Traffic 2

Question 1

Define Section 87 Road Traffic Act 1988

Answer 1

It is an offence for a person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class

Question 2

Define S87(2) RTA 1988

Answer 2

It is an offence for a person to cause or permit another person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising that other person to drive a motor vehicle of that class.

Question 3

Define motor vehicle

Answer 3

A mechanically propelled vehicle intended or adapted for use on a road.

Question 4

Define Road

Answer 4

Any highway and any other road to which the public has access and includes bridges over which a road passes

Question 5

What is the primary piece of legislation governing driving licences?

Answer 5

Part III Road Traffic Act 1988

Question 6

What information is displayed on a driving licence?

Answer 6

Surname
First names
Date and place of birth
Date of driving licence issue
Photo expiry
Issuing authority
date the photocard licence was issued.

Question 7

Define Section 103 RTA 1988

Answer 7

Disqualified Driving.

A person is guilty of an offence if, while disqualified from holding or obtaining a licence, he -

obtains a licence, or

drives a motor vehicle on a road

Question 8

What is the minimum tyre tread?

Answer 8

1.6mm

Question 9

Define Section 165 RTA 1988

Answer 9

Any of the following persons -

(a) a person driving a motor vehicle (other than an invalid carriage) on a road, or

(b) a person whom a constable or vehicle examiner has reasonable cause to believe to have been the driver of a motor vehicle (other than an invalid carriage) at a time when an accident occurred owing to its presence on a road or other public place, or

(c) a person whom a constable or vehicle examiner has reasonable cause to believe to have committed an offence in relation to the use on a road of a motor vehicle (other than an invalid carriage),

must, on being so required by a constable or vehicle examiner, give his name and address and the name and address of the owner of the vehicle and produce the following documents for examination.

A relevant certificate of insurance

A valid test certificate

Question 10

Explain production of documents under S165 RTA 1988

Answer 10

Documents must be produced at the time or if the driver is not able to produce at the time, within 7 clear days (not including the day the requirement was made, i.e. up until midnight on the seventh day), at a police station specified by them.

Failure to do so is an offence, unless the person can show that

It was produced there as soon was as reasonably practicable

Or

It was not reasonably practicable for it to be produced there before the day on which proceedings were commenced

Question 11

Explain HO/RT1

Answer 11

If a person cannot produce driving or vehicle documents at the time you should first check PNC to ascertain if all documentation is in order as driving licence, insurance and M.O.T details may be held.

If you are unable to ascertain these details, you should issue them with the HO/RT 1 form to be produced with them at a police station.

Question 12

Explain HO/RT2

Answer 12

When the person produces the documents together with the form HO/RT 1 at the police station the officer or station officer records the required details on a form HO/RT 2.

If offences are disclosed when the documents are produced at the police station the officer or station officer will report the person for the offence(s).

This document will be forwarded to the relevant prosecutions department with your force who will inform the originating officer of the offence(s) (i.e. the officer who issued the HO/RT 1) and a statement will then be required for prosecution.

Question 13

Define Section 24(2) PACE 1984

Answer 13

A constable may arrest without warrant any person driving / having driven a motor vehicle on a road whom he/she has reasonable cause to suspect of being disqualified.

Question 14

State police powers to in relation to offence of driving whilst disqualified

Answer 14

S24(2) PACE - if a constable has reasonable grounds for suspecting that an offence has been committed, he/she may arrest without warrant anyone whom he/she has reasonable grounds to suspect of being guilty of it.
REASON (A to F) – to allow the prompt and effective investigation of the offence or of the conduct of the person in question.

At one time an arrest could only be made at the time of the offence but with the new powers S24(2) PACE allows us now to arrest after the offence.

Power of entry – Sec 17(1) PACE identifies a power of entry for a constable to arrest a person for an offence under Sec 163 Road Traffic Act 1988 (Fail to stop when required to do so by a constable in uniform).
This power may be applicable to this offence depending on the circumstances.

For example, if a driver has failed to stop for an officer when required to do so, abandons the vehicle and enters a nearby house, the officer would have a power of entry as outlined above.

Question 15

Define S103 RTA 1988

Answer 15

Disqualified Driving.

A person is guilty of an offence if, while disqualified from holding or obtaining a licence, he -

obtains a licence, or

drives a motor vehicle on a road

Question 16

What are the defences for disqualified driving?

Answer 16

Unaware of disqualification

Driving under Duress

Question 17

Give examples of how disqualified driving can be committed

Answer 17

Where the disqualified person re-applies using false details.

Uses forged or altered licences.

Borrows a licence to use as their own.

Question 18

What are the routes to disqualification?

Answer 18

Penalty points

Obligatory

DTTP – Disqualified until test passed

Discretionary

Disqualified where driving is involved in serious crime

Question 19

Explain Obligatory disqualification?

Answer 19

Obligatory disqualification is where a person is convicted of an offence for which the relevant legislation states that the court MUST disqualify the offender from driving for a specified period of time. Disqualification must be for a minimum of 12 months.

Disqualification is obligatory for example in cases such as drink driving or causing death by dangerous driving. However in certain circumstances special reasons can still be argued to avoid disqualification. Special reasons are not defined by statute.

Some arguments that have succeeded, for example in drink driving cases, driving in an emergency, shortness of distance driven. Very rare..

Question 20

Explain Discretionary Disqualification

Answer 20

– Discretionary disqualification is where the relevant legislation states that the convicting court MAY disqualify a person from driving if they consider the circumstances of the offence or the previous driving record of the offender makes disqualification appropriate

Question 21

Explain the penalty points disqualification route

Answer 21

If a person has 12 or more penalty points on their licence within a three year period, from the date of the first offence, then they are liable to disqualification under the ‘totting up’ procedure.

Disqualification under the ‘totting up’
procedure will wipe the licence clean.

All the penalty points will be removed
from the licence.
However if the driver has been convicted of an
offence carrying obligatory disqualification
e.g. drink driving then the points will remain
i.e. the slate is NOT wiped clean.

Question 22

What are the two important dates to remember under the totting up procedure?

Answer 22

Date of offence……..
For calculating the valid/current penalty points

AND

Date of conviction……..
For removal of all points after disqualification under the totting up procedure.

Question 23

Give examples of offences covered by Obligatory Disqualification

Answer 23

MADCOW

Manslaughter
Aggravated vehicle taking
Dangerous driving
Causing death by dangerous driving
Over the limit of alcohol or refuse to provide a specimen for analysis
Whilst unfit through drink or drugs

Question 24

Explain process of extended and standard test in relation to obligatory disqualification

Answer 24

Where disqualification is obligatory, or under the ‘totting up’ procedure, then an extended test is required. Otherwise a standard test is required.

If the defendant is convicted of dangerous driving or of manslaughter, causing death by dangerous driving, or causing death whilst under the influence of drink or drugs, in relation to an offence committed after 31 January 2002, the court must order the defendant to take an extended driving test. In any other case involving obligatory disqualification, the court may order the defendant to take a further driving test.

A person disqualified until a test is passed, must apply for a provisional licence and comply with the conditions attached (e.g. display ‘L’ plates, be supervised, etc.) until the appropriate test has been passed.

Question 25

Explain Discretionary Disqualification

Answer 25

For some offences the court has the power to order a ‘discretionary’ disqualification.

This means that it is up to the court who receives a driving ban and also determines the length of the ban.

If an offender is convicted of:

stealing or attempting to steal a vehicle;
taking a motor vehicle without consent, or being carried;
going equipped to steal a motor vehicle;

the court can order discretionary disqualification

Question 26

Explain disqualification for any offence

Answer 26

Certain courts with special permission from the Secretary of State may disqualify a person from driving for any offence e.g. anti social behaviour, kerb crawling.

It does not matter whether a motor vehicle was used or not in the commission of that offence.

When an order for disqualification of any length is made under these provisions, the court will require the offender to produce his or her driving licence and return it to Driver Vehicle Licensing Authority (DVLA).

There will be no endorsement of the licence, but it will be marked with an offence code. At the end of the disqualification period the offender will need to apply to the DVLA for the return of his or her licence.

Question 27

How does a rehabilitative course work

Answer 27

Those drivers who attend a rehabilitative course will be eligible for a reduction of not more than a quarter of their disqualification period. These courses, when available, are at the court’s discretion.

For example, Jane is convicted of drink-driving and is disqualified for 12 months. She attends a course and can then have her period of disqualification reduced to nine months. This applies only if disqualified for 12 months or more.

Question 28

State ways of establishing if disqualified

Answer 28

Admissions by the defendant.

Providing witnesses who were present at the time of the disqualification, e.g. Police/clerk of the court.

Documentary evidence, i.e. court records, DVLA records, fingerprint evidence taken at the time of the initial or previous disqualification showing date and offence.

PNC records showing date and court must be checked.

Interview driver to establish their knowledge of disqualification

Question 29

What does S164 RTA 1988 relate to?

Answer 29

Provides constables with a power to require the production of a driving licence.

Question 30

What does S165 RTA relate to?

Answer 30

Creates the power for a constable or vehicle examiner to obtain the names and addresses of drivers and owners of vehicles and require them to produce their certificates of insurance or security or test certificates

Question 31

What is the difference between Driving Licence and Insurance Test Certificate?

Answer 31

The difference between a driving licence and insurance or test certificates concerns the word ‘user’ + ‘owner’

For the production of insurance and test certificates, when you believe an offence has been committed, you are not only concerned with someone ‘driving’, but also with the ‘user’ and ‘owner’ of the vehicle.

Question 32

Explain requirements for production of documents

Answer 32

Documents must be produced at the time or if the driver is not able to produce at the time, within 7 clear days (not including the day the requirement was made, i.e. up until midnight on the seventh day), at a police station specified by them.

Driving licences, unlike insurance certificates and test certificates,
must be produced in person by the licence holder.

Failure to do so is an offence, unless the person can show that

It was produced there as soon was as reasonably practicable

Or

It was not reasonably practicable for it to be produced there before the day on which proceedings were commenced

Question 33

Define S28(A) RTA 1988

Answer 33

A person using a vehicle in respect of which a registration document has been issued must produce the document for inspection on being so required by -

(a) a constable, or
(b) a person authorised by the Secretary of State for the purposes of this section (an authorised person).

A person is guilty of an offence if he fails to do so

Question 34

Outline the power to require date of birth

Answer 34

A person required by a constable to produce his licence must in prescribed circumstances, on being so required by the constable, state his date of birth.

The prescribed circumstances are:

(a) where that person fails to produce forthwith for examination his licence on being required to do so by a police constable under that section; or
(b) where, on being so required, that person produces a licence:

(i) which the police constable in question has reason to suspect was not granted to that person, was granted to that person in error or contains an alteration in the particulars entered on the licence (other than as described in paragraph (ii) made with intent to deceive; or

(ii) in which the driver number has been altered, removed or defaced;

(c) where that person is a person supervising a provisional licence holder and is reasonably suspected to be under 21 years of age.

Question 35

Explain the power to seize vehicles under S165A RTA 1988

Answer 35

Sec 165A Road Traffic Act 1988 states that, if any of the specified conditions are satisfied in relation to a vehicle, a constable may:

Seize the vehicle

Remove the vehicle

Enter any premises other than a private dwelling house on which he/she has reasonable grounds for believing the vehicle to be.

If the constable is unable to seize the vehicle immediately, because the person driving it has failed to stop as requested or driven off, the constable may seize it at any time within 24 hours starting from when the original condition was first satisfied.

Upon seizing the vehicle the officer will issue a seizure notice to the driver, unless the circumstances make it impracticable to do so.
A further seizure notice is sent later by registered post to the registered owner/keeper, where it appears that they are someone different.

The vehicle can be released if the registered owner/keeper of the vehicle pays the charges in respect of its seizure and produces a valid certificate of insurance and driving licence at a police station specified in the notice.

Charges are payable for the seizure and for the detention at a set rate for each 24 hour period or part thereof that the vehicle has been in custody.
Obviously the owner/keeper will not be liable to such charges if they prove that they were not driving the vehicle at the time it was seized and they did not know, had not consented to and could not have prevented it being driven.

After certain time restrictions, the vehicle can be disposed of if the owner/keeper fail to comply with any requirement on the seizure notice, or a seizure notice was not able to be given, despite reasonable steps having been taken.

Question 36

What are the specified conditions of vehicle seizure

Answer 36

Requirement to produce driving licence
Fails to produce licence
Reasonable grounds to suspect vehicle being driven otherwise than in accordance with a licence

Requirement to produce insurance
Fails to produce insurance
Reasonable grounds to suspect vehicle being driven without insurance

Requirement for vehicle to stop
Fails to stop
Reasonable grounds to suspect vehicle being driven without licence/insurance