RTC Definitions and sections Flashcards
Section 170 (1) Road Traffic Act 1988
Owing to the presence of a mechanically propelled vehicle on a road or other public places, an incident occurs whereby;
Personal injury Is caused to a person (other than the driver of that 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 that MPV or any trailer drawn by it)
Or
Any other property, constructed on, fixed to, growing in or otherwise forming part of the land on which the road or other place in question is situated or land adjacent to such land
Define a road under Section 912 Road Traffic Act 1988
A Road:
a road is any highway and any other road to which the public has assess and includes bridges over which a road passes.
what is a MVP?
a vehicle constructed so that is can be propelled mechanically This refers to any source of mechanical power (SEPDOG) S – steam E – electricity P – petrol D – diesel O – oil G – gas
Define a public place
any place to which the public have access whether on payment or otherwise
Section 87 of 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 165a Road Traffic Act 1988 (dangerous driving)
a constable in uniform must have reasonable grounds to believe
A motor vehicle is or was being driven with no insurance (sec 143)
Or
No driving licence / driving otherwise than in accordance with a licence
Or
Has failed to stop and there are reasonable grounds to believe the above then the vehicle is seized
Section 163 Road Traffic Act 1988 (staff said this will be in the exam)
A person driving a MPV on a road must stop the vehicle on being required to do so by a constable in uniform or a traffic officer
A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform or traffic officer
Is a person fails to comply with this section he is guilty of an offence
now briefly explain sections 163,164 and 165 (without actual definitions)
Section 163 - power to stop vehicles and it is an offence for them not to stop in a car or motorcycle/bike
Sec 164 – power to require driving licence and date of birth
Sec 165 – power to obtain names, addresses and evidence of insurance
Section 1 Road Traffic Act 1988 (death by dangerous driving)
A person who causes the death of another person by driving a MPV dangerously on a road or other public place is guilty of an offence.
Section 1a Road Traffic Act 1988 (death by dangerous driving)
A person who causes serious injury to another person by driving a MPV dangerously on a road or other public place is guilty of an offence. (life threatening injuries, whiplash etc just not death)
Section 2 Road Traffic Act 1988 (death by dangerous driving)
A person who drives a MPV dangerously on a road or other public place is guilty of an offence
Section 2b Road Traffic Act 1988 (death by dangerous driving)
Causes death of another by driving a MPV without due care and attention, without reasonable consideration (driving falls below what is of a come tent and responsible driver)
Section 3 Road Traffic Act 1988 (death by dangerous driving)
Driving without due care and attention (momentary lapse of care or attention when driving) or without reasonable consideration
Section 4(1) Road Traffic Act 1988 (unfit through drink and drugs)
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 Road Traffic Act 1988
being over the prescribed limit: alcohol, drugs
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 an offence
what power do we have to require a preliminary test?
section 6 of the road traffic act 1988
Section 6(6) road traffic act 1988
A person commits an offence if without reasonable excuse,
they fail to co-operate with a preliminary test in pursuance of a requirement impose under this section
section 6D(1) Road Traffic Act 1988 (powers of arrest)
a constable may arrest a person without warrant if, as a result of a preliminary breath rest, the constable reasonably suspects that the proportion of alcohol in the persons breath or blood exceeds the prescribed limit
section 6D(2) Road Traffic ACt 1988
a constable may arrest a person without warrant if,
the person fails to co-operate with a preliminary test in pursuance of a required imposed under section 6
and
the constable reasonably suspects that the person has alcohol and drugs in his body or is under the influence of a drug
Section 6E ss (1) of The Road Traffic Act 1988
the power of constables to enter any place using reasonable force if necessary for the purposes administering a preliminary test or to arrest an individual who is reasonably suspected of having injured any person in an accident.
What power of entry do police officers have under road traffic act 1988 if section 4 is committed?
Section 4 – if a person has committed the offence of driving whilst unfit under section 4 of the RTA, then officers have the power of entry to entry to any place to effect arrest under section 17
What power of entry do police officers have under road traffic act 1988 if section 163 is committed?
Section 163 – if a person has failed to stop for police then a constable has the power of entry under Section 17 to effect arrest.
Section 59 road traffic act 1988
this act allows the police to give drivers a warning if they are reported to have used their vehicle in a manner which causes “alarm, distress or annoyance”
