may require the production of an insurance and test certificate for examination as well as their name and address and name and address of the vehicle owner:
- A person driving a vehicle on a road
- A person who was driving at the time of an accident
- A person who you have reasonable cause to believe have committed an offence relating to the use of a motor vehicle
Power to seize vehicles being driven without licence or insurance
S165A RTA 1988
3 extended reason why a constable can seize a motor vehicle:
1) Failing to produce driving licence, believe to be ‘driving otherwise than in accordance’ with a licence
2) Failing to produce insurance, vehicle is or was being driven without insurance
3) Vehicle fails to stop when requested by an officer in uniform, reasonable grounds for believing being driven without a licence, or without insurance
Using vehicle in dangerous condition
S40a RTA 1988
A person is guilty of an offence if he USES, or CAUSES or PERMITS another to use, a motor vehicle or trailer on a road when:
- the condition of the MV, trailer or accessories
- the purpose for which its being used
- the no. of passengers being carried / manner they’re being carried
- the weight, position or distribution of its load, or the manner in which it is secured
is such that this results in the danger of injury to ANY person
‘Unfit’
Driving, or being in charge, when under influence of drink or drugs
S4 RTA 1988
(1) a person who, when driving or attempting to drive a M.P.V in a road or other public place is unfit to drive through drink or drugs
(2) without prejudice to subsection (1) above, a person who, when in charge of a M.P.V which is on a road or other public place, is unfit to drive through drink or drugs
‘OPL’
Driving, or being in charge, with alcohol over prescribed limit
S5 RTA 1988
(1) If a person -
(a) Drives or attempts to drive a motor vehicle on a road or other public place, or
(b) Is in charge of a motor vehicle on a road or other public place,
After consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit
Reportable RTC
S170 RTA 1988
Any accident involving a M.P.V on a road or other public place which causes:
- injury or damage to anybody (other than the driver of that vehicle)
- injury or damage to an animal (other than one being carried in or on that vehicle): CHAMPSDG
- damage to a vehicle other than the vehicle that caused the accident
- damage to property constructed on, affixed to, growing in, or otherwise forming part of the land where the road is
S170 Drivers Obligations
Damage only cause collisions:
Name and address of driver
Name and address of vehicle owner
Registration / identification mark of vehicle
Injury collisions:
STOP Name and address of driver Name and address of vehicle owner Registration / identification Mark of vehicle Production of insurance
If insurance isn’t produced at scene driver must produce to a constable or Police station as soon as reasonably practicable or in any case within 24hrs
Careless and inconsiderate cycling
S29 RTA 1988
A person who rides a pedal cycle on a road without due care and attention or without reasonable consideration for other road users is guilty of an offence
Dangerous cycling
S28 RTA 1988
Any person who rides a pedal cycle dangerously commits an offence
Cycling when under influence of drink or drugs
S30 RTA 1988
A person who, when riding a cycle on a road or other public place, is unfit through drink or drugs (i.e incapable of having proper control of the cycle) is guilty of an offence
Drivers to comply with traffic signs
S36 RTA 1988
(1) Where a traffic sign, being a sign -
(a) of the prescribed size, colour and type, or
(b) of another character authorised by the Secretary of State under the provisions in that behalf of the Road Traffic Regulation Act 1984,
has been lawfully placed on or near a road, a person driving or propelling a vehicle who fails to comply with the indication given by the sign is guilty of an offence.
Power to stop vehicles
S163 RTA 1988
Any person driving a M.P.V or riding a pedal cycle on a road must stop on being required to do so by an officer in uniform.
It is an offence to fail to stop on so being required.
Careless and inconsiderate driving
S3 RTA 1988
If a person drives a M.P.V on a road or other public place without due care and attention or without reasonable consideration for other road users they shall be guilty of an offence
Dangerous driving
S2 RTA 1988
Any person who drives a M.P.V dangerously on a road or other public place commits an offence