Road & Traffic Offences Flashcards
What power allows a constable to stop a vehicle?
Section 163 of the Road Traffic Act 1988
“163 stop for me”
Who can stop a vehicle under 163 RTA 1988?
A constable in uniform
What can a constable stop under Section 163 RTA 1988?
A mechanically propelled vehicle or a cycle
Under what power can you require a driver to provide their licence or details?
Section 164 of the Road Traffic Act 1988
“164, tell me more”
What details can you request under Section 164 of the Road Traffic Act 1988?
- Name
- Date of Birth
- Driving licence
Under what power can you request a driver’s insurance details?
Section 165 of the Road Traffic Act 1988
“165, insured to drive”
Under what power can you seize a vehicle which is uninsured or the driver does not have a valid licence to drive?
Section 165A of the Road Traffic Act 1988
“165A, take it away”
When checking insurance documents what should you check?
Policy cover
Who’s insured
What type of cover (social/domestic/commuting/business)
Purpose of drive on the day of checking
When is it valid
If you do not provide your licence or details at a traffic stop, how long do you have to present your licence at a police station?
7 days
What is the legal limit for the amount of alcohol in a sample of breath?
35mg in 100ml of breath
Section 4 Road Traffic Act 1988: Definition
A person who, when driving, attempting to drive, or in charge of a mechanically propelled vehicle on a road or other public place is unfit to drive through drink or drugs is guilty of an offence.
Section 4 Road Traffic Act 1988: Points to Prove
- Vehicle
- Road/other public place
- Drive/attempt to drive/in charge of
- Driver unfit to drive
- Through drink or drugs
What section covers driving whilst unfit through drink or drugs?
Section 4 of the Road Traffic Act 1988
What year is the Road Traffic Act?
1988
Section 5 Road Traffic Act 1988: Definition
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.
Section 5 Road Traffic Act 1988: Points to Prove
- Motor vehicle
- Road or public place
- Driving, attempting to drive, in charge of
- Alcohol above the prescribed limit
What section covers driving above the prescribed limit for alcohol?
Section 5 of the Road Traffic Act 1988
Section 5A Road Traffic Act 1988: Definition
(1) This 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 specified controlled drug.
(2) 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.
Section 5A Road Traffic Act 1988: Points to Prove
- Drives, attempts to drive, in charge of
- Motor vehicle
- Road or public place
- Specified controlled drug
- Exceeds limit
What section covers drivers above the prescribed limit for drugs?
Section 5A of the Road Traffic Act 1988
What is the difference between Section 4 and Section 5 of the Road Traffic Act 1988?
Section 4 does not need an evidential breath or drugs test, only evidence that the driver is unfit to drive
What are the 2 questions you must ask before doing a breath test?
- Have you eaten anything or had an alcoholic drink in the past 20 minutes
- Have you smoked anything in the past 5 minutes?
What are the four commands you must give before doing a breath test?
- Keep your hands by your side, don’t touch the machine
- Don’t suck or try to cheat the test
- Make a seal around the tube
- 1 continuous blow until told to stop
Also inform that failing to provide is an offence
What are the four possible outcomes from a breathalyser?
- Zero
- Pass
- Alert
- Fail
What are the defences under Section 5 and 5A of the Road Traffic Act 1988?
- No likelihood they would drive the vehicle
- Drugs were medically prescribed and take in accordance with medical advice
When can you request a sample of breath or a drugs test?
- If you suspect they are under the influence
- If they have committed a moving traffic offence
- If they have been involved in a collision
If you suspect someone of being under the influence of alcohol and they provide a positive breath test, can you arrest them? Under what power?
Yes, under Section 6D of the Road Traffic Act 1988
What power of arrest can be used for Section 4 RTA 1988 (unfit to drive)?
Section 24 PACE 1984
If someone fails to provide a breath test, and you suspect them of having had alcohol, what is your arrest power?
Section 6D of the Road Traffic Act 1988
If someone fails to provide a breath test following a moving traffic offence or collision, and you don’t suspect them of having had alcohol, can you arrest them?
No, you must suspect them of having had alcohol/drugs to arrest.
In this case, you would PCR.
When may you arrest under Section 6D of the Road Traffic Act 1988?
- Following a preliminary test, the proportion of alcohol/drug exceeds the prescribed limit
- If they fail to co-operate with a preliminary test and you suspect they have alcohol or drugs in their system
What is the arrest wording for a positive test under Section 5 RTA 1988?
I am arresting you because the breath test is positive and I suspect you of driving (attempting to drive/in charge of a vehicle) having had too much to drink
What is the arrest wording for a positive test under Section 5A RTA 1988?
I am arresting you because the preliminary test is positive and because I suspect you of driving (attempting to drive/in charge of a vehicle) whilst having taken drugs over the prescribed limit
What is the arrest wording for failing to provide a sample of breath?
I am arresting you for failing to take a breath test when you were required to do so and because I suspect you have alcohol in your body
What does Section 6E of the Road Traffic Act 1988 give you the power to do?
Enter any place where you suspect a driver involved in a collision resulting in any injuries is inside, in order to take a breath test, or arrest for a positive breath test or failing to provide
What is the legal limit for the amount of alcohol in a sample of blood?
80mg in 100ml of blood
What is the legal limit for the amount of alcohol in a sample of urine?
107mg in 100ml of urine
Do you have to be in uniform to require a person to take a breath test?
No, but you must be in uniform to deliver the test
