Roads Policing Misc. Offences Flashcards
Regulation 105 of the road vehicles construction and use regulations 1986 creates what offence?
Creates an offence for any person to open, or cause or permit to be opened, any door of the vehicle so as to cause Endry a danger to any person
This includes drivers and passengers
Example – cyclists on the road or pedestrian on footpath on footpath
With regards to all parts and accessories what offence does regulation 100 of the road vehicle construction and use regulations 1986 create?
creates an offence for any person to use, or cause a permit the use of a motor vehicle or trailer on a road we are by danger as likely to be caused to any road users because of
– The condition of any parts or accessories
– The number of, or manner in which passengers are carried
The weight, distribution, packing and adjustment of the load
What does regulation 33 of the road vehicles construction and use regulations 1986 specify?
Regulation 33 of the road vehicles construction and use regulations 1986 specifies that
All vehicles require two mirrors fitted as follows
Motor car – One rear and one offside mirror
Goods vehicle/PCV– One nearside one offside
Offside is the driver-side
Near side is the passenger side
How many offences are created by regulation 100 of the road vehicle construction and use regulations 1986 and what are they?
Regulation 100 of the road vehicle construction and use regulations 1986 creates three offences
– All parts and accessories
– Insecure loads
– unsuitable use
With regards to unsecure loads what offence is created by regulation 100 of the road vehicles construction and use regulations 1986?
Regulation 100 of the road vehicle construction and use regulations 1986 creates an offence for any person to use a motor vehicle or trailer unless any load carried thereon is secured in such a position so that no danger or nuisance is likely to be caused to any person or property by reason of the board falling at being blown from the vehicle
Note: realise that it is not necessary that the load is secured by physical restraint but if it is not so secured and that load is likely to be blown off, The offence has been committed
With regard to unsuitable use, what offence is created by regulation 100 of the road vehicle construction and use regulations 1986?
Regulation 100 of the road vehicles construction and use regulations 1986 creates an offence to use a motor vehicle or trailer on a road for any purpose for which it is unsuitable If it is likely to cause danger or nuisance to any other road user
What offence is created by regulation 107 of the road vehicles construction and use regulations 1986?
Regulation 107 creates an offence for any person to cause a permit any more to vehicle to be on a road whilst not attended by a person licensed to drive it unless
– The handbrake is effectively set and
– The engine is stopped
Note: for the vehicle to be attended the licensed person must be able to keep it under observation so as to have reasonable prospects of preventing any person from interfering with it
Exemptions: vehicles used by emergency services and vehicles that use engines to run necessary auxiliary equipment are examples provided there is no danger to any person or property
Sec 19 of the road traffic act 1988 creates what offence?
Sec 19 RTA 1988 creates an offence for any person to park a good vehicle which max weight exceeds 7.5 tonnes wholly or partly on
–a footway
–verge of a Road or
–land situated between two carriageways
Exceptions:
– With the permission of a constable in uniform
– In an emergency
– For the purpose of loading/unloading where no other reasonable alternative and providing the vehicle is not left unattended
Sec 56 of the roads Scotland act 1984 creates what offence?
Creates an offence for any person to execute any roadworks on, or make any excavation under, a public road without the written consent of the roads authority
Sec 59 of the roads Scotland act 1984 creates what offence?
Creates an offence for any person deposit anything on a road, without the written consent of the roads authority, so as to cause an obstruction
This offence does not apply to
– Items which can be dealt with under the refuge disposal amenity act 1978 or
– Building materials or builders skips
Sec 60 of the roads Scotland act 1984 create what offence?
Creates an offence for any person undertaking roadworks to fail to erect the necessary warning signs, Barriers, illumination at night, etc, to warn oncoming traffic
This section also creates an offence for any person without lawful authority or reasonable excuse to tamper with all remove any such warning sign or barrier etc
Sec 100 of the roads Scotland act 1984 creates what offence?
Creates an offence for any person, without lawful authority or reasonable excuse to:
– Deposit anything whatsoever on the road so as to damage the road
– Paint or otherwise the face any road, or traffic sign etc
-light a fire, or permit a fire to spread, to within 30 m of the road and thereby cause damage to the road or in danger traffic on the road
With reference to sec 100 of the roads Scotland act 1984 define mud?
A person who, being in charge of a vehicle on a road,
allows such a quantity of mud, Clay, farmyard manure or other material of whatever nature from the vehicle, or from anything carried on the vehicle,
to drop onto a be deposited on the road
so as to create, Or be likely to cause, A danger or substantial inconvenience to road users
and who fails to remove the material as soon as reasonably practicable commits an offence
Note: person who as the owner or otherwise has the immediate tranche of control of the vehicle or who as being present is entitled to give orders to the pricing having charge of control
Sec 85 of the road Scotland act 1984 creates what offence?
Creates an offence for the owner or hirer of a builders skip, to use it, or cause or permit its use on a road
Without the written permission of the roads authority
In contravention of any conditions, imposed on the siting of the skip, by the roads authority or
In contravention of certain provisions requiring special reflectors and lighting during the hours of darkness
Without being clearly marked with the owners names and telephone number or address
At a defence for the owner to prove that the unlawful deposit of a skip it was done without their knowledge or consent
Sec 86 of the roads Scotland act 1984 provides police with what power?
Sec 86 provides that a constable in uniform may require the removal or repositioning of any builders skip, Which in their opinion is
– Causing or likely to cause an obstruction or
–Causing or likely to cause danger
If not moved a constable may arrange for the removal of the skip any expenses incurred can be reclaimed from the owner of the skip
