Roads Policing Definitions Flashcards
Definition of a vehicle
Can be any carriage or conveyance
Definition of a mechanically propelled vehicle
A vehicle that has been designed to be propelled mechanically
Definition of a motor vehicle
An MPV that is intended or adapted for use on roads
Definition of a road
Any highway or any other road to which the public has access and includes any bridges over which a road passes
Section 192(1) Road Traffic Act 1988
Definition of a Highway
The whole or part of a highway other than a ferry or waterway. Where a highway passes over a bridge or through a tunnel, that bridge or tunnel is to be taken for the purpose of this act to be a part of the highway
Section 170(1) Road Traffic Act 1988
Owing to the presence of a mechanically propelled vehicle (MPV) on a road or other public place, an accident occurs whereby:
Personal injury is caused to a person (other than the driver of the MPV)
OR
Damage is caused to:
A vehicle (Other than the MPV or any trailer drawn by it)
OR
An animal (Other than one in or on the MPV or any trailer drawn by it)
OR
Any property constructed on, fixed to, growing in or otherwise forming part of the land which the road or other place in question is situated or land adjacent to such land
Section 1 RTA 1988
A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence
Section 1A RTA 1988
A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence
Section 2 RTA 1988
A person who drives a mechanically propelled vehicle dangerously on a road or a public place is guilty of an offence
Section 2B RTA 1988
A person who causes the death of another person by driving a mechanically propelled vehicle without due care and attention or without reasonable consideration for other persons using the road or place is guilty of an offence
Section 3 RTA 1988
If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention or without reasonable consideration for other persons using the road or place they are guilty of an offence
Section 4 RTA 1988
A person who drives or attempts to drive or is in charge of a mechanically propelled vehicle on a road or other public place whilst unfit to drive through drink or drugs commits an offence
Section 5 RTA 1988
A person who drives or attempts to drive or 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 their breath, blood or urine exceeds the prescribed limit commits and offence
Section 5A RTA 1988
A person who drives or attempts to drive or is in charge of a motor vehicle on a road or other public place and there is in the person’s body a specified controlled drug, they commit an offence if the proportion of the drug in their blood or urine exceeds the specified limit for that drug
Section 6(6) RTA 1988
A person who, without reasonable excuse, fails to cooperate with a requirement to provide a preliminary test in pursuance of a requirement imposed under this section commits an offence
Section 6E RTA 1988
A constable may enter any premises, using reasonable force if necessary, in order to require a person reasonably believed to have been driving, attempting to drive or in charge of a vehicle at the time of the accident or arrest a person who has provided a positive breath test or arrest a person who has failed to cooperate with a requirement to take one or more of the preliminary tests and who the constable reasonably suspects has alcohol or a drug in their body or is under the influence of a drug
Section 6D(1) RTA 1988
A constable may arrest a person without warrant if, as a result of a preliminary breath test, the constable reasonably suspects that the proportion of alcohol in the person’s breath or blood exceeds the prescribed limit
Section 6D(2) RTA 1988
A constable may arrest a person without warrant if the person fails to cooperate with a preliminary test in pursuance of a requirement imposed under Section 6 and the constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug
Section 87 RTA 1988
It is an offence for a person to drive on a road a motor vehicle of any class otherwise than in accordance with a license authorising him to drive a motor vehicle of that class
Section 103 RTA 1988
A person is guilty of an offence if whilst disqualified from holding or obtaining a license he obtains a license or drives a motor vehicle on a road
