Roads Policing Definitions

Question 1

Definition of a vehicle

Answer 1

Can be any carriage or conveyance

Question 2

Definition of a mechanically propelled vehicle

Answer 2

A vehicle that has been designed to be propelled mechanically

Question 3

Definition of a motor vehicle

Answer 3

An MPV that is intended or adapted for use on roads

Question 4

Definition of a road

Answer 4

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

Question 5

Definition of a Highway

Answer 5

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

Question 6

Section 170(1) Road Traffic Act 1988

Answer 6

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

Question 7

Section 1 RTA 1988

Answer 7

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

Question 8

Section 1A RTA 1988

Answer 8

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

Question 9

Section 2 RTA 1988

Answer 9

A person who drives a mechanically propelled vehicle dangerously on a road or a public place is guilty of an offence

Question 10

Section 2B RTA 1988

Answer 10

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

Question 11

Section 3 RTA 1988

Answer 11

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

Question 12

Section 4 RTA 1988

Answer 12

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

Question 13

Section 5 RTA 1988

Answer 13

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

Question 14

Section 5A RTA 1988

Answer 14

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

Question 15

Section 6(6) RTA 1988

Answer 15

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

Question 16

Section 6E RTA 1988

Answer 16

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

Question 17

Section 6D(1) RTA 1988

Answer 17

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

Question 18

Section 6D(2) RTA 1988

Answer 18

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

Question 19

Section 87 RTA 1988

Answer 19

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

Question 20

Section 103 RTA 1988

Answer 20

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