Traffic Offences Flashcards
Road
s192 RTA - a length of highway to which the public have access (including bridges, footpaths and pavements)
Highway
s5 Highway Act 1835 - any road, bridge, carriageway, cartway, horseway, bridgeway, cause way, church way or pavement
Public Road
s162 Vehicle Excise Registration Act 1994 - A road maintained at the public’s expense
Motor Vehicle
s185(1) RTA - mechanically propelled vehicle intended or adapted for use on roads
Mechanically Propelled Vehicle
Not defined - includes electrically and steam powered vehicles, matter of face for court to decide
Driving
Not defined - consideration of degree of control over motion, length of time someone has control, the point at which someone stopped driving, how the controls were used
Attempting to drive
Also not defined - “more than merely preparatory” to driving
Driving without a license
Not a specific offence - but driving a motor vehicle otherwise than in accordance with a license is an offence under s87 RTA (causing or permitting this is also an offence). Also failure to update a change of name and address on a license.
Routes to disqualification
Endorsement and penalty points, discretionary disqualification and mandatory disqualification.
License revocation
If more than 6 penalty points in first 2 years of holding license
Uninsured vehicles
Can seize under s165A RTA, some exemptions such as vehicles not kept on road or in public, vehicles being stolen, government organisations, lending or borrowing a vehicle
MOT test certificates
s47 RTA - vehicles need MOT test from third anniversary of registration. Vehicles needing MOT test from first date of registration - more than 8 seats, taxi/minicab, ambulances and others. Exceptions - driving to prearranged test, going for repairs after failed MOT, being towed for scrap.
Power to stop a vehicle
s163 RTA gives a constable in uniform the power to stop a motor vehicle on a road. Can require production of driving license, insurance, MOT certificates etc.
Power to request name and address
s168 RTA - any person with reasonable grounds may request name and address of drivers or cyclists suspected of dangerous, careless or inconsiderate driving.
Power to seize
s165A RTA - officer in uniform has power to seize vehicles with reasonable suspicion that they are uninsured or driver does not have the correct license. Cannot enter dwelling or adjoining buildings.
Tyres
Tread depth = 1.6mm over 3/4 of the tyre. Should not have bulges or cuts in excess of 25mm or 10% of the section width.
Obligatory lights
Working headlights (full and dip), side lights and indicators. Rear must have side lights, brake lights, fog light, rear reflector and number plate light. Hazards must also work. Side lights must be on between sunrise and sunset and during poor visibility. They should be on when a vehicle is parked on a >30mph road at night.
Dangerous conditions
s40 RTA - Offence of using, causing or permitting a vehicle, motor vehicle or trailer to be used on a road when its use involves a danger of injury because of the condition, the purpose, the number of passengers/manner in which they’re carried, or the weight, position or distribution of a load or the way that it is secured.
Seatbelts
Mandatory with some exemptions - driver making local deliveries, a driver reversing, DVLA examiners, police/fire brigade, some taxi drivers, people taking part in royal processions, holders of exemption certificates, vehicle on trade plates on a test driver to find/remedy a mechanical fault, where a seat belt is locked due to being on a hill
Post accident duties
Set out by s170 RTA - accident must have been owing to the presence of the car on a public road or other public place. Reportable if there was an injury, damage to other property or damage to certain kinds of animals. Must wait for reasonable period and provide name and affress. Can report to police within 24 hours in person.
Dangerous driving
s2 RTA - driving that falls far below the standard required of a careful and competent driver and it would be obvious that the driving is dangerous, or driving a vehicle which is in such poor condition that a c&c driver would realise it was dangerous.
Careless or inconsiderate driving
s3 RTA - if the standard of their driving falls below that expected of a competent and careful driver.
Wanton or furious driving
s35 OAPA - offence to cause, or to cause to be done, bodily harm to any person by wanton or furious driving, racing or other wilful misconduct or wilful neglect (covers pedal cycles and animal drawn carts, covers places other than roads.
Death by dangerous driving
s1 RTA - requires MPV, indictable offence
Causing a death whilst under the influence of drink/drugs
When a driver causes the death of another on the road or another public place and is unfit through drink or drugs or exceeds prescribed alcohol/drug limits or failed to give sample
Causing serious injury by dangerous driving
s1A RTA
Drink/drug driving
s5 RTA for alcohol, s5A for drugs, s6 request for tests.
s4 - unfit through drink drugs, covers MPVs rather than MVs, good alternative.
Power to seize vehicles involved in ASB
s59 Police Reform Act - likely to cause alarm, distress or annoyance. Cannot enter dwelling or a garage or any other land attached to a dwelling.
Leaving vehicles in dangerous positions
s22 RTA - causing or permitting vehicle or trailer drawn by it to remain at rest on a road in such a position or in such conditions or such circumstances as to involve a danger of injuries to others using the road. Also endangering a road user by putting anything on or over a road or to interfere with vehicles, trailers, cycles or traffic equipment in a way that would be obviously dangerous to a reasonable bystander.
Wilfully obstructing the highway
s137 Highways Act - offence to, without lawful authority or excuse, in any way wilfully obstuct free passage along a highway
