Sec 1,2,3 And 5 RTA 1988 Flashcards
Section 2 RTA 1988 creates what offence?
Creates an offence for any person to drive a mechanically propelled vehicle on a road or other public place dangerously
Section 3 RTA 1988 creates what offence?
Creates an offence for any person to drive a mechanically propelled vehicle on a road or other public place, without due due care and attention or without reasonable consideration for other people using the road or public place
Give examples of driving without due care and attention
Typical examples include
falling asleep at the wheel
failing to judge correctly distance/speed or
failing to ensure that a turning signal has been seen or understood before manoeuvring
Give some examples of driving without reasonable consideration
A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving typical examples include
Driving slowly on narrow roads are not allowing other vehicles to pass unnecessary
driving through puddles drenching pedestrians
driving a vehicle in a manner that although not dangerous frightens passengers
Section 5 RTA 1988 creates what offence?
Creates an offence for any person to
Drive, attempt to drive, or be in charge of a motor vehicle on a road or other public place
Having consumed alcohol in such quantity that the proportion of alcohol in their breath blood or urine exceeds the prescribed limit
When is a person held to be driving?
A person is held to be driving when they have control of the speed and direction of the vehicle
When is a person held to be attempting to drive?
This means when the person has made some positive act to put the vehicle in motion, but has failed to do so, eg trying to put the vehicle in gear or trying to start the engine
When is a person held to be in charge of a vehicle
Proving this will spend on individual circumstances but possession of the ignition key and proximity to the driving position would be taking into account
What are the prescribed limits for alcohol in blood breath or urine?
22 microgrammes per 100 ml of breath
50 milligrammes per 100 ml of blood
67 milligrammes per 100 ml of urine
Section 1 RTA 1988 creates what offence?
Creates an offence for any person to cause the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place
The prosecution must prove that there was dangerous driving and the dangerous driving was at least the cause of death of the person