Traffic practical Flashcards

0
Q

If the offence IS endorsable and the person is the holder of a GB license, then the officer can give the person an FPN if: ?

A

They produce their license and counterpart

The officer is satisfied that they would not be liable for disqualification if convicted for the offence (less than 12 points, 6 if new driver)

They surrender their license and counterpart to be dealt with under the act (penalty points added)

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1
Q

Can an FPN be given to someone who is 16?

A

Yes but their parent/ guardian must be informed of the issue and the FPN must be endorsed with the counter signature of the parent/guardian

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2
Q

What if the offence is endorsable and the offender does not have their license with them?

A

The officer may give them a provisional fixed penalty and a notice to produce their docs to a station within 7 days.

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3
Q

Under what section/act may an officer require a person to produce their docs at a station? And therefore if a person fails do so so it is a offence?

A

S161 RTA 1988

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4
Q

An FPN may be issued unless what?

A

Arising out of a road traffic accident

The person is arrested or reported for other offences arising out of the same circumstances (excludes document offences)

The offender is Aiding and abetting

The offender is under 16

The offender is a foreign driver

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5
Q

Examples of the main endorsable offences

A

Using handheld / mobile device

Supervisor using handheld device

Driving without due care and attention

Driving other than in accordance with license

Vehicle in dangerous or defective condition (ie. defective brakes, steering, tyre tread or pressure)

Speeding

Stopping vehicle on motorway

Reversing on motorway

Uturn on motorway

Driving on hard shoulder motorway

Contravene a stop sign/ double white line / no entry sign

Stopping in limits of pelican/zebra crossing

Carrying more than 1 person on motorcycle

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6
Q

Examples of main non-endorsable offences?

A

Quitting - Unattended vehicle - engine running and/or brake not set

Opening door so as to cause injury /danger

Failure to display reg plate / drive vehicle with obscured / indistinguishable reg plate

Wipers not fitted / not confirming to regulations

Windows not clear

Misuse of hazard lights

Driver (or front seat passenger under 14) Fails to wear seat belt

Adult rear passenger fail to wear seatbelt

Pedal cycle contravening road markings/ traffic signals

Pedal cycle carrying more than 1 person

Unnecessary obstruction

Wilful obstruction

Fail to stop for police officer / traffic warden

Fail to display vehicle excise license

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7
Q

What info to give or PNC check on vehicle?

A
VRM (repeat)
Make 
Model
Colour
Reason
Location
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8
Q

Info to give for PNC check on a person ?

A

NASCH RL

Name (surname, first name)
Age (dob)
Sex
Colour
Height
Reason
Location
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9
Q

What does status 12 mean?

A

Asking if anyone else if listening to the conversation? (Ie do you have your earpiece in)

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10
Q

Driving whilst unfit through drink or drugs… what section/ act?

  • The Most serious of drink drive offences
A

S4 RTA 1988

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11
Q

Duty of driver in RTA, damage only

A

Stop

Give name, address and vehicle details

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12
Q

Duty of driver in RTA, injury RTA

A

Stop
Give name, address and vehicle details
Produce instance certificate

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13
Q

Driving or attempting to drive or being in charge of a vehicle whilst over the prescribed limit?

A

S5 RTA 1988

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14
Q

When can you not be prosecuted for S5 - OPL?

A

When on private land

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15
Q

What does a roadside breath test do?

A

Gives you the grounds to suspect/believe someone is OPL

You can then arrest and take to station for further test.

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16
Q

Power to take a preliminary breath test?

Offence for failing to comply with breath test?

Power of arrest for failure to comply?

A

S6 RTA 1988.

Can do the breath test there or nearby.

It is an offence to fail to cooperate with breath test (S6(6)) - resulting in arrest.

Powers of arrest for failure to comply with test come from S6d(2) RTA 1988

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17
Q

North yorks policy re accident breath tests

A

Always breath test both drivers if injury accident

If no injury but you suspect alcohol then conduct a breath test.

If no injury and you don’t suspect alcohol then just explain requirement to exchange details between drivers user S170.

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18
Q

‘Accident’ (re breathalising)

not the same as the definition of an accident under s170

A

Any unexpected, untoward occurrance.

For purpose of breath test this could include incidents such as clipping a kerb / bollard.

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19
Q

What if pass the roadside breath test but you still suspect intoxification based on physical signs?

A

You can arrest on suspicion of drugs and have a dr examine them at the station.

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20
Q

Power of entry for imposing a S6?

A

S6e

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21
Q

What is an FPN?

A

Fixed penalty notice

Can only be issued to the person actually committing the offence (not someone causing or permitting the offence)

An alternative to court procedure.

Requires same amount of evidence as if it were going to court.

A person can change their mind and request to go to court instead of paying the FPN

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22
Q

What is VDRS?

A

Vehicle defect rectification scheme.

Voluntary scheme but participation means no further action will be taken against them for the offence.
(If declines participation then FPN can be issued or they can be reported for summons)

Can give someone a VDRS to address a broken light/ bald tyre etc..

They will have to have the defect fixed within 14 days and have the vehicle examined and the vdrs form stamped by a dept of transport approved testing station to confirm the fault is rectified.

23
Q

Can issue up to 3 FPNs at one time, only 1 of which can be endorsable. However practically if there is more then 1 offence you would just report them for summons.

A

.

24
Q

What if there is more than 1 endorsable offence?

A

Report for summons.

25
Q

What if an offence is non endorsable and the offender is not present?

A

You can still issue, and fix the FPN to the vehicle.

You should try to find the person but if this is not feasible you can just issue and fix to the vehicle.

26
Q

When can you issue an endorsable FPN?

A

Only when the offender is present.

27
Q

If 12pts or more in a 3 year period = liable for disqualification.

A

Check any points on licence for total of points within 3 year period from the date of the offences.

If already have 9 or more then you can’t issue a ticket as they are liable for disqual. You must report them for summons.

28
Q

2 types of FPN?

A

Full - number of existing points confirm its ok to issue and they are willing to take the FPN. If they have their license on them then we can take it and attach it to the ticket.

Provisional - if we cannot check the number of existing points then we issue a provisional FPN requesting that they take their docs to a station within 7 days.

29
Q

How long does someone have to pay the FPN fine?

A

28 days.

However they only have 7 days to produce any docs required to a station.

30
Q

What is our force code - to complete when issuing a ticket?

A

‘012’

31
Q

Should I issue an FPN or a VDRS?

A

Up to you - discretion. If minor then prob just issue a VDRS

32
Q

Check if they have any other FpNs against them before issuing another.

A

Check on Pentip.

33
Q

Always check ID when issuing an FPN / summons

A

.

34
Q

What if it’s a kid with no Id?

A

Call their parents to confirm ID.

35
Q

Tax disc - if no tax disc / expired tax disc - what do I do?

A

Inform DVLA.

36
Q

Tax disc - have but not on display - what do I do?

A

It is an offence to fail to display. - give FPN.

ie car parked up / stop someone with no tax disc

37
Q

S43?

A

No insurance

Use, permit, cause a motor vehicle to be driven on a road with no insurance

38
Q

When to caution?

A

As soon as you suspect an offence.

39
Q

What to say to a person when requesting a specimen of breath?

A

I suspect that you are driving a motor vehicle on a road under the influence of alcohol. I require you to provide a specimen of breath for a breath test. Failure to do so may make you liable to arrest and prosecution.

When did you last have something to drink?
When did you last smoke?

40
Q

What if someone blows positive on a roadside breath test?

A

Caution and Arrest them on suspicion of being over the prescribed limit and take them to the station for an evidential test.

41
Q

What is the necessity to arrest for S4 unfit to drive?

A

S24 pace 1984.

To allow the prompt and effective investigation of the offence.

42
Q

What is the necessity to arrest for S5, over the prescribed limit?

A

Following a positive preliminary breath test - necessity to arrest comes from S6d(1) RTA 1988

43
Q

What should you do upon stopping a vehicle for a motoring offence?

(Non arrestable)

A

Think health and safety - engine off, driver out of vehicle and onto footpath.

Point out the offence

Caution using ‘when questioned’ caution + 2 - not under arrest and don’t have to remain there.
(unless questioning is not necessary to gather further evidence)

Request driving docs (license both parts, insurance, mot) or question driver about the offence, or both.

Point out any offences relating to docs if applicable (note if more than 12points then you will have to report for summons, you cannot FPN).

Write in PNB

Offer FPN or VDRS as appropriate

Complete form as necessary.

Use ‘now’ caution. Note time and the reply.

Hand over forms as applicable and complete your PNB.

44
Q

S170 - driver must provide what?

A

Name and address
Name and address of vehicle owner
Reg number
Insurance certificate where personal injury is caused to a person other than himself.

45
Q

Failing to stop at an accident.. An offence under what section/act?

A

S170 RTA 1988

46
Q

Power to stop a mechanically propelled vehicle on a road?

A

S163 RTA 1988

47
Q

Quitting offence?

A

Regulation 107 of road vehicles (construction and use) regulation 1986.

An offence to leave the vehicle with the engine running or handbrake not set

48
Q

Scenario 1 obstruction…

A

Approach and ask person to step outside vehicle, take keys with them

Explain the offence and caution +2

Ask any questions as necessary

Advise you will issue an FPN, check drivers acceptance

Complete form and issue to driver

Report each offence and use now caution.

Complete PNB (noting time and reply to the now caution)

49
Q

Scenario 2 quitting

A

Approach and ask person to step outside vehicle, take keys with them

Explain the offence and caution +2

Ask any questions as necessary

Advise you will issue an FPN, check drivers acceptance

Complete form and issue to driver

Report each offence and use now caution.

Complete PNB (noting time and reply to the now caution)

50
Q

Scenario 3 - driving erratically

A

Approach and ask person to step outside vehicle, take keys with them

Explain the reason for stop and request specimen of breath

Ask when last had a drink /smoke?

Conduct breathalyser test

If over limit arrest for suspicion of OPL (s5) and use ‘now’ caution.

If under limit and not suspicious then let them go, if still suspicious (perhaps drugs) arrest under suspicion of unfit through drink/ drugs (s4)

Complete PNB (noting time and reply to any caution)

51
Q

Scenario 4 - RTA

A

Approach and ask person to step outside vehicle, take keys with them

If already outside vehicle ask what has happened and explain you will need to breathalyser them as a matter of routine for injury accidents

2nd officer to attend to cyclist

If over limit arrest and caution under suspicion of OPL - s5. If under limit thank them for cooperation (unless suspect drugs)

If no suspicious circumstances ensure drivers exchange details under s170 road accident.

Complete PNB (noting time and reply to the now caution)

52
Q

Scenario 6 - learner driver

A

Approach and ask person to step outside vehicle, take keys with them

Explain reason for stopping / the offence and caution +2

Ask any questions as necessary

PNC check vehicle for insurance

Request provisional license from learner driver and full license from supervisor

Check supervisor is over 21 and has had license more than 3 years.

If supervisor is not valid, then it is an offence under s87 RTA - driving otherwise than in accordance of a license.

Report learner driver for summons if have all docs and report supervisor for summons for aiding and abetting.

If no docs - issue FPN with Hort/1 to get docs to station within 7days.

Report each offence and use now caution.

Complete PNB (noting time and reply to the now caution)

53
Q

Scenario 5 - vel.

A

Approach and ask person to step outside vehicle, take keys with them

Explain the offence and caution +2

Ask any questions as necessary

If no tax disc - ask where it is? If have but Failure to display = FPN

If dont have at all - report to DVLA

If have tax disc but wrong reg no- ask why? PNC check both the vehicle in front of you and the vehicle reg on the tax disc.

If suspicious - caution and arrest on suspicion of theft of tax disc.

If not suspicious and genuine mistake aside and send them on way.

Complete form and issue to driver

Report each offence and use now caution.

Complete PNB (noting time and reply to the now caution)

54
Q

Nip - notice of intended prosecution

A

Applies to offences listed in s1 RTA ie:

  • Dangerous driving/cycling
  • Careless and inconsiderate driving/cycling
  • Failing to conform with indication if police officer when directing traffic
  • Failure to comply with traffic sign
  • Speeding offences
DAFFLES
Dangerous driving
Aid and abet
Fail to stop for police 
Fail to comply  to traffic sign
Leaving vehicle dangerous position
Speeding
55
Q

Nip - must be served within how many days of the offence?

A

At time of the offence or within 14 days

56
Q

Nip - can be served through the post.. Ie

A
  • If on automatic speed camera or

- Seen by officer going through red light but it is too dangerous to follow