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Police Exam.3 > Roads Policing > Flashcards

Roads Policing Flashcards

1
Q

What is the definition of a reportable RTC within the Road Traffic Act of 1988

A

Owing to the presence of a mechanically propelled vehicle
On a road or other public place, an accident occurs by which;
• Personal Injury is caused to a person other than the driver of that vehicle or,
• Damage is caused to a vehicle other than that vehicle or a trailer drawn by it or,
• Damage is caused to an animal other than to an animal on that vehicle or trailer drawn by it,
• Damage is caused to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road is situated.

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2
Q

Road Traffic Act 1988 (Section 192.1) Defines “A Road” as….

A

“…any highway and any other road to which the public has access, and includes bridges over which the road passes”

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3
Q

Road Traffic Act 1988 (Section 192.1) Defines “A Highway” as….

A

“The whole or part of a highway other than a ferry or waterway, where a highway passes over a bridge, through a tunnel, that bridge or tunnel is to be taken for the purposes of the act to be part of the highway”

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4
Q

Define “A Driver”

A

Includes a person who takes a vehicle out on a road and remains the driver until s/he finishes their journey.

A person can still be considered a driver even though they have finished their journey and turned the engine off.

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5
Q

What Animals are covered by The Road Traffic Act 1988. ?

CHAMPS DG

A

Cow / Horse / Ass / Mule / Pig / Sheep / Dog & Goat

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6
Q

Only 2 Parts of legislation cover driving licenses…

Which 2?

A

• Part 3 Road Traffic Act 1988
(* The Primary Part *)

• Motor Vehicle Driving Licenses Regulations 1999

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7
Q

Motor Vehicle Driving Licenses Regulations 1999 deals primarily with what…?

A

The different categories of licenses and the various driving tests.

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8
Q

Section 87(1) Road Traffic Act states;
“It is an offence for a person to….”
What?

A

“…drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class.”

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9
Q

Section 87(2) Road Traffic Act states;
“It is an offence for a person to….”
What?

A

“…cause or permit another person to drive on a road a motor vehicle of an class otherwise than in accordance with a licence….”

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10
Q

Section 87 (2) Road Traffic Act states it’s an offence to “…cause or permit another person to drive on a road a motor vehicle of an class otherwise than in accordance with a licence….”

Provide an example of;

a. ‘Cause’
b. ‘Permit’

A

a. Cause: An employer knowing his staff member doesn’t have the appropriate licence, but tells them to drive a vehicle.
b. I permit my friend to drive my vehicle even though I know they don’t have the correct licence to do so.

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11
Q

What does R v McDonagh 1974 state regarding “to drive” ?

A

It is the ‘essence’ of driving, using the driver controls to direct the movement of the vehicle however the movement is produced.

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12
Q

4 Stipulation’s for Learner Drivers

A
  1. Must clearly display L Plates.
  2. No Trailers permitted.
  3. Must be supervised by a qualified driver.
  4. Motorcyclists must not have a pillion
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13
Q

Learner drivers must be supervised by a qualified driver.

What does the road traffic determine as ‘qualified’ ?

A
  • They must be over 21yrs.
  • Hold a full relevant licence.
  • Have over 3yrs experience (from passing their own test).
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14
Q

Can a registered disabled person be classed as a qualified driver for the purposes of supervising a learner ?

A

Yes.

  • Provided they could take over steering and braking if necessary. *
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15
Q

What is the primary piece of legislation that covers driving licences ?

A

Part 3, Road Traffic Act 1988

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16
Q

Upon attendance at a scene we should apply the CLEAR Initiative.
What does CLEAR refer to ?

A

Collision : The Type & Severity

Lead : Take Control of the Situation

Evaluation : ‘Scale & Size’ - assess & protect the scene - injuries…

Act : What are we going to do? Close road, first aid, protect evidence.

Reopen : The road or carriageway

17
Q

Police are the agency that takes primacy at an RTC under certain circumstances…

A
  • If there is death or injury (including suicide).
  • There is suspected or alleged criminality.
  • Threats to public order.
  • Occurrences where the powers in law, or skills of an officer are required.
18
Q

Section 103 of the Road Traffic Act 1988 states;
“A person is guilty of an offence if while disqualified from obtaining or holding a licence, he….”

Does what 2 things?

A
  1. Obtains a licence.

2. Drives a motor vehicle on the road.

19
Q

Name some ways someone may be disqualified from driving…

A

⏺ Penalty Points. (12 or more in a 3yr period).
⏺ DTTP - Disqualified Until Test Passed.
⏺ Disqualified where driving is involved in serious crime.
⏺ Obligatory
⏺ Discretionary

20
Q

Drivers are automatically disqualified if they commit any MAD COW offences.

Name the MAD COW offences…

A

M anslaughter
A ggravated Vehicle Taking
D angerous Driving

C ausing Death By Dangerous Driving
O ver the limit of alcohol (or refuse specimen)
W hilst Unfit Through Drink Or Drugs

21
Q

The difference between Use, Cause, Permit is often asked in exams.
What are the differences…?

A

Use. “The Driver Always Uses” but, a business may also be considered to be using if the vehicle is being used in the course of their normal business.

Cause. If a business knows the vehicle is not road worthy, or ask an employee to drive a vehicle they don’t have a licence to drive.. they would have ‘caused’

Permit. If you permit your friend to drive your car without insurance.
Or, you ask your learner driver friend to drive your car with no L Plates displayed.

22
Q

Schedule 1 of the RTA 1988 referees to NIP.

Notice of…. What?

A

Notice of Intended Prosecution

23
Q

What are the Offences that require an NIP ?

DEFFLA

A

D : Dangerous, careless or inconsiderate driving or cycling.

E : Exceeding the speed limit.

F : Failure to conform to direction given by a PC engaged in regulation of traffic.

F : Failure to conform to certain traffic signs.

L : Leaving vehicle in a dangerous position.

A : Aiding and abetting any of the above offences.

24
Q

How is a Notice of Intended Prosecution served?

A

Verbally.
On the offender, at the time of the offence.
&/or serving written notice on the driver or R.O. within 14 Days
Serving a summons on the offender within 14 days of the offence.

25
Q

There is no specified phrase when serving an NIP - what is the suggested format we should use?

A

“You will be reported for consideration of the question of prosecuting you for… (then state the specific offence).”

26
Q

When issuing a T.O.R. we would employ “POCLAROC” as a best practice model.
What are the points of “POCLAROC” ??

A

P : Point Out the
O : Offence (using simple language)
C : Caution (use the ‘when’ caution & note any reply)
L : Legals (tell them they’re not under arrest, & don’t have to stay)
A : Admin (obtain name/dob/address & complete paperwork)
R : Report for the
O : Offence
C : Caution (use the ‘now’ caution, no more questions - not even ‘do you understand?)

27
Q

In the context of ‘roads policing’ (& TORS) a MINOR OFFENCE means that 1 or more of the following must be met…
(3)

A

…there is;

  1. No danger to another person.
  2. No other party is involved.
  3. it’s at a time where there is little traffic on the road.
28
Q

What are “The Fatal 5” ?

A 
1️⃣ Drink/Drug Driving 🍻💊
2️⃣ Speeding 🚗💨
3️⃣Not wearing a seatbelt 💥
4️⃣ Using a mobile phone 📲
5️⃣ Dangerous Driving 🚔
29
Q

Section 165 Seizure can be made on 3 counts… what are they?

A
  • Driving without insurance.
  • Driving not in accordance with a licence.
  • Failure to stop for an officer.

(Vehicle is recovered at drivers cost and they have to produce licence, insurance & possibly ownership).

30
Q

If a vehicle fails to stop - it can only be seized within a period of….?

A

24hrs (from the time of the offence)

Police Exam.3 (1 decks)

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