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Summative Assessment 2 > Roads Policing Legislation > Flashcards

Roads Policing Legislation Flashcards

1
Q

S170 (1) Road Traffic Act 1988

A

Section 170 of the Road Traffic Act 1988 imposes obligations on drivers of mechanically propelled vehicles who are involved in road accidents.

170(1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road or other public place an accident
occurs by which -

(a) personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or

(b) damage is caused-

(i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or

(ii) to an animal other than an animal in or on that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or

(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road or place in question is situated or land adjacent to such land.

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2
Q

S170 (2-4) Road Traffic Act 1988

A

170(2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring,
give his name and address and also the name and address of the owner and the identification marks of the vehicl
e.
170(3) If for any reason the driver of the mechanically propelled vehicle does
not give his name and address under subsection (2) above, he must report the accident.

170(4) A person who fails to comply with subsection (2) and (3) above is guilty
of an offence.

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3
Q

S170 (5-7) Road Traffic Act 1988

A

170(5) If, in a case where this section applies by virtue of subsection (1)(a) (personal injury), the driver of a motor vehicle does not at the time of the
accident produce such a certificate of insurance or security, or other evidence,
as is mentioned in section 165(2)( a) of this Act -
(a) to a constable, or
(b) to some person who, having reasonable grounds for so doing, has required him to produce it, the driver must report the accident and produce such a certificate or other evidence. (see note (iv))

170(6) To comply with a duty under this section to report an accident or to
produce such a certificate of insurance or security, or other evidence, as is
mentioned in section 165(2)(a) of this Act, the driver-(a) must do so at a police station or to a constable, and
(b) must do so as soon as is reasonably practicable and, in any case, within
twenty-four hours of the occurrence of the accident.

170(7) A person who fails to comply with a duty under subsection (5) above is
guilty of an offence.

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4
Q

S170 (8) Road Traffic Act 1988 Animal Definition

A

170(8) In this section animal means horse, cattle, ass, mule, sheep, pig, goat or dog

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5
Q

S1 Road Traffic Act 1988 Death by Dangerous Driving

A

A person who causes the death of another:
- Must be driving a mechanically propelled vehicle.
- Dangerous on the road - Falls far below expected standard driver in that way conditions or circumstance.
- Causes death - causal link needed only
- Does not have to be intended or adapted for road use.
- Public place or highway
- Can include fetus.

14 years, 2 year ban

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6
Q

S1A Road Traffic Act 1988 Dangerous Driving resulting in serious injury

A

A person who causes the death of another:
- Must be driving a mechanically propelled vehicle.
- Dangerous on the road - Falls far below expected standard driver in that way conditions or circumstance.
- Causes death - causal link needed only
- Serious Injury - GBH meaning - permanent disfigurement.
- Public place or highway
- Pre existing conditions can be dangerous eg diabetes

14 years, 2 year ban

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7
Q

S2 Road Traffic Act 1988 Dangerous Driving

A

A person who drives a mechanically propelled vehicle.
- Dangerously - falls far below the standard of a reasonable driver in a way or in current conditions.
- On a road or public place

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8
Q

S28 Road Traffic Act 1988 Causing death by dangerous driving

A

Caused death of a person
-A person who drives a mechanically propelled vehicle.
Public place or road
Without reasonable due care and attention/ consideration for other drivers.
CARELESS - falls below the standard
CONSIDERATION - must be inconvenienced.
BREACH TRAFFIC REGULATIONS

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9
Q

S3 Road Traffic Act 1988 Driving without due care and attention

A

Driving a mechanically propelled vehicle.
- Public or road
– Without reasonable due care and attention/ consideration for other drivers.
CARELESS - falls below the standard
CONSIDERATION - must be inconvenienced.
BREACH TRAFFIC REGULATIONS
- Intent does not matter.

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10
Q

Defences to RTA 1988

A

A
Automatism - Sneeze, bee in car
Sudden Mechanical Error - Steering, brakes
Authorised motor event
Unconsciousness and sudden illness - heart attack, stroke
Duress by threat - knife to throat
Duress by necessity - Baby being born
Assisting in arrest - blocking traffic

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11
Q

What is a Vehicle Identification Number and where can it be found?

A

Chassis number is the unique ID number of a vehicle, also refrers to as a VIN number. It is 17 digits long. This cannot be changed. It is the country and manufacturer ID then vehicle description and unique number

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12
Q

What depth should a tyre be?

A

1.6 or depth of a 20p coin

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13
Q

Section 4 RTA 1988

A

Unfit through drink/drugs

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14
Q

Section 5 RTA 1988

A

Over the prescribed alcohol limit

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15
Q

Section 5A RTA 1988

A

Specified drug driving

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16
Q

Section 6 RTA 1988

A

Preliminary tests
Air
Blood
Urine

17
Q

What are the requirements for someone supervising a learner driver?

A

Age 21 or over and been driving for 3 years

18
Q

What is a mechanically propelled vehicle?

A

A vehicle which is powered by
GAS
OIL
PETROL
ELECTRIC
DIESEL
STEAM

19
Q

What is a motor vehicle?

A

A motor vehicle is a vehicle which is designed for use on a road. E.g requires tax/Mot/insurance

Made or adapted for use on the road

20
Q

What is GOPEDS?

A

GAS
OIL
PETROL
ELECTRIC
DIESEL
STEAM

21
Q

When do you report a road traffic offence?

A

If there is
- injury to another person (not driver)
- damage to other vehicle/animal/property

Don’t have to report own injury or damage to own vehicle

22
Q

What is the time frame for reporting an road traffic accident?

A

Must be as soon as possible but no later than 24hours

23
Q

When do you fill in a RTC Book?

A

1- Death/Injury
2- Offences worthy of prosecution
3- Positive Breathe Test (PBT)
4- Non stop/ Failure to exchange details
5- A police vehicle/animal
6- The collision occurred in another force area

24
Q

What is the drink drive limit?

A

Nationally- 35
WMP- 40

25
Q

What is the drink drive procedure?

A

1- initially road side breathe test
2- positive breathe test arrest and attend custody for evidential breathe test
3- 2 opportunities to blow
4- Failure to blow can result to bloods
5- Failure to provide =Charge

26
Q

What is the hospital drink drive procedure?

A

Must be cleared by the medical professional in charge of the patient to conduct procdure

27
Q

What is the drug drive process?

A

1- Suspect drug use (SHACKS)
2- Drug swipe
3- Positive drug swipe =Arrest
4- Blood Procedure in custody
5- Failure to provide = Charge

28
Q

Initial considerations for an RTC?

A
  • Risk to self and public
  • Casualties (Number of)
  • Ambo/Fire Service
  • Structure/Safety
  • Weather
  • Spillages /Fluid / Petrol
  • Vehicle vs Vehicle
  • Vehicle vs Lorry/Bus etc
  • Vehicle vs Street furniture/Building
  • Vehicle vs Pedastrian
  • Road Closures
  • hazard tanks ( Look for E on the tank- dangerous)
  • Intoxication
  • Investigation (CCTV/Witnesses/Forensics/Dash cams)
29
Q

Seat Belt Laws

A

Driver - must be worn
Under 3 - Must have child restraints
4 - 17 - Child restraints or up to 125cm
14 + over 135cm - PASSENGER responsibility

30
Q

S87 TA 1988 Driving not in accordance with license

A

All drivers must be driving vehicle with the correct class on license.
6 month summary, level 3 fine, discretionary fine.

S165 TA 1988 - seize vehicle

31
Q

S47 (1) NO MOT

A

Must have valid. Every 12 months
Cannot seize
Certain classes do not need mot. under 3 years do not need mot.
must be on road.
-Allowed for prearranged test or £1000 fine.
Summary - Fine only

32
Q

S143 RTA 1988 - No insurance

A

Person cannot have vehicle on a highway without insurance.
Use vehicle.
Can seize vehicle.
7 days to show insurance to constable or police station.

33
Q

Highway Act 1980 - Obstruction of a Highway

A

Can be willful or unnecessary
A person without lawful authority causes an obstruction.
Fine

34
Q

S163 (3) RTA 1988 Power to Stop

S164 RTA 1988 Power to Require Document

A

A person driving a mechanically propelled vehicle or bicycle must stop for a uniformed constable.
S164
- Request ID OR Address
- driver or supervisor of learner
- driving on road, commit offence with use of vehicle or involved in an accident.
- must give name and address of owner of vehicle.
- Must have insurance or MOT S165 RTA 1988

35
Q

CLEAR initiative - To return to normal as soon as possible.

A

C - Collision
L - Lead
E- Evaluate
A - Act
R - Reopen

36
Q

Initial Acton at incident

A

A- Approach
C-Caution
E - Examine
C- Casualties
A - Ambulance
R - Removing Obstruction
D - Detailed Investigation

37
Q

Searching and preserving a scene

A

The scene: Create safe working environment, preserve forensics, gather witnesses and cctv, direct traffic, return carriage to normal.
Carriage way - Debris, tire marks, damage to road.
Fluids - Body, vehicle, preexisting hazards, signage
Vehicle - Windscreen, air bags, head rests, seat belts, damaged body work, wheel - dna, fibres, marks
Digital - Sat nav, dash cam, multimedia, hand held objects
Casualty - Intoxicaton, first account, mobile, transfusion sample.
Documentaton Correct
The scene: Create safe working environment, preserve forensics, gather witnesses and cctv, direct traffic, return carriage to normal.
Carriage way - Debris, tire marks, damage to road.
Fluids - Body, vehicle, preexisting hazards, signage
Vehicle - Windscreen, air bags, head rests, seat belts, damaged body work, wheel - dna, fibres, marks
Digital - Sat nav, dash cam, multimedia, hand held objects
Casualty - Intoxicaton, first account, mobile, transfusion sample.
Documentaton Correct

Summative Assessment 2 (9 decks)

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