Traffic practical Flashcards
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: ?
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)
Can an FPN be given to someone who is 16?
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
What if the offence is endorsable and the offender does not have their license with them?
The officer may give them a provisional fixed penalty and a notice to produce their docs to a station within 7 days.
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?
S161 RTA 1988
An FPN may be issued unless what?
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
Examples of the main endorsable offences
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
Examples of main non-endorsable offences?
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
What info to give or PNC check on vehicle?
VRM (repeat) Make Model Colour Reason Location
Info to give for PNC check on a person ?
NASCH RL
Name (surname, first name) Age (dob) Sex Colour Height Reason Location
What does status 12 mean?
Asking if anyone else if listening to the conversation? (Ie do you have your earpiece in)
Driving whilst unfit through drink or drugs… what section/ act?
- The Most serious of drink drive offences
S4 RTA 1988
Duty of driver in RTA, damage only
Stop
Give name, address and vehicle details
Duty of driver in RTA, injury RTA
Stop
Give name, address and vehicle details
Produce instance certificate
Driving or attempting to drive or being in charge of a vehicle whilst over the prescribed limit?
S5 RTA 1988
When can you not be prosecuted for S5 - OPL?
When on private land
What does a roadside breath test do?
Gives you the grounds to suspect/believe someone is OPL
You can then arrest and take to station for further test.
Power to take a preliminary breath test?
Offence for failing to comply with breath test?
Power of arrest for failure to comply?
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
North yorks policy re accident breath tests
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.
‘Accident’ (re breathalising)
not the same as the definition of an accident under s170
Any unexpected, untoward occurrance.
For purpose of breath test this could include incidents such as clipping a kerb / bollard.
What if pass the roadside breath test but you still suspect intoxification based on physical signs?
You can arrest on suspicion of drugs and have a dr examine them at the station.
Power of entry for imposing a S6?
S6e
What is an FPN?
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