Road Traffic Act 1988 Flashcards
Sect 163 Road Traffic Act 1988
1- Person driving a mechanically propelled vehicle on a road must stop the vehicle on being requested to do so by a constable in uniform
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 with this, they are guilty of an offence.
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Causing Death by Dangerous Driving
Sect 1 Road Traffic Act 1988
Definition
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
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Causing Serious Injury by Dangerous Driving
Sect 1A Road Traffic Act 1988
Definition
A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence
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Dangerous Driving
Sect 2 Road Traffic Act 1988
Definition
A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence
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Meaning of Dangerous Driving
Sect 2A Road Traffic Act 1988
Definition
- For the purposes of section 1 and 2, a person is to be regarded as driving dangerously if (and subject to subsection (2) below, a) The way he drives fall far below what would be expected of a competent and careful driver and b) It would be obvious to a competent and careful driver that dinking in that way would be dangerous.
- A person is also to be regarded as driving dangerously for the purposes of section 1 and 2 if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous
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Causing Death by Dangerous Driving
Sect 2B Road Traffic Act 1988
Definition
A person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence
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Careless or Inconsiderate Driving
Sect 3 The Road traffic Act 1988
Definition
If a person drives a mechanically propelled vehicle on a road or another public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence
Unfit - Refers to the physical condition of the driver and not the amount of drink or drugs consumed.
A roadside breath/drug wipe test is not always necessarily required to effect an arrest.
Driving or Being in Charge, When Under the Influence of Drink or Drugs
Sect 4 The Road Traffic Act 1988
Definition
- A person who, when driving or attempting to drive a mechanically propelled vehicle on a road or other public place, is unfit to drive through drink or drugs, is guilty of an offence.
- Without prejudge to subsect 1, a person who, when in charge of a mechanically propelled vehicle, which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence
Unfit - Refers to the physical condition of the driver and not the amount of drink or drugs consumed.
A roadside breath/drug wipe test is not always necessarily required to effect an arrest.
Driving or Being in Charge With Alcohol Concentration Above Specified Limit
Sect 5 The Road Traffic Act 1988
Definition
Driving or being in charge with alcohol concentration above prescribed limit
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.
Defences -
Prescribed Limits in UK
Breath - 35 microgrammes per 100 milliliters of breath
Blood- 80 milligrammes per 100 milliliters of blood
Urine- 107 milligrammes per 100 milliliters of urine
Driving or Being in Charge With Concentration of Specified Controlled Drug Above Specified Limit
Sect 5A
Definition
- The section applies where a person (D) -
(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, and there is in D’s body a specific controlled drug - D is guilty of an offence if the proportion of the drug in D’s blood or urine exceeds the specified limit for that drug.
Defences-
The specified drug was prescribed to D for medical or dental purposes
D took the drug in accordance with any directions given by the person who prescribed.
D’s possession of the drug immediately before taking it was not unlawful.
Failing to Provide
Sect 6 The Road Traffic Act 1988
Definition
A person commits an offence if without reasonable excuse he fails to co-operate with preliminary tests in pursuance of a requirement imposed under this section
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