Sec 1,2 & 3 Flashcards
What are the elements of sec 1?
Dangerous driving of a mpv on a road or other public .
Dangerous driving-
Standard falls below that of a competent driver, or
Would consider as dangerous driving, or
The condition of the vehicle is dangerous
Causing death- the dangerous driving doesn’t need to be the main cause of death, just a contributing factor
What offence exists in sec 1 of the rta 1988?
Causing death by dangerous driving
What is sec 2 of the RTA 1988? What power of arrest exists?
Dangerous driving
Driving a MPV on a road or other public place dangerously
= of a standard which falls below that of a competent driver
Conditional arrest- if you see offence, must give name & address or show license if not arrest.
What is sec 3 of the RTA 1988? What is the power of arrest?
Careless driving=
Offence to drive an mpv on a road or public place without due card or attention, or without consideration for other road or public place users
W/out due care/attention= way of driving falls below that of a competent driver, e.g. Falling asleep, not checking that signals have been seen, failing to judge speeds/distances etc
Reasonable consideration= if others are inconvenienced by the driving e.g. Driving v slow on a narrow road and not allowing cars to pass
Conditional power of arrest- if you see the offence, must give name & address or show license. Arrest if not
What is sec 2b of the RTA 1988?
Death by careless driving,
Offence to cause death by driving a mpv on a road or public place without due care or attention or without reasonable consideration for other road/public place users.
Silent power of arrest
What is sec 3A of the RTA 1988?
Causing death by careless driving under the influence of drink or drugs=
An offence to cause death by driving a mpv on a road or other public place without due care or attention or without reasonable consideration for other road/public place users, AND at the time:
Unfit to drive through drink or drugs
Alcohol levels in body exceed limits
Fail to give a specimen within 18 hours without reasonable excuse
Refuse to give a blood sample for testing
What is sec 3ZB of the RTA 1988?
Causing death by driving whilst disqualified, unlicensed, or uninsured=
An offence to cause death by driving a mpv on a road and while contravening:
Sec 87(1) (without a license)
Sec 103(1)(b) (driving whilst disqualified)
Sec 143 (driving without insurance)
What other option are available to sec 3 offenders (careless)? When is it available? How is it offered?
Driver improvement scheme- alternative to prosecution, improves driving skills.
1.5 day course, of theory, practical and assessment.
Does not involve resit of driving test
Available if:
Enough evidence to go to court
Report to PF , who decides
Offender will pay to do the course within 6 weeks
What does sec 28 make it an offence to do?
Cycle dangerously
Standard falls below, or it would be obvious that riding in that manner would be dangerous
Arrest of don’t give name and address
What does sec 29 create an offence for?
Careless cycling
Without due care/attention
No consideration for other road users
Arrest if don’t give name and address
