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
