Road Vehicle (Construction and Use) Flashcards
Use (vehicle)
Driver always uses vehicle
Owner uses vehicle if…
-Driving
-Passenger
-When vehicle is being used by an employee in the course of company business.
Causing (to use vehicle)
-Position of authority over someone and orders that person to use the vehicle.
Important to show person causing:
1) Knew the vehicle was being used on a road
2) Was aware or should be aware of the defect
3) Caused the vehicle to be used.
Permit (to use vehicle)
Permission can be given written, verbally and inferred.
3 proving points
1) Knew the vehicle was being used on a road
2) Was aware or should be aware of the defect
3) Permitted the vehicle to be used.
Aid and Abet (Vehicle)
Someone who assists in the commission of an offence (e.g. friends installs illegal horn etc)
Exception (Vehicle)
Not necessary to prove the owner knew the vehicle was being used on a road or that they were aware there was no insurance for the vehicle. Only necessary to prove cause of permit use of vehicle.
Tyre Offences - S.27(1) Road vehicles (Construction and Use) Regulations 1986
Tyre Offences
1) Tread pattern less than 1.6mm over central 3/4 of the breadth around entire centre circumference
2) Cut in excess of 25mm (10% of Tyre)
3) Portion of ply or cord exposed
4) Lump/bulge or tear
5) Unsuitable for use (Under-inflated)
6) Same size and type on each axle
Exhausts - S.54(2) Road vehicles (Construction and Use) Regulations 1986
Every exhaust system and silencer shall be maintained in good and efficient working order,
AND
Shall not after the date of manufacture be altered so as to increase the noise made by the escape of exhaust gases
Horns - S.37(10) The Road Vehicles (Construction and Use) Regulation 1986
Fitted to all vehicles with maximum speed in excess of 20 mph
A horn is not a bell, gong, or siren but an instrument that gives a sound that is uniform and continuous and not strident.
Lights on Vehicle - sch.1 The Road Vehicles Lighting Regulation 1989
OBLIGATORY
-Headlamps
-Position lamps
-Rear stop lamps
-Direction indicators
-Hazard warning signal
-Rear registration lamp
-Rear fog lamps
-Rear reflectors
-DRLs (Daytime Running Lamps)
Optional
-Front fog
-Reversing lamp
-Driving lights
-Internal light
-Side marker lights
-Optional/additional headlamps, rear and brake lights
Stop Lamps and Headlights
Stop Lamps (Brake lights)
-Indicate brakes have been applied
Headlights
-Fitted and symmetrical
-Yellow or white same colour and intensity
-Switched off when parked
-Not dazzle other road users
-Front of vehicle.
Hazard Warning Signal - S.27(3) The Road Vehicles Lighting Regulations 1989
Must be fitted to all vehicles after 01/04/1986 unless exempt and can only be used:
-While stationary to warn of temporary obstruction
-Motorway or dual carriageway to warn of temporary obstruction
-Bus summoning police assistant
-School bus if statutory signs displayed.
Brakes, Wipers and Washer - S.18(1) & S.34(6) The Roach Vehicle (Construction and Use) Regulation 1986
Every part of brake system, wiper and washer whilst used on a road shall be maintained in good and efficient working order.
Using a Vehicle or Trailer in a Dangerous Condition - S.40(a) Road Traffic Act
Person uses, causes or permits another to use motor vehicle or trailer on the road when:
a) The CONDITION of the vehicle or trailer or its accessories or equipment or
b) The purpose for which it is used or
c) The number of passengers carried by it, or the manner in which they are carried or
d) The weight, position or distribution of its load, or the manner in which it is secured is such that the use of the motor vehicle or trailer involves danger of injury to any person.
“Danger of Injury” - S.40(a) Road Traffic Act
Actual danger of injury not possible danger. A ‘competent and careful motorist’ wold have appreciated there was a danger.
“Dangerous Condition” - S.40(a) Road Traffic Act
Vehicle and trailer shall at all times be in such condition No danger is caused or is likely to be caused to any person in or on the vehicle or trailer or on a road.
Insecure Load
-Carried by a motor vehicle/trailer shall at all times be so secured and if necessary by physical restraint other than its own weight and be in a position that neither creates danger/nuisance to person/property.
Improper Use (Vehicle)
No motor vehicle/trailer shall be used for any purpose for which it is so unsuitable as to cause or likely to cause danger or nuisance to any person in or ont he vehicle or trailer or on a road
Unnecessary Obstruction
No person shall permit the vehicle to stand on a road to cause unnecessary obstruction.
Wilful Obstruction - S.137 Highway Act 1980
If a person without lawful authority or excuse wilfully obstructs the free passage along a highway he is guilty of an offence.
“lawful authority’ or ‘excuse’ is for court to decide.
Leaving Vehicle in Dangerous Position - S.22 Road Traffic Act 1988
It is an offence for a person to or cause or permit the vehicle/trailer to remain at rest in a road:
-In a position, condition or circumstances
As to involve a danger of injury to other persons using the road.
Leaving a Motor Vehicle Unattended (Quitting)
No person shall leave or cause or permit to be left on a road a motor vehicle which is not attended by a person licensed to drive it, unless the engine is stopped and any parking brake is equipped.
Opening Doors to the Danger of Others
No person shall open, or cause or permit to be opened, any door of a vehicle on a road so to injure or endanger any person.
Motorcycle Helmets - S.16(4) Road Traffic Act 1988
-If you are driving or riding on a 2 wheeled motorcycle on a road you must wear a helment (passengers/sidecar do not have to wear helmet and neither does a Sikh wearing a turban. No helmet is needed for pushing on foot.
