Traffic Flashcards
What power does Section 163 of the Road Traffic Act give police officers?
The power to stop vehicles
What is the exact wording of Section 163 of the Road Traffic Act?
A constable (in uniform) may stop a mechanically propelled vehicle or any cycle being driven/ridden on a road
What power does Section 164 of the Road Traffic Act give police officers?
The power to demand driving licence and date of birth
What is the exact wording of Section 164 of the Road Traffic Act?
A person driving a motor vehicle, or you have reasonable cause to believe to have been the driver when an accident occurred or reasonable cause to believe they have committed an offence on a road MUST be required to
- produce their licence for examination to ascertain the name and address of the holder
A person required to produce their license must state their date of birth if they fail to produce their licence for examination or they produce a license that is reasonably suspected to have been granted in error or has been altered
What powers does S165A of the Road Traffic Act give police officers?
To seize a vehicle
What is the definition of S165A of the the Road Traffic Act?
A constable in uniform can seize a vehicle if the person fails to
1. Produce their license for examination and the constable has reasonable grounds to believe a motor vehicle is/was being driven in contravention of s87 (no license)
2. Produce proof of insurance and the Constable has reason to believe a motor vehicle is/was driven in contravention of s143 (no insurance)
3. Stop long enough for appropriate enquiries and the Constable has reasonable grounds to believe a motor vehicle is/was driven in contravention of s87 or 143
What must a Constable do before seizing a vehicle under S165A of the Road Traffic Act?
Warn the driver that the vehicle will be seized if they don’t immediately produce a license or insurance
What form should a Constable fill out if they are seizing a vehicle under S165A of the Road Traffic Act?
A Vehicle Seizure Notice
What power does S59 of the Police Reform Act give to police officers?
The power to seize a vehicle
What does S59 of the Police Reform Act state?
A Constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which is/has contravened S3 or S34 of the RTA AND is causing/likely to cause alarm, distress or annoyance
What must a Constable do before seizing a vehicle under S59 of the Police Reform Act?
- Warn the driver before seizing the vehicle
- Only seize the vehicle if the offence has continued/repeated
What is S3 of the Road Traffic Act?
If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence
What is S34 of the Road Traffic Aft?
It provides the offence of driving a mechanically propelled vehicle without lawful authority on common land, moorland or land not forming part of a road, or on any road which is a footpath, bridleway or restricted byway
What is S6 of the Road Traffic Act?
A police officer may require a person to cooperate with any one or more preliminary tests if they suspect they have been driving, attempting to drive or in charge of a motor vehicle on a road or other public place whilst having alcohol in their system and still have alcohol in their system
2. Has committed a moving traffic offence
3. An accident has occurred owing to the presence of a motor vehicle there and it is reasonably believed the person was driving/attempting to drive or in charge of the vehicle
What is S170 (1) of the Road Traffic Act
Owing to the presence of a mechanically propelled vehicle on a road or other public place an accident occurs by which personal injury is caused to a person other than the driver of the MPV OR
a) damage is caused to a vehicle other than that MPV (or trailer drawn)
b) damage is caused to an animal in/on that MPV (or trailer)
c) damage is caused to any other property
