Traffic Day 2 Flashcards
Driving licence- section 87 of the road traffic act 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 licence authoring him to drive a motor vehicle of that class
Disqualified driving- section 103 road traffic act 1988
A person is guilty of an offence if while disqualified from holding or obtaining a license
He obtains a license or drives a motor vehicle on a road
Police powers- section 24(2) police and criminal evidence act 1984
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
What is MADCOW
Examples of offences which carry an obligatory disqualification include
M- manslaughter
A- aggravated vehicle taking
D- dangerous driving
C- causing death by dangerous driving
O- over the limit of alcohol or refuse to provide a specimen for analysis
W- whilst unfit through drink or drugs
Section 87(1) road traffic act 1988
An under age driver should be charged with and convicted of the offence of driving
Section 143(1)(a) road traffic act 1988- minimum legal cover required using a vehicle without insurance
Person must not use or cause or permit any other person to use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that person a policy of insurance or such a security in respect of third party risks as complied with part 6 of RTA1988
Cause of permit use of vehicle without insurance section 143(1)(b) road traffic act 1988
A person must not cause or permit any other person to use a motor vehicle on a road (or other public place) unless there is in relation to the use of the vehicle by that other person such a police of insurance as complied with the requirements of this part of this act
Make false statement or withhold information to obtain insurance Section 174(5) road traffic act 1988
A person who makes a false statement or withholds any material information for the purpose of obtaining the issue
Alter or forge insurance certificate or cover note section 173(1) road traffic act 1988
A person who with intent to deceive:
Forges, alters or used a document or other things to which this section applies or lends to
Or allows to be used by any other person or document or tiger things to which this section applies or
Make or has in his possession in any document or other thing so closely resembling a document or other thing to which this section applies as to be calculated to deceive
Statutory defence section 143(3) &(4) road traffic act 1988
A person will not be convicted if they prove
The vehicle did not belong to them and was not in their possession under a contract a hiring or loan , they were using the vehicle in the course of employment
And neither knew nor had reason to believe that there was not a certificate of insurance in force in relation to the vehicle
Section 27 of the road vehicles (construction and use) regulations 1986
A wheeled motor vehicle or trailer a wheel of which is fitted with a pneumatic tyre shall not be used on a road if the tyre is unsuitable having regard to the use to which the motor vehicle or trailer is being out or to the tyre of tyres fitted to its other week
HO/RT1
If a person cannot produce driving or vehicle document at the time you should check PNC to ascertain if all documentation is in order as driving license, insurance and M.O.T details may be held. If you are unable to ascertain these details, you should issue them with HO/RT 1 form to be produced with them at a police station
HO/RT2
When the person produces the documents together with the form HO/RT 1 at the police station the officer or station officer records the require details on a form HO/RT2
If offended are disclosed when the documents are produced at the police station the officer or station officer will report the person for the offences
This document will be forwarded to the relevant prosecutions department with your force who will inform the originating officer of the offence and a statement will then be required for prosecution
