Road Traffic Offences

Question 1

Section 1 Driving Road Traffic Act 1988 – Causing Death by Dangerous

Answer 1

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.

Question 2

Section 1A Road Traffic Act 1988 – Causing Serious Injury by Dangerous Driving

Answer 2

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.

Question 3

S2 – Dangerous Driving

Answer 3

A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.

Question 4

S2A – Meaning of Dangerous Driving

Answer 4

For the purposes of sections 1 and 2 above a person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if) —
the way he drives falls far below what would be expected of a competent and careful driver, and
it would be obvious to a competent and careful driver that driving in that way would be dangerous.
A person is also to be regarded as driving dangerously for the purposes of sections 1 and 2 above if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.

Question 5

S2B – Causing Death by Careless or Inconsiderate Driving

Answer 5

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.

Question 6

S3 – Careless or Inconsiderate Driving

Answer 6

If a person drives 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, he is guilty of an offence.

Question 7

S4 – Driving or Being in Charge, when Under Influence of Drink or Drugs

Answer 7

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 prejudice to subsection (1) above, 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.

Question 8

S5 – Driving or Being in Charge with Alcohol Concentration Above Prescribed Limit

Answer 8

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 he is guilty of an offence.

Defence:
It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.

Question 9

Prescribed Limit

Answer 9

In Breath: 35 microgrammes per 100 millilitres of breath
In Blood: 80 milligrammes per 100 millilitres of blood
In Urine: 107 milligrammes per 100 millilitres of urine

Question 10

S5A – Driving or Being in Charge with Concentration of Specified Controlled Drug Above Specified Limit

Answer 10

(1) This section applies where a person (“D”)—
drives or attempts to drive a motor vehicle on a road or other public place, or
is in charge of a motor vehicle on a road or other public place, and there is in D’s body a specified 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
It is a defence for a person (“D”) charged with an offence under this section to show that—

(a) the specified controlled drug had been prescribed or supplied to D for medical or dental purposes,
(b) D took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such directions) given by the manufacturer or distributor of the drug, and
(c) D’s possession of the drug immediately before taking it was not unlawful under section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession of controlled drugs) because of an exemption in regulations made under section 7 of that Act (authorisation of activities otherwise unlawful under foregoing provisions).

Question 11

S6(6) - Failing to Provide (cooperate with a preliminary test)

Answer 11

A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requirement imposed under this section.

Question 12

Power of Arrest

Answer 12

A power of arrest is provided by the Road Traffic Act for any person who fails a preliminary roadside test or fails to co-operate with such a test. This is NOT an arrest power conveyed under PACE. It is only an offence under PACE once a person fails or fails to co-operate with the further test at a police station.

Question 13

Section 28 Road Traffic Act 1988

Answer 13

A person who rides a cycle on a ac dangerously is guilty of

an offence.

Question 14

Section 29 Road Traffic Act 1988

Answer 14

If a person wides a cycle on a road without wandattemion,
or without reasonable consideration for other persons using the
road, he is guilty of an offence.

Question 15

Section 35 of the Road Traffic Act 1988

Answer 15

Where a constable or a traffic officer is for the time being engaged
in the regulation of traffic in a road, a person or propelling a
Vehicle who neglects or refuses
• (a) to stop the vehicle, or
• (b) to make it proceed in, or keep to, a particular line of traffic,
• when directed to do so by the constable in the execution of his duty
or the traffic officer (as the case maybe) is guilty of an offence.

Question 16

Section 36 of the Road Traffic Act 1988

Answer 16

Operational Policing- Policing (
Where a traffic sign, being a sign -
(a) of the prescribed size, colour and type, or
(b) of another character authorised by the national authority
under the provision in that behalf of the Road Traffic Regulations
Act 1984,
has been lawfully placed on or near a, a person or
propelling a vehicle who fails to comply with the indication given
by the sign is guilty of an offence.

Question 17

Section 22 of the Road Traffic Act 1988

Answer 17

• If a person in charge of a vehicle causes or art the
vehicle or a trailer drawn by it to remain at rest on a in
a position
or in such condition or in such circumstances as to involve a
danger of injury to other persons using the road,
• he is guilty of an offence.

Question 18

Section 89 of the Road Traffic Regulation Act 1984

Answer 18

• A person who drives a motor vehicle on a a at a speed
exceeding a limit imposed by or under any enactment to
which this section applies shall be guilty of an offence

Question 19

Section 1, Road Traffic Offenders Act 1988

Answer 19

For certain road traffic offences the driver must be given a warning that he faces prosecution. This is done by issuing a Notice of Intended Prosecution (NIP). Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post.

Question 20

NIP

Answer 20

Issued 14 days

1. Dangerous or careless driving/cycling
2. Speeding
3. Leaving a vehicle in a dangerous place
4. Failing to conform with the indication of a police officer directing traffic or with a traffic sign

Question 21

Section 59 Police Reform Act 2002 anti- social behaviour

Answer 21

• constable in uniform and a Community Support Officer, if
their designation includes this section, may seize a motor
vehicle where they have reasonable grounds for believing that
it is being used or has been used
• In contravention of Section 3 Road Traffic Act 1988 (careless or
inconsiderate driving) or Section 34 Road Traffic Act 1988
(prohibition of off-road driving), and
• Is causing, or is likely to cause, alarm, distress or annoyance to
members of the public.

Applies to person and the vehicle separately warning last 12 month

Anyone drives that car like that again it will be Seized.

Question 22

Seizing vehicles

Answer 22

• Before seizing the motor vehicle they must warn
the person who appears to be the driver that they
will seize it if that use continues or
• Is repeated and
• If it appears to them that the use has continued or
• Been repeated after the warning they may then
seize and remove the vehicle.

A suggested wording is :
You are/have been driving/ riding a motor vehicle in
a careless or inconsiderate manner contrary to
section 3 of the Road Traffic Act 1988 in a manner
which is causing/ has been causing/ or is likely to
cause alarm, distress or annoyance to members of the
public

I must warn you that if you continue to drive
the vehicle in the same way or if you drive
another vehicle in the same way on any other
occasion, that vehicle can be seized under
Section 59 of the Police Reform Act 2002.

Question 23

No Power of Arrest for failing to stop under Section 59

Answer 23

• Failing to stop the vehicle as per Section 59(a)
of this sub section is a summary offence
contrary to Section 56(6) of the Act

Question 24

Section 170 Road Traffic Act 1988

Answer 24

• Applies where, owing to the presence of a mechanically
propelled vehicle on a or other public place,
• an accident occurs by which personal injury is caused to a
person (other than the driver of the

• A vehicle (other than that MPV or jailer drawn by it ), or
• An animal (other than in or on that MPV or trailer drawn by
it), or
• Any other property constructed on, fixed to, growing in or
otherwise forming part of the land on which the road or
other place in question is situated, or adjacent to such land.

Question 25

CHAMPS DG

Answer 25

C cattle 
H Horse 
A Ass
M Mule 
P Pig 
S Sheep
D Dog 
G Goat

Recordable RTC section 170 applies

Question 26

Assessment of Police Response - SODAPOPS

Answer 26

1.1.
1.2.
SODAPOPS will not apply to any injury collision. Where a road traffic collision
involves injury to another, some degree of investigation will normally be required.
In relation to a non-injury collision, once all other factors have been considered
during the assessment process, the following criteria should also be taken into
account:
• Serious damage has been caused
• Other property on the road is damaged
• Defect in the vehicle or road/public place environment is possible cause
• Animal is killed or seriously injured (Horse, Cattle, Ass, Mule, Sheep, Pig,
Goat or Dog)
• Particulars have not been exchanged at the scene (names, addresses and
registration numbers)
• Offence is involved or alleged
• Police vehicle is involved
• Special circumstances exist

Question 27

C O W

Answer 27

Causalities
Obstructions
Witness

Question 28

Breath test

Answer 28

“I require you to provide me with a specimen of breath for the purpose of analysis. Failure or refusal to do so may lead to your arrest. Have you had anything to eat or drink in the last 20 minutes, have you smoked in the last 10”

Question 29

National Intelligence Report (NIR)

Answer 29

The National intelligence report (N{R) is used to
submit and evaluate information, and to manage
dissemination of intelligence. It protects the source
and contributes to an audit trail of the intelligence.
Standardisation of reporting provides a shared
confidence between law enforcement communities and
partner agencies.
ANPR data is classed as 1AC intelligence and ANPR
data should ONLY be disseminated via the National
Intelligence Report produced on the NAS. ANPR data
should not be emailed to recipients or placed directly
onto crime reports or command and control logs.

Question 30

What is a road?

Answer 30

What is a road?
–
Any length of highway to which the public has access and includes bridges over which a road passes and includes the area bounded by hedges, walls, fences and building lines (therefore pedestrian footways and footpaths alongside a road are included in this definition. (S192 Road Traffic Act 1988).

Question 31

What is a motor vehicle?

Answer 31

What is a motor vehicle?
–
A mechanically propelled vehicle that is intended or adapted for use on roads. (S185 Road Traffic Act 1988).

Question 32

What is meant by the term “Mechanically Propelled”?

Answer 32

What is meant by the term “Mechanically Propelled”?
–
“Mechanically propelled”, though not defined by law is taken to mean that the vehicle is powered by a motor (includes an electrical motor, petrol, diesel or other fuel). A dispute as to what a mechanically propelled vehicle is, is a matter of fact for a court to decide.

Question 33

What is meant by the term ‘driving’?

Answer 33

What is meant by the term ‘driving’?
–
Having control over the direction and movement of a vehicle.

Question 34

What is a Constable’s power to stop a vehicle on a road?

Answer 34

What is a Constable’s power to stop a vehicle on a road?
–
S163 of the Road Traffic Act 1988 states:

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.
A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform or a traffic officer.
If a person fails to comply with this section he is guilty of an offence.

Question 35

What can a Constable demand of a driver during a Traffic Stop?

Answer 35

What can a Constable demand of a driver during a Traffic Stop?
–
A Constable has can demand a number of documents, or pieces of information of a driver during a traffic stop. These include:

The Production of a driving licence (S164 Road Traffic Act 1988).
Date of Birth of the driver (S164 Road Traffic Act 1988).
Name and Address of the driver (S165 Road Traffic Act 1988).
The production of an Insurance Certificate (S165 Road Traffic Act 1988).
The production of a Test Certificate (MOT) (S165 Road Traffic Act 1988).

Question 36

When can a Constable seize a motor vehicle?

Answer 36

When can a Constable seize a motor vehicle?
–
Section 165A of the Road Traffic Act 1988 provides powers to a constable in uniform if having been required to provide a valid driving licence or certificate of insurance a driver fails to do so and the constable has reasonable grounds to believe that the driver is or was driving the vehicle without a valid driving licence or policy of insurance covering that journey.

S59 of the Police Reform Act 2002 also gives powers to uniformed police constables and PCSOs the power to seize mechanically propelled vehicles in an anti-social manner (see next chapter).

Question 37

Vehicle Identification

Answer 37

Vehicle Identification

All wheeled vehicles registered after 1 April 1980 are required to have a Vehicle Identification Number (VIN) Plate. The plate has to be fitted to the vehicle in a conspicuous, accessible location. The plate displays the VIN and the manufacturer. The VIN will also be stamped onto the frame or chassis of the vehicle. The plate allows you to identify a vehicle if the index plates have been removed or damaged by checking the VIN on the Police National Computer (PNC). More information is available within Blackstone’s Handbook for Policing Students in the Road and Traffic Policing chapter.

Question 38

Road Traffic Collisions

Answer 38

As Bryant & Bryant (2018) point out, it is common for people to refer to collisions as “accidents”, indeed the legislation still does and the older police term RTA (Road Traffic Accident) has entered popular language and you may still hear it from time to time. Such incidents are now referred to as Road Traffic Collisions (RTC), to change the thinking that incidents of this nature are just a matter of chance.

RTCs are an extremely common incident and as a student police officer you will attending many of these now and throughout your career. They range in and fall into a number of categories in increasing seriousness:

Non-Reportable Damage Only (where there are no grounds for a police report).

Damage only (where there is damage to the vehicle and no injury).

Personal Injury (often referred to as a PI).

Killed or Serious Injury (KSI).

Question 39

Reportable Collisions

Answer 39

If a collision meets certain criteria, then the driver must provide certain information to other persons such as others involved in the collision. In some cases, the collision must be reported to the police (s170(1) Road Traffic Act 1988) and this is referred to as a “reportable” collision.

Question 40

Road Traffic Collision Scenes

Answer 40

The police have a number of responsibilities when responding to an RTC. These include:

Preservation of life.

Coordinate other emergency services involved (Fire service, Ambulance, or Highways Agency).

Secure, protect and preserve the scene.

Lead and manage any subsequent investigation into the accident.

Liaise with the relatives of anyone killed or injured.

Treat any KSI collision as a crime scene.

Question 41

Dynamic Risk Assessment - LOCATION

Answer 41

LOCATION

The following location factors need to be considered:

position/visibility – is the carriageway position dangerous, eg, in lane three or on a bend?

characteristics – is the location on an elevated or narrow section?

traffic flow – is the volume and/or speed of passing traffic an issue?

signs – are signs close and correctly set to assist?

communication – is it effective and are any special arrangements needed between agencies?

constraints – do any physical constraints of the locality make safe working difficult?

Question 42

Dynamic Risk Assessment - VEHICLES

Answer 42

VEHICLES

You need to consider:

number and type involved

suspicion – is there anything suspicious about the vehicle or contents?

crime/intelligence – has the vehicle been involved in any reported criminal activity?

condition – damage and extent and is any part of the vehicle or load obviously dangerous?

hazards in the vehicle or load

other hazards

owner/driver – is the owner/driver present?

occupants – how many/are all accounted for?

lighting – is the vehicle unlit during the hours of darkness?

any special recovery requirements?

Question 43

Dynamic Risk Assessment - PEOPLE

Answer 43

You need to consider:

number involved

demeanour

condition – e.g., are they trapped or injured and how badly? are they sober, drunk, suffering illness?

comprehension – are they able to understand instructions or guidance given?

crime – has a criminal record PNC check been completed, if so what is the result and are there any warning markers?

Question 44

Dynamic Risk Assessment - LOCALISED FACTORS

Answer 44

LOCALISED FACTORS
You also need to consider:

what has happened – is it likely to happen again?

environmental factors

security/impact issues

equipment – what is available or needed?

Question 45

Police Actions at RTCs

Answer 45

The ACE-CARD mnemonic can be used to help you remember the considerations and actions required when responding to an RTC. This mnemonic is fully outlined in the College of Policing (2018) APP which you read earlier, but to summarise:

A - Approach
–
Where possible approach the scene from the rear. Follow directions from your control room at major incidents.

C - Caution Signs
–
Early advanced warning of incidents through signage, signals and strategic position of vehicles ensures a safer scene for attending units, and the public.

E - Examine the Scene
–
After providing enough advanced warning, signage and having secured the scene it needs to be examined to determine if further assistance is required. This assessment should be repeated at regular intervals.

Use the METHANE mnemonic to help you:

M- Major Incident

E - Exact Location

T - Type of Incident

H - Hazards

A - Access

N - Number of Casualties

E - Emergency Services

C - Casualties
–
Check to ensure that all casualties have been located and details taken before they leave/are removed from the scene.

A - Ambulance
–
Are ambulances, fire and rescue or other partnership agencies required? Do they have access? Do you have all the information that they require upon their arrival?

R - Remove Obstructions
–
Remember that your RTC may be a KSI or major incident, therefore it may need to be secured as a crime scene.

Obstructions to the highway should only be removed when appropriate and at the direction of the Investigating Officer (which may be you at minor RTCs).

D - Detailed Investigations
–
If a KSI or major incident, then a more detailed investigation will be required. This should be carried out in accordance with the College of Policing (2019) APP on Investigating Road Deaths.

As reflective practitioners you should regularly consider your actions and look to develop yourself. When dealing with a KSI, officers involved may take part in an incident de-brief not only to look what was done, how it was achieved and what is next but also to look at officer welfare and ensure the correct support is in place for those who need it.

Question 46

The following is the procedure that is followed when processing a detainee for drink/drug driving at the police station.

Answer 46

Booking in
The suspect will be booked into custody and the Form MGDD/A will be started. During this time a requirement will be made for the suspect to provide two further samples of breath on an approved device (usually referred to as the Evidential Breath Machine (EBM)).

A number of questions will be asked about the suspect’s last drink, smoke, food or other potentially confounding factor. The suspect will also be asked about any possible medical issues that may affect their ability to provide the samples.

Introduction
The following is the procedure that is followed when processing a detainee for drink/drug driving at the police station.

START
Step 1

Booking in
The suspect will be booked into custody and the Form MGDD/A will be started. During this time a requirement will be made for the suspect to provide two further samples of breath on an approved device (usually referred to as the Evidential Breath Machine (EBM)).

A number of questions will be asked about the suspect’s last drink, smoke, food or other potentially confounding factor. The suspect will also be asked about any possible medical issues that may affect their ability to provide the samples.

Step 2

EBM Procedure
The suspect will then provide 2 samples of breath on the EBM which accurately measure the proportion of alcohol on a suspect’s breath. The legal limit in England and Wales is 35 microgrammes of alcohol per 100 millilitres of breath. There are 2 possible results:

If the result of alcohol is below 40 µg/100ml the suspect is released with no further action (to take into account possible margins of error with the machine).

If the result is 40 µg/100ml or above then they are charged with a s5 offence, either immediately or once they are sober enough.

Step 3

Medical Condition
If the custody/testing is satisfied that the suspect is suffering from a medical condition that prevents them from providing samples of breath, then samples of blood or urine can be taken as an alternative.

Step 4

Impairment
If a suspect is arrested under s4 for impairment/unfit through drink or drugs, they can still be taken through the EBM procedure and charged with a s5 or s5A offence if over the limit. However, they may be under the legal limit and still be impaired through drink/drugs. They should be examined by a Force Medical Examiner to test impairment and/or the presence of drink or drugs and charged later.

Question 47

Tyres

Answer 47

Tyres

Defective tyres are one of the main Construction and Use Offences committed in the UK and are a major cause of RTCs (AA, 2017).

To be road legal tyres should:

bullet
Be compatible with the types of tyres fitted to the other wheels

bullet
Not have any lump, bulge or tear caused by separation or partial failure of the structure.

bullet
Not have a cut or tear in excess of 25mm or 10% of the sectional width of the tyre, whichever is the greater, and which is deep enough to reach the ply or cord.

bullet
Not have any part of the ply or cord exposed

bullet
Have a tread depth at least 1.6mm throughout a continuous band in the centre 3/4 of the tread and around the entire circumference

Most of these offences should be visible to the untrained eye, and some examples are included below.

The tread depth can be checked using the 20p test:

Question 48

Lights

Answer 48

Lights

For the purpose of this section the law regarding the fitting and use of lights is to be found in the Road Vehicles Lighting Regulations 1989. The main lights on a vehicle are divided into:

Headlamps (main beam and dipped)

Front and rear position lamps (side lights)

Front and rear fog lamps

Stop lamps (brake lights)

Reversing lamps

Optional lamps

Rear registration plate lamps.

Question 49

Poor Maintenance and Dangerous Condition

Answer 49

Poor Maintenance and Dangerous Condition

As well as specific offences regarding items such as tyres, lights, brakes etc there are offences which cover general vehicle faults.

Bodywork and parts must be secure, have no protruding, ragged or sharp edges that could cause injury or collisions. Most of these categories fall under the offence of “using a vehicle in a dangerous condition” (s.40A Road Traffic Act 1988).

Question 50

S41D Road Traffic Act 1988

Answer 50

S41D Road Traffic Act 1988
–
Breach of Requirements as to Control of Vehicle, Mobile Telephones etc – s41D Road Traffic Act 1988

A person who contravenes or fails to comply with a construction and use requirement—

(a) as to not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead, or not causing or permitting the driving of a motor vehicle by another person in such a position, or
(b) as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device,

is guilty of an offence.

Whilst part (b) of the section refers specifically mobile phones, part (a) also covers any other distraction which causes the driver to ‘not give proper control’.

Question 51

Reg 110 Road Vehicles Regulations 1986

Answer 51

Reg 110 Road Vehicles Regulations 1986
–
Driving a Motor Vehicle on a Road whilst using Hand-Held Phone – Reg 110 Road Vehicles (Construction and Use) Regulations 1986

(1) No person shall drive a motor vehicle on a road if he is using—
(a) a hand-held mobile telephone; or
(b) a hand-held device of a kind specified in paragraph (4).
(2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using—
(a) a hand-held mobile telephone; or
(b) a hand-held device of a kind specified in paragraph (4).
(3) No person shall supervise a holder of a provisional licence if the person supervising is using—
(a) a hand-held mobile telephone; or
(b) a hand-held device of a kind specified in paragraph (4),

at a time when the provisional licence holder is driving a motor vehicle on a road.

(4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.

Question 52

Hand-Held Mobile Phone

Answer 52

Hand-Held Mobile Phone
–
Regulation 110(6)(a) states that a mobile phone or device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call, or performing any other interactive communication function.

The term “mobile phone” will cover cell-phones and smart phones.

Question 53

Hand-held Device

Answer 53

Hand-held Device
–
Regulation 110(4) defines a hand-held device as a device which performs an interactive communication function by transmitting and receiving data. This does not include a two-way radio using specific frequencies as set out in Regulation 110 (6)(d).

Regulation 110(6)(c) provides a non-exhaustive list of “interactive communication functions” such as: sending or receiving oral or written messages, sending or receiving facsimile documents, sending or receiving still or moving images, and providing access to the internet. As internet communication is included, the interaction does not therefore have to be with another person.

Question 54

Use

Answer 54

Use
–
A phone or device will be in use where it is making or receiving a call or performing any other interactive communication function whether with another person or not.

The particular use to which the mobile phone must be put is not defined as an element of the offence. The prosecution must merely prove that the phone or the other device was hand-held by the person at some point during its use at a time when the person was driving a vehicle on a road.

It therefore follows that the phone or device does not need to be seized before a prosecution can be brought.

Question 55

Stationary Vehicles

Answer 55

Stationary Vehicles
–
Under existing case law, a person may be regarded as driving whilst the engine is running, and the vehicle is stationary. This means that an individual stopped at a traffic light could be prosecuted for a mobile phone offence. The intention of the legislation is to promote road safety.

The test for “driving” is a combination of whether an individual is in a substantial sense controlling the movement and direction of a vehicle and the general meaning of the word “drive”.

Answer 56

Emergency Calls
–
Regulation 110(5) provides that no offence is committed where a person makes a call to the emergency services on 999 or 112 in response to a genuine emergency, where it is unsafe or impracticable for him (or the provisional licence holder) to cease driving whilst the call is made.

Question 57

ACE-CARD

Answer 57

A - Approach
\+
C - Caution Signs
\+
E - Examine the Scene
\+
C - Casualties
\+
A - Ambulance
\+
R - Remove Obstructions
\+
D - Detailed Investigations

Question 58

163Power of police to stop vehicles

Answer 58

163Power of police to stop vehicles
(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. (2)A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform.