Road Traffic Act 1988 Flashcards
Sect 170 (1) Accidents that must be reported
Injury to anyone other than the driver
Damage is caused to a vehicle other than that which you are the driver of
Damage is caused to an animal other than that in or on your car
Damage to any property in the area or adjacent to the road
Section 170 (1) Driving
Control of the steering wheel and braking system
Section 170 (1) Animals - CHAMPSDG
Cattle Horses Ass Mule Pigs Sheep Dogs Goats
Section 170 (1) Driver Duty
Must stop Damage = Name and address - Owner if different Vehicle VRN Must report to the police in 24 hours Injury = Insurance
Section 170 (1) Offences relating to an RTC
Failing to stop
Failing to report
Failing to produce insurance after an injury
Section 1
Death by dangerous driving
Indictable only - 14 years
A person who causes death driving a mechanically propelled vehicle on a road or other public place is guilty of an offence
Section 1
Death by dangerous driving
Indictable only - 14 years
Time Delay for death by dangerous driving?
3 Years
Section 2
Dangerous Driving
Indictable - 2 years on Indictment - Mandatory ban
A person driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence
Dangerously: FAR below standards of a competent and considerate driver
Section 2B
Causing death by careless and inconsiderate driving
Indictable - 3 years on indictment - Mandatory ban
A person who causes the death of another person by driving on a mechanically propelled vehicle on a road or other public place without the due care and attention or without reasonable consideration for other persons using the road or public place is guilty of an offence
Section 3
Careless and inconsiderate Driving
Summery
If a person drives a mechanically propelled vehicle on a road or other public place without the due care and attention or without reasonable consideration for other persons using the road, he/she is guilty of an offence
Section 4
Unfit to drive through drink or drugs
A person who drives, attempts to drive or is in charge of an MPV on a road or public place whilst unfit through drinks or drugs is guilty of an offence
Section 5
Over the prescribed alcohol limit
A person who drive’s attempts to drive or in charge of a MOTOR VEHICLE on a road or other public place having consumed so much alcohol that the proportion exceeds the prescribed limit is guilty of an offence
Section 5
Over the prescribed alcohol limit
Alcohol limits
1) Breath – 35 micrograms of alcohol in 100 ml of breath
2) Blood – 80 Micrograms of alcohol in 100 ml of blood
3) Urine – 107 Micrograms of alcohol in 100 ml of urine
Section 5A
Over the prescribed drug limit
A person who drives, attempts to drive or is in charge of a motor vehicle on a road or other public place and there is in his body a specified controlled drug, the proportion of which exceeds the specified limit, is guilty of an offence
Section 6
power to require roadside preliminary breath/drug specimen
When?
When a Police officer has reasonable grounds for suspicion following suspicion of alcohol, a moving traffic offence or an rtc he has a power to require a roadside breath/drug test.
Section 6 A
Preliminary breath test?
A preliminary breath test is a procedure whereby the person to whom the test is administered provides a specimen of breath to be used for the purpose of obtaining, by means of a device approved by the secretary of state, an indication as to whether the proportion of alcohol in the person’s breath or blood is likely to exceed the prescribed limit
Section 103 (1) Driving whilst Disqualified
A person is guilty of an offence if whilst disqualified from holding or obtaining a licence he obtains a licence OR drives a motor vehicle on a road
Section 103 (2) Driving whilst Disqualified
A licence obtained by a person who is disqualified is of no effect and will not prevent a prosecution under S103(1).
Section 101
Disqualified by Age
A person is disqualified holding or obtaining a licence to drive a motor vehicle of the class specified if he/she is under the age specified.
Section 168
Power to require name and address
When a driver of an MPV or rider of a cycle is involved in an offence of dangerous, careless or inconsiderate driving or cycling, they are duty bound to give their name and address to any person having reasonable grounds for requiring them
Section 163
Driver Obligations at an RTC
(1) A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a constable in UNIFORM or a traffic officer
(2) A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform
(3) If a person fails to comply he is guilty of an offence.
Section 164
Power to demand driving licence
Anyone who has or is reasonably suspected to have been driving
-Anyone involved in any traffic offences
- If supervising a provisional licence holder
HAS TO PRODUCE DRIVING LICENCE IN PERSON
Section 165
Power to demand other documents
This section allows for other driving documents & vehicle documents to be produced.
It also gives power to seize UNINSURED vehicles.
There is no need for vehicle documents for invalid carriages (e.g. mobility vehicles)
Documents: insurance, MOT, goods vehicle test, certificate of insurance security, GV plating certificate
Section 47
Test certificate offences
A person that uses, causes or permits to be used a motor vehicle on a road without a test certificate issue within the previous 12 months commits an offence
Section 28
Dangerous cycling
A person who rides a cycle on a road dangerously is guilty of an offence
If and only IF the way he rides falls FAR below what may be a competent and careful cyclist
Section 30
Cycling under influence of drink and drugs
A person who, when riding a cycle on a road or other public place, is unfit to ride through drink or drugs is guilty of an offence
Section 29
Careless and inconsiderate cycling
If a person rides a cycle on a road without the due care and attention or without reasonable consideration for other persons using the road, he is guilty of an offence
Section 137 (1) Wilful obstruction of a highway
If a person, without lawful authority or excuse, in anyway wilfully obstruct the free passage along a highway he is guilty of an offence
Section 160 (1) Depositing on the highway
Prohibits any person without lawful excuse from depositing anything on a highway in consequence of which a user is injured or endangered
Section 161 (2) Part A Lighting a fire on or over
If a person, without lawful authority or excuse, lights a fire on or over a highway which consist or compromises a carriageway, and in consequence a user of the highway is injured, interrupted or endangered that person is guilty of an offence
Section 161 (2) Part B Fireworks and explosives
If a person without lawful authority or excuses discharges any firearm or firework within 15.24m (50 feet) of the centre of a highway and in consequence a user is injured, interrupted or endangered that person Is guilty of an offence
Section 161 (A) Lighting a fire in proximity to a highway
It is an offence for a person to light, direct or permit any fire to be lit on any land as a result of which any road user is injured, endangered or interrupted by FIRE or SMOKE or from any other fire caused by that fire
Section 3 Z B
Aggravating Factors
A person is guilty of an offence under this section if he causes the death of another person by driving a motor vehicle on a road AND, at the time when he is driving, the circumstances are such that he is committing an offence under;
1) S87(1) RTA 88 – Driving otherwise in accordance with a licence
2) S103 (1)(b) RTA 88 – Driving whilst disqualified
3) S143 RTA 88 – Using a motor vehicle while uninsured or unsecured against a third party
Section 40
Using a vehicle or trailer in a dangerous condition
Its an offence to USE, CAUSE or PERMIT another to use a motor vehicle or trailer on a road when the condition is such that there is likelihood of the danger of injury to other road users
Section 40
Using a vehicle or trailer in a dangerous condition
Definition
There MUST be an ACTUAL danger, which would be obvious to a careful and competent motorist
Section 40
Using a vehicle or trailer in a dangerous condition
4 headings of danger
1) Condition of the motor vehicle, trailer, its accessories or equipment (jagged edges, driver seat loose…) – Must consider Circumstances (e.g. heavy rain and no wiper blades)
2) Purpose for which is used – Where danger is caused by the vehicle being put to use in a manner for which is not suited (e.g. towing a vehicle at 80 mph)
3) Carriage of passengers – No. of passengers and manner in which they are carried (e.g. 8 people in a mini)
4) Load – All aspect of load carried: weight, distribution, position and method of securing.
Section 41 (a) Requirements as to breaks, steering gear, tyres and weight
Any person who fails to comply with, or contravenes construction and use requirements about breaks, steering gear or tyres or who uses, causes or permits to be used on a road a motor vehicle or trailer which does not comply with the requirements commits an offence
Section 41 (b) Breach of requirements as to weight (goods and passengers)
Any person who fails to comply with or contravenes construction and use about weight of – a goods vehicle, a motor vehicle or trailer adapted to carry more than 8 passengers OR who uses or causes or permits to be used on a road such a vehicle or trailer not complying with the requirements commit an offence
Section 41 (b) (2) Breach of requirements as to weight (goods and passengers) Defences
Travelling to and from a weight bridge
