Traffic Pt. 2 Flashcards
Traffic Fixed Penalty Notice:
S.54 Road Traffic Offenders Act 1988
TFPN
Issued by a constable in uniform if there is reason to believe that a person is committing or has committed a fixed penalty offence
Control of vehicle and use of handheld device:
S.41D RTA 1988
S.41D RTA 1988
A person who contravenes or fails to comply with a construction and use requirement
-by driving a motor vehicle on a road without proper control of vehicle or full view OR caused/permitted the above
-OR by being the driver/driving supervisor of a motor vehicle on a road used a hand-held mobile/similar device OR cause/permitted the above
is guilty of an offence
NIP:
S.1 Road Traffic Offenders Act 1988
Requirements to be convicted of offence schedule 2 Road Traffic Offenders Act applies to
- warned at time of offence that prosecution for one or other offences to which this section applies would be taken into consideration
- OR within 14 days of the commission of the offence a summons was served
- OR within 14 days a NIP specifying nature of offence and the time and place where it is alleged to have been committed was served on him for S28 or 29 RTA or for any other offence on him or on the person registered as the keeper of the vehicle at the time of the commission of the offence
Schedule 2 Road Traffic Offenders Act does not apply when
- vehicle was involved in accident at the time of or immediately after offence
- fixed penalty notice or notice under fixed penalty scheme was issued
Driving without due care and attention:
S.3 RTA 1988
S.3 RTA 1988
- drives
- MPV
- on a road/other public place
- without due care and attention or reasonable consideration for other road users
Without due care and attention
Standards of driving fall below what would be expected of a competent and careful driver
Without consideration for other road users
other road users were inconvenienced
Dangerous Driving:
S.2 RTA 1988
S.2 RTA 1988
- driver of MPV
- drove dangerously
- on road or public place
Driving dangerously
standard falls far below what would be expected of a careful and competent driver, and it would be obvious to a competent and careful driver that the way and/or driving the vehicle in the current state would be dangerous
Dangerous Cycling:
S.28 RTA 1988
Cycling without due care and attention:
S.29 RTA 1988
Causing Serious Injury by Dangerous Driving:
S.1A RTA 1988
S.1A RTA 1988
- driver
- of MPV
- caused serious injury to another person
- by driving dangerously
- on a road or public place
Serious Injury
physical harm that amounts to GBH
Wanton or Furious Driving:
S.35 Offences Against the Person Act 1861