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Police > Roads Policing > Flashcards

Roads Policing Flashcards

1
Q

Define ‘driving’

A

Person is held to be driving when they are in control of the speed and direction of the vehicle

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2
Q

Define ‘motor vehicle’

A

Means a mechanically propelled vehicle, intended or adapted for use on a road.

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3
Q

Define ‘public road’

A

Any road which a roads authority has a duty to maintain

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4
Q

Define ‘road’

A

Any way (other than a water way) over which there is a public right of passage, whether subject to a toll or not, and includes the roads verges, and any bridges (whether temporary or permanent), over which or tunnel through which, the road passes and any reference to a road shall include parts thereof.

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5
Q

Insurance - RTA 1988 S.143 - Offence

A

Creates an offence for a person to use, or cause or permit someone to use a MV on a road or public place without 3P insurance

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6
Q

Insurance - RTA 1988 S.165, 165A - Police Powers

Failure to provide?

A

Constable has power under 165 to require produce certificate of insurance from:

  • anyone driving a MV on a road
  • anyone for which there is reasonable cause to believe they have committed a RT offence
  • anyone you reasonably believe to have been the driver of an mv at the time of an RTC occurring on a road or other public place.

S.165A - Power to seize vehicle of being driven on road.

Offence to fail to produce documents, but note HO/RT1 procedure r.e. production of insurance cert. within 7 days of request / as soon as reasonably practical at police station (doesn’t have to be in person)

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7
Q

Insurance - S.143 Defence

A

Defence: Must prove:

1) The vehicle didn’t belong to the driver
2) It wasn’t leased by the driver
3) It was being used for work purposes
4) Driver didn’t know nor have reason to believe vehicle wasn’t insured.

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8
Q

Insurance - Exempt vehicles

A

Local authority and Police vehicles, Crown vehicles, vehicles for whom the owner has deposited £500,000 with the Supreme Court, vehicle being used for policing purposes.

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9
Q

Test certificates - RTA 88 S.47 , Offence

A

Creates offence for someone to use, or cause or permit a vehicle to be used on a road, without a valid test certificate

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10
Q

Test certificates 1) When required?

2) Exemptions

A

1) Required by vehicle 3 years after registration, and annually thereafter. If vehicle was used prior to registration, it must be MOT’d 3 years from date of manufacture.
Regardless, for imported vehicles, they must be registered, but the date for MOT is 3 years from date of manufacture and annually thereafter
2)Vehicles being driven to MOT, being driven away from MOT to get sorted/place of repair, police vehicles, seized vehicles

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11
Q

Test Certificate and Insurance certificate - RTA S.165 Power
- Offence to…

A

Constable has power under 165 to require produce test certificate or insurance certificate from:

  • anyone driving a MV on a road
  • anyone for which there is reasonable cause to believe they have committed a RT offence
  • anyone you reasonably believe to have been the driver of an mv at the time of an RTC occurring on a road or other public place.

Offence to fail to produce documents, but note HO/RT1 procedure r.e. production of insurance cert. within 7 days of request / as soon as reasonably practical at Police station (doesn’t have to be in person)

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12
Q

RTA 88 S.87 Offence

A

Offence to drive, or cause or permit another person to drive any class of mv on a road, otherwise than in accordance with a license which authorises them to drive a vehicle of that class.

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13
Q

RTA 88 S.103 Offence

Appropriate police response?

A

Creates an offence for a person to obtain a drivers license or drive a MV while disqualified.
Should arrest under S.1 Crim justice s aCT 2016.

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14
Q

RTA 88 S.164 - Police power for production of what?

- And when?

A

Constable has power under 164 to require produce driving licence from:

  • anyone driving a MV on a road
  • anyone for which there is reasonable cause to believe they have committed a RT offence
  • anyone you reasonably believe to have been the driver of an mv at the time of an RTC occurring on a road or other public place.
  • Or if a person is supervising a provisional license holder, in any of the 3 circumstances above

Offence to fail to produce documents, but note HO/RT2 procedure r.e. production of insurance cert. within 7 days of request / as soon as reasonably practical at Police station (in person)

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15
Q

Duty to give info - RTA 88 S.172
‘Relevant offences’
‘Certain person’
Failure of person to comply?

A
  • Provides that where a driver is alleged to have committed a relevant offence, then a Constable may require certain people to provide information as to the identity of the driver at the time of the offence.
  • ‘Relevant offence’ - basically any RTA offence
  • ‘Certain person’ - registered keeper or any other person who may have the information.
  • Anyone who fails to comply shall be guilty of an offence
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16
Q

Duty to Give Info - RTA 88 S.172

  • Defences
  • Procedure and practicalities
A

Defences - Person can prove they do not know ID of driver and this could not be ascertained through reasonable diligence, who the driver was at the material time
Practicalities - Explain S.172, make requirement, note reply, get it corroborated

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17
Q

Warning of Intended Prosecution

A
  • Give in person at time of offence
  • If notice is to be given in writing, must be served within 14 days
  • If accused cannot be traced it must be proved by prosecution that all efforts to trace failed or that they failed due to acts of accused.
18
Q

Reportable Road Collisions - S.170 RTA 88

A

If while driving a MPV, a collision occurs, it is reportable when:

  • There is injury to a person other than the driver
  • There is damage to property (not moveable) on or near a road
  • There is damage to another vehicle
  • When there is injury to an animal not in the vehicle
19
Q

Reportable Collisions - Drivers Duties
RTA 88 S.170(2)
S.170(6)

A

170(2) - Stop and tender details to other party, or anyone else who may ask for them with reasonable grounds. Details include drivers name and address, vehicles VRM, and registered keepers name and address.
170(6) - if failure to comply with 170(2), Report ASAP and in any case to a Police station within 24 hours.

Offence to fail to comply with either of these sections

20
Q

Reportable Collisions - Drivers Duties
RTA 88 S.170(2) & S.170(6) - Defence
S.170(5) Duty

A

Defence - If they can prove that they did not know the collision occurred.
S.170(5) Duty - When there has been a reportable RTC where personal injury to another person is involved, the driver must produce their insurance documents to either a Constable or any other person with reasonable grounds.
If not tendered at time, it must be produced at Police Station within 24 hours, or a crime is committed.

21
Q

Seatbelts - Adult Exemptions

A
  • Medical certificate
  • Taxi driver with passengers
  • Police officer / fire officer in course of duties
  • When reversing (or a supervisor supervising a reversing maneouvre)
  • Delivery driver for a company not exceeding 50m per journey and is delivering/collecting goods
  • Person in vehicle under a trade licence to investigate or remedy faults.
22
Q

Seatbelts - Children
A)Rear passenger
B)Front passenger
C)Offence

A

A)Must wear a seatbelt if under 12 y/o and <135cm, with appropriate restraint.
Exemptions if medical, taxi, child under 1y/o in a cot, no seatbelt available, or other children are using them.
B)Must wear a seatbelt if under 12 y/o and <135cm, with appropriate restraint.
Exemptions if medical
C) If child is <14 then charge the driver, otherwise charge the child (specific to this legislation)

23
Q

Mobile Telephones - Road Vehicle (Constructions and Use) Regulations 86 Reg 110.
A)Offence
B)Exemptions

A

A) 110(1) - Creates offence for a person to use mobile telephone, or other hand held device while driving a MV.
110 (2) - Offence to cause or permit the same.
1110 (3) Offence where the supervising driver of a learner is on phone).
B) if it is to phone emergency services, in response to a genuine emergency, and it is unsafe or impractical to cease driving while making the call.

24
Q

Conditional Offers
A) Endorsable v Non-endorsable
B)Issuing by ; PC, PF

A

A) Endorsable means you can get points on your license, whereas non-endorsable does not.
B) PC can issue in person if FPN offence committed or send one,
PF, upon receiving a report that offence has been committed, they may send a conditional offer of FP to the offender

25
Q

Conditional Offer - Requirements (5)

A

1) Give reasonable info to accused about offence
2) State FPN amount
3) State which Clerk is to be paid
4) State that proceedings can’t be commenced until 28 days from issue of FPN
5) Must indicate that no further action will be taken, if:
- FPN paid on time
- if endorsable, they send their DL
- If Clerk is then satisfied that the offender isn’t liable for DQ under totting up procedure.

26
Q

Vehicle Defects - Tyres
Road Vehicles (Construction & Use) Regs 1986, Reg 27
UNCLE pneumonic

A

Offence to drive, or cause or permit someone to drive a MV on a road where;

  • the tyres are not suitable for the vehicle
  • they are over or under inflated
  • they have a bulge, lump or tear
  • any part of the ply or chord is exposed.
  • tyre has a cut deep enough to reach the ply chord which is in excess of 2mmm or 10% of the tyre.
27
Q

Conditional Offers / Defects and the VDRS
A) Purpose
B) Mandatory?

A

A) Gives driver opportunity to avoid prosecution by having defect rectified to approved standard.
B) Scheme is voluntary. if offender doesn’t participate, just report in the usual manner.

28
Q

RTA 88 S.1 offence

- Must prove?

A
  • Offence for any person to cause the death of a person by driving a MPV dangerously on a road or other public place.
  • Must prove there was dangerous driving which was at least a cause of death (may be other factors)
29
Q

RTA 88 S.2 Offence

A

Creates offence for any person to drive a MPV on a road or other public place dangerously.

30
Q

RTA 88

  • Define ‘Dangerous’
  • to what does ‘dangerous’ refer?
A

-If a competent and careful driver would consider:
A) that the driving falls below their standards AND
B) would consider the driving dangerous OR
C) the current state of the vehicle being driven is dangerous.

  • Dangerous refers to potential for injuryy to person or serious damage to property.
31
Q

RTA 88 Careless Driving

1) S.3
2) S.2B

A

1) Creates offence for any person to drive a MPV on a road or other public place without due care and attention OR without reasonable consideration to other people using the road or public place.
2) Offence to cause death by careless driving

32
Q

RTA 88 - S.3A -

1) Offence and
2) requirements

A

1) Creates offence for any person to cause the death of another person by driving a MPV on a road or other public place without due care and attention OR without reasonable consideration to other people using the road or public place. AND
2) -Driver is at the time unfit through drink or drugs OR
- Alcohol in body exceeds prescribed limits OR
- fails to provide specimen within limits of S.7 RTA without reasonable excuse (alcohol) OR-fails to provide specimen within limits of S.7A RTA without reasonable excuse (drugs)

33
Q

RTA 88 S.3ZB - Offence

A

Causing death by Driving whilst unlicensed, DQ or uninsured (S.87(1), S.103(1)(B), S143, RESPECTIVELY)

34
Q

RTA 1988 - Drink Driving
A) S.5
B) Limits

A

A) Creates offence for any person to drive, attempt to drive or be in charge of a vehicle on a road or public place after having consumed alcohol in such quantity that the proportion of alcohol in their B,B or U exceeds the prescribed limits
B) 22 micrograms of alcohol in 100ml of breath
50 miligrams in 100ml of blood
67 milligrams in 100ml of urine

35
Q

RTA 88 - Drink Driving
A) S.6 Requirement
B) S.6 (6) Offence

A

A) Constable in uniform may require person who has been driving, attempting to drive, or has been in charge of a MV, on a road or public place to;
supply a specimen of breath for a test if Constable has reasonable cause to suspect that:
1) The person has alcohol in their body
2) The person has committed a moving traffic offence
3) The person was involved in an RTC.

B) Offence without reasonable excuse to not provide a specimen.

36
Q

RTA 88 - Drink Driving
A) Power to entry premises
LA Guidelines

A

A) - If Constable has reason to believe a suspect is within premises they may enter by force to obtain and preserve evidence when:

1) in any case involving an RTC
2) In cases where the person is suspected of committing any drink driving offence and the police are in hot pursuit.

37
Q

RTA 88 - Drink Driving
a)When do you take a blood or urine sample?
B)S.7 Offence

A

A)- When Constable believes there is a reasonable excuse for person not supplying breath sample,

  • When breathalyser is not functioning
  • When Constable has reasonable belief results are incorrect.

B)Offence to not provide without reasonable excuse

38
Q

RTA 88

S. 165A

A

Where vehicle is stopped on a road and driver had been required to produce DL or insurance certificate but has failed to do so, and you have reasonable suspicion they are coming an offence under S.87 or S143, you may seize vehicle. Driver should also be C+C’d with relevant offence at this time.

Power to seize vehicle only where it is being driven on a road.

Before seizing warn driver it will be seized unless documents produced immediately

39
Q

RTA S.6 - Power of Arrest

  • Depends on??
  • Power used when?
A

Whether or not a person will be arrested on suspicion of a S.5 drink driving offence will depend on result of requirement to provide a breath specimen

Arrest power under S.6 should only be used when:

  • they provide a positive breath test or
  • they fail or refuse to provide one and Constable suspects their body contains alcohol.
40
Q

RTA 88

S. 4 Offence

A

It is an offence for any person to drive, or be in charge of a MOV, while on a road or public place whilst unfit through drink or drugs

Police (4 decks)

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