Traffic Pt. 2 Flashcards

1
Q

Traffic Fixed Penalty Notice:

A

S.54 Road Traffic Offenders Act 1988

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2
Q

TFPN

A

Issued by a constable in uniform if there is reason to believe that a person is committing or has committed a fixed penalty offence

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3
Q

Control of vehicle and use of handheld device:

A

S.41D RTA 1988

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4
Q

S.41D RTA 1988

A

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

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5
Q

NIP:

A

S.1 Road Traffic Offenders Act 1988

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6
Q

Requirements to be convicted of offence schedule 2 Road Traffic Offenders Act applies to

A
  • 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
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7
Q

Schedule 2 Road Traffic Offenders Act does not apply when

A
  • vehicle was involved in accident at the time of or immediately after offence
  • fixed penalty notice or notice under fixed penalty scheme was issued
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8
Q

Driving without due care and attention:

A

S.3 RTA 1988

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9
Q

S.3 RTA 1988

A
  • drives
  • MPV
  • on a road/other public place
  • without due care and attention or reasonable consideration for other road users
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10
Q

Without due care and attention

A

Standards of driving fall below what would be expected of a competent and careful driver

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11
Q

Without consideration for other road users

A

other road users were inconvenienced

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12
Q

Dangerous Driving:

A

S.2 RTA 1988

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13
Q

S.2 RTA 1988

A
  • driver of MPV
  • drove dangerously
  • on road or public place
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14
Q

Driving dangerously

A

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

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15
Q

Dangerous Cycling:

A

S.28 RTA 1988

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16
Q

Cycling without due care and attention:

A

S.29 RTA 1988

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17
Q

Causing Serious Injury by Dangerous Driving:

A

S.1A RTA 1988

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18
Q

S.1A RTA 1988

A
  • driver
  • of MPV
  • caused serious injury to another person
  • by driving dangerously
  • on a road or public place
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19
Q

Serious Injury

A

physical harm that amounts to GBH

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20
Q

Wanton or Furious Driving:

A

S.35 Offences Against the Person Act 1861

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21
Q

S.35 Offences Against the Person Act 1861

A
  • in charge of carriage or vehicle
  • by wanton/furious driving/racing or other wilful misconduct or neglect
  • did/caused bodily harm to be done to another
22
Q

Death by Dangerous Driving:

A

S.1 RTA 1988

23
Q

S.1 RTA 1988

A
  • caused death of another person
  • by driving
  • an MPV
  • dangerously
  • on a road or public place
24
Q

Causing death by careless driving when under the influence:

A

S.3A RTA 1988

25
Q

S.3A RTA 1988

A

-caused death of another person
-by driving a motor vehicle
-on a road or public place
-without due care or reasonable consideration for other road users
AND at the time of the offence
-was unfit through drink or drugs
-OR was over the prescribed alcohol or drug limit
-OR within 18 hrs of the offence failed to provide a specimen
-OR on being requires failed to give permission to take a specimen of blood

26
Q

Causing Death by Driving - Disqualified Driver:

A

S.3ZC RTA 1988

27
Q

Causing Death by Driving - No Insurance or Licence

A

S.3ZB RTA 1988

28
Q

Causing Death by Driving Without Due Care:

A

S.2B RTA 1988

29
Q

S.2B RTA 1988

A
  • caused death of another person
  • by driving
  • an MPV
  • on a road or public place
  • without due care attention or reasonable consideration for others
30
Q

S3Z RTA 1988

A
  • caused death of another person
  • by driving
  • a motor vehicle
  • on a road
  • whilst disqualified, no insurance or no licence
31
Q

Driving While Unfit through Drink/Drugs:

A

S.4 RTA 1988

32
Q

S.4 RTA 1988

A
  • Drove/attempted to drive/was in charge of
  • MPV
  • on a road or public place
  • While unfit through drink or drugs
33
Q

Preliminary Testing Powers:

A

S.6 RTA 1988

34
Q

Reasons for Preliminary Testing

A

Constable reasonably suspects that the person:

  • is driving/attempting to drive/in charge of motor vehicle on a road or public place with alcohol or drugs in body or under influence of a drug
  • OR has committed S.4 but with motor vehicle only AND still have alcohol or drug in their body or are still under influence of a drug
  • OR is or was driving/attempting to drive/ in charge of a motor vehicle on a road or other public place and have committed a traffic offence while the vehicle was in motion
  • OR an accident has occurred owing to the presence of a motor vehicle on a road or other public place and the constable believes they were driving/attempting to drive/ in charge of the motor vehicle at that time
35
Q

Drive/attempt to Drive/ in Charge of motor vehicle (road/public place)while over the prescribed limit:

A

S5 RTA 1988 - alcohol 5(1) - drugs 5A

36
Q

Defence for S.5 RTA 1988

A

there was no likelihood the person would drive while over the prescribed limit (w/ burden of proof on the defendant)
*court may ignore any injury to them or damage to the vehicle

37
Q

Fail to Provide Specimen for Analysis:

A

S.7 RTA 1988

38
Q

S.7 RTA 1988 conditions

A

Constable MUST warn that failure to provide is an offence and may render that person liable to prosecution
Constable must be fully uniformed unless RTC has occurred by which injury was caused
If blood is taken the constable must require permission for a lab test to be undertaken, failure to do so is an offence under S.7A(6) S.7 RTA 1988

39
Q

S.28 RTA 1988

A
  • rode a cycle
  • of a road
  • dangerously
40
Q

S.29 RTA 1988

A
  • rode a cycle
  • of a road
  • without due care or reasonable consideration for other road users
41
Q

Cycling while under the influence of drink/drugs:

A

S.30 RTA 1988

42
Q

S.30 RTA 1988

A
  • rode a cycle
  • on a road or other public place
  • while unfit to ride through drink/drugs
43
Q

Riding or driving on a footpath:

A

S.72 Highways Act 1835

44
Q

S.72 Highways Act 1835

A
  • wilfully rode/drove/led/tethered
  • carriage of any description, truck sledge or animal
  • upon a footpath or causeway
  • by the side of a road
  • made/set apart
  • for the use/accommodation of foot passengers
45
Q

Obtain licence/drive on road whilst disqualified:

A

S.103 RTA 1988

46
Q

Causing Serious Injury While Driving While Disqualified:

A

S.3ZD RTA 1988

47
Q

Driving motor vehicle of class not authorised:

A

S.87 RTA 1988

48
Q

Drive with uncorrected eyesight/ fail to take required eyesight test:

A

S.96 RTA 1988

49
Q

Drive motor vehicle off-road:

A

S.34 RTA 1988

50
Q

S.34 RTA 1988

A
  • without lawful authority
  • drove
  • an MPV
  • onto/upon common land/moorland/common land
  • not being land forming part of a road or on a road being a footpath/bridleway/restricted byway