Road traffic act Flashcards
When do we have power of entry in relation to drunk driving?
- get breath sample after rtc suspect injury (to another) and suspect driving etc: sec 5B(7)
- arrest for fail to provide (suspect drunk): sec 5b(6)
- arrest for DWOPL after a breathtest: sec 5b(7) and (6)
- arrest for driving unfit : sec 5(7)
Plain clothes and uniform
Can use reasonable force
Must reasonably suspect person is inside
What section of RTA is used to identify driver? And for what reasons?
Sec 47 notice
Used any offence in road traffic act and any offence under any act where vehicle used on road in commission of offence
Given to keeper of the vehicle where suspect driver of vehicle to be guilty of an offence
Or any other person who has info and can provide it to lead to identification of driver
If given in writing and by post must reply within 28 days
What are the alcohol in breath limits for drink driving?
Over 35 ug in 100ml breath
35-39 NFA
40 to 50 can replace breath with blood
blood 80 mg in 100ml
Urine 107 mg in 100ml
When can we breathylse?
Section 5B
1.After rtc - mpv on road or public place, any person suspected to be driving/attempting drive/in charge of vehicle (uniform or plain)
2. Specified Offence driving, attempting to drive or in charge of mpv on road or public place -Dangerous -careless/inconsiderate - unfit (uniform)
What can we assume from the result of the specimen sample after RT4?
That the proportion of alcohol in the accused blood/breath/urine at the time of the alleged offence was not less that the sample given
Unless
-accused states he consumed alcohol between offence and arrest
What sections of RTA allows officers to request production of driving licence and insurance?
Section 42 - dl
Section 43 - ins
What section of RTA allows officers to seize/immobilise vehicle?
What conditions can we do so?
Section 47A
- no insurance
- no veh tax and know no licence displayed for over 1 month
- no dl
- disqual driver
- prov dl and not accompanied
- serious driving offence linked with RT4 or drugs
RG suspect vehicle was or is driven on road with above conditions
Force can be used
Can enter any premises (other than private dwelling) where have RG to believe vehicle to be
Must happen within 24 hours
Can be removed or immobilised
Under what section is NIP?
What is NIP?
Section 55 RTA 1985
Warns a driver about investigation and possible prosecution
Reported for consideration of question of prosecution for …(offence)
What evidence should be included to prove driving whilst using mobile phone?
- time observed
- distance
- visibility
- obstructions
- reason for noticing
- clear evidence of reduced or poor driving standard (one handed steering, slow reactions)
- full description of phone
- full description of location of phone when driver stopped
When can an officer arrest someone driving whilst disqualified?
A person who is driving or attempting to drive only
Must be found committing to arrest
PNC reason codes
1- vehicle or person stopped in street 2 - moving vehicle, seen not stopped 3 - abandoned/parked vehicle unattended 4 - vehicle in RTC 5 - person subject of investigation
