Unit 9 - Road Policing Flashcards
1
Q
Define: Road
A
Any way (other than a waterway) over which there is public right of passage (by whatever means) and whether subject to a toll or not and includes,
the road’s verges and
- any bridges (whether permanent or temporary) over which,
- or tunnel through which, the road passes and;
any reference to a road includes parts thereof.
2
Q
What is a public road?
A
A road which a roads authority has a duty to maintain.
Note: this is opposed to a private road e.g. Tulliallan driveways/roads or a supermarket car park.
3
Q
What is the difference between a Mechanically Propelled Vehicle and a Motor Vehicle?
A
All motor vehicles are mechanically propelled vehicles (MPVs) but not all MPVs are motor vehicles.
Motor vehicles are MVPS that are intended or adapted for use on the roads.
Example: a mechanically propelled vehicle being an implement for cutting grass which is controlled by a pedestrian and is not capable of being used or adapted for use on a road is NOT classified as a motor vehicle.
4
Q
Which vehicles have been included under the term Motor Vehicle even though they weren’t originally intended for use on the road?
A
- Mini motos
- Quad bikes
- E-scooters
Why? The courts have deemed, through Case Law that they are Motor Vehicles and as such subject to the requirements of being insured, and driver having appropriate licence.
5
Q
What constitutes “driving”?
A
Having control of the speed and direction of the vehicle.
Examples:
- Driving in the normal sense of the word
- Being towed by another vehicle when the person in the towed vehicle has control of the steering and braking. This would not apply to a rigid tow.
- Pushing a car and jumping in as it gathers speed even although the engine is inoperative.
6
Q
Describe the 3 ‘parties’ involved in any insurance claim.
A
1st Party - the insurance company
2nd Party - the used or the motor vehicle
3rd Party - the person injured or whose property is damaged
The minimum requirement for insurance is to cover 3rd party risks only.
7
Q
What is the difference between the owner and the keeper of a vehicle?
A
Owner - person who owns the vehicle.
Keeper - could also be the owner or a different person.
E.g. company owns 40 cars (owner). They allocate 10 cars to one department of the company (keepers) who employ 10 drivers to use the vehicles (drivers).
8
Q
What offences are there in relation to Insurance?
A
Section 143 of the Road Traffic Act 1988
to use, or cause or permit the use, of a motor vehicle on a road or other public place without a policy of insurance covering 3rd party risks being in force.
Section 144A of the Road Traffic Act 1988
the registered keeper of a vehicle commits an offence if the vehicle is not insured, even if the vehicle is not being used on a road or public place.
So, if a vehicle is not subject to a Statutory Off Road Notification (SORN) with the DVLA then it must be insured.
9
Q
What is a statutory defence for Section 143 of the Road Traffic Act 1988 (driving without insurance)?
A
If the defence can prove that:
- the vehicle DID NOT belong to the driver, and
- the vehicle was not hired to the driver, and
- the vehicle was being driven by them in the course of their employment, and
- the person neither knew nor had reason to believe that there was no insurance cover.
10
Q
In what circumstances may you be exempt from requiring insurance?
A
- Vehicles owned by the Crown
- Local Authorities vehicles
- Police Authority Vehicles
- Vehicles owned by a person who has deposited £500,000 with the Supreme Court
- A vehicle driven for police purposes by or under the direction of a Constable
Note: If a vehicle is exempt from requiring insurance it is the keeper/drivers responsibility to provide proof of the exemption
11
Q
What is a cover note?
A
A cover note is a temporary Certificate of Insurance which includes the same information as the certificate but valid for a shorter period of time.
12
Q
What are the different ways someone can present their insurance to a Constable?
A
- Physical copy of Certificate of Insurance
- Cover Note (temporary certificate)
- Electronic copy of Insurance
- Printed copy of insurance
Constable is not required to provide electronic equipment in order to view the certificate.
13
Q
What power do we have in relation to requiring Insurance?
A
As per Section 165 of the Road Traffic Act 1988, Police Officers have the power to require the production of a Certificate of Insurance from any person who:-
- is driving a motro vehicle on a road, or
- the officer has reasonable cause to believe has been the driver of a motor vehicle at a time when a collision occured owing to its presence on a road or other public place, or
- the officer has reasonable cause to believe has committed an offence in relation to the use of a motor vehicle on a road.
14
Q
What does the HO/RT 1 Procedure relate to?
A
- Home Office/Road Traffic Form 1
- It is an offence for a person lawfully required to produce their driving documents e.g. license or insurance, to fail to produce any of these documents HOWEVER, it is recognised that many people DO NOT carry these at ALL TIMES.
- To allow for this, the person can choose to present the required documentation at a police station specified by them at the time the requirement to produce the document(s) was made.
- The document MUST be produced within 7 days beginning on the day AFTER the day on which the requirement was made.
- Failing this, in exceptional circumstances, the person must produce it as soon as reaosnably practicable e.g. if they have been on holiday.
15
Q
What information should be included on a HO/RT 1 form?
A
- Details of the person requiring to present the documentation
- The vehicle details
- Time and Date
- Locus
- Documents required
- Nominated Police Station
- Constables details
16
Q
When a HO/RT is issued, does the documents required have to be produced in person?
A
No. It is perfectly acceptable to have these produced by a friend or relative on behalf of the person concerned.
17
Q
What happens once documents have been produced at a Police Station?
A
- The Officer accepting their production will check them and, if necessary, record their details by completing a HO/RT 2 form for return to you.
- It is now very common for details of motoring documents to be avalaible to you on PNC but not always so a HO/RT is still a valid way of checking validity of driving documents.
18
Q
What does Section 165A of the Road Traffic Act 1988 allow a Constable to do?
A
Size a vehicle and remove it until valid documents are produced or disposal of the vehicle is arranged.
This is used when a vehicle has been stopped on a road and the Constable requires the driver to provide their driving license and/or insurance and they fail to do so. If you have reasonable grounds to believe that they are committing an offence under Section 87(1) or 143 of the Road Traffic Act 1988, you may seize and remove the vehicle.
Note: removal is not an alternative to prosecution and where sufficient evidence exists, the driver should be cautioned and charged and offered a conditional offer of fixed penalty or reported to the PF.
THIS POWER MAY ONLY BE USED WHEN THE MOTOR VEHICLE IS BEING DRIVEN ON A ROAD.
19
Q
What must you do before exercising the power of Section 165A of the Road Traffic Act 1988?
A
- warn the driver that the vehicle will be seized unless valid documents are produced immediately.
- record this warning in officer’s notebook
- if it is not possible to carry out the warning, the reason why should be recorded instead.
- where the vehicle has failed to stop or driven off, the power can be used within 24 hours.
- reasonable force may be used to affect seizure but this does not include a power to enter a private dwelling house.
- However, a private dwelling does not include the garage, garden, land, driveway etc.
20
Q
What 3 obligations are there to fulfil when there is a change of ownership of a vehicle?
A
1) Previous keeper writes the new keeper’s name and address in the ‘new keeper’s’ section and ticks appropriate box. They also write the new keeper’s details on the green section and thereafter the previous keeper sends the appropriate part to DVLA.
2) Both new and previous keeper sign and date the declaration section. The new owner retains the green section (New Keeper Supplement) until receipt of a new registration document.
3) If selling to a motor trader the owner must complete the relavent section, send it to DVLA and hand the ramining parts to the motor trader.
A person who contravenes any of the above commits and offence.
21
Q
How should registration marks look?
A
Vehicles first registered after 1st Jan 1973
Front - white background with black characters
Back - yellow background with black characters
The background is of a reflex material.
The registration mark shall be fixed and displayed:-
- Motorcycles - on the back only
- any other vehicle - on both front and back of the vehicle.
Since 1st Sept 2001, registration marks consist of:
- 2 letters (referring to the region in the country the vehicle was first registered).
- 2 numbers (identify when it was issued).
- a space and 3 letters chosen at random.
E.g. BD51 SMR
22
Q
What dimensions but the characters on number plates be?
A
- Characters (except 1 or I) must b 50mm wide.
- Characters must be 79mm tall.
- the thickness of the black print must be 14mm
- the space between characters must be 11mm.
- the space between the age identifier and the random letters must be 33mm.
- the margins at the top, bottom and side of the plate must be 11mm.
- vertical space between the age identifier and the random letters must be 19mm.
These dimensions are vital for ANPR to be able to read the number plates.
23
Q
What offence is related to registration plates?
A
It is an offence to alter, rearrange or misrepresent letters or numbers in order to form names or words or in such a way that makes it difficult to read the registration number.
24
Q
What is an excise license?
A
- Road Tax which is required for any vehicle which is used or kept on a public road.
- Once paid, info is kept on the DVLA database as having a full excise license.
- Valid for either 6 or 12 months & may be renewed from the 5th day of the month it expires OR for five working days after the end of the month which it expires.
- Can be purchased from an authorise Post Office, DVLA website or DVLA 24 hrs automated phone line.
25
What is the most common offence related to Vehicle Excise Licenses?
Section 29 of the Vehicle Excise and Registration Act 1994
It is an offence for any person to keep or use a vehicle without a valid vehicle excise license.
Only exceptions are: 1) if the vehicle is exempt or 2) vehicle has been declared as off road i.e. SORN.
Note: if an employee that is driving, then only the owner who would be reported for this offence.
26
What Police Powers are there to deal with someone who has committed the offence of using or keeping a vehicle on a road without vehicle excise?
- The offender will be reported directly to the DVLA.
- Via a national form known as CLE2/6.
- SPR not required.
27
Which vehicles may be exempt from requiring an Excise Licence?
- Electric Vehicles
- Certain vehicles categorised as invalid carriages (mobility scooters and powered wheelchairs).
- Vehicles being taken to or from a prearranged Department of Transport test (MOT)
- Vehicles being used under the conditions of a Trade Licence.
- Vehicles used for agricultural, forestry or horticultural purposes, only on public roads when passing between different areas of land owned by the same person and where the distance between the 2 areas does not exceed 1.5km.
- HM Forces and Crown Vehicles (if exempt) e.g. police, fire service, ambulance vehicles, lifeboats and mine rescue vehicles.
- Historic vehicles, vehicles made before 1 January 1980.
28
What are trade licences?
- Special vehicle licences issued to Motor Trader and Vehicle Testers.
- Allows traders and testers to use any vehicles that are in their possession, through their trade to be used on public roads without the need for vehicle licences or registration.
- Only one vehicle, at any one time, may be used on a single Trade License.
- If you are going to test-drive a vehicle, you can road test it without it being registered or without it displaying a vehicle excise licence provided a trade licence is fitted.
MOTOR TRADER = a person who manfuctures, repairs or deals in mechanically propelled vechiles and also includes those whose trade involved car valeting or the fitting of motor accessories.
VEHICLE TESTER = a person who tests mechanically propelled vehicles on the roads in the course of their business.
29
How does the appearance of a Trade License differ from a normal Excise licence?
- Trade licence registration plates will be white with red lettering.
- Trade licence exhibited in a container attached to the front trade plate.
- Both trade plates must be securely fixed to the front and rear of the vehicle being used.
- For a motorcycle, the rear plate ONLY.
30
What are the conditions of use for a Trade Licence?
1. Only in connection with a motor trader or vehicle trader's business.
2. Vehicles may only be used on roads but not kept on roads.
3. When delivering a vehicle (via the most direct route).
4. To demonstrate vehicles to prospective customers.
5. To test vehicles.
31
What is an MOT and who carries them out?
- A vehicle test to ensure roadworthiness of a motor vehicle.
- Without an MOT (conducted, passed and certificated), motor vehicles cannot be used on a road.
- A motor mechanic who is qualified as an Authorised Vehicle Tester will carry out the acual test.
- Tests are carried out at garages authorised by the DOT. They are known as Vehicle Testing Stations.
32
What does Section 47 of the Road Traffic Act, 1988 create an offence for?
For anyone person to use, or cause or permit the use, of a motor vehicle one a road without a valid Test Certificate (MOT).
33
Which vehicles require a MOT test certificate? When do vehicles require this?
1. Motor cars
2. Motor cycles
3. Goods vehicles not exceeding 3500kg gross vehicle weight.
All NEW vehicles require a Test Certificate 3 years after the first date of registration.
All vehicles that have been used on a road PRIOR to being registered will need one 3 years from the manufacture date.
Thereafter, an MOT test is required to be passed annually, prior to its expiry date.
34
When are vehicles exempt from holding a valid MOT test certificate?
- Travelling to or from a pre-arranged test (the most direct route must be taken to the test centre)
- After a test, taking vehicles to or from a place of repair (to a specialist repair and back to the MOT centre for re-examination)
- Vehicles removed or seized by official bodies such as Police or Customs & Excise
- Police vehicles (maintained by own vehicle mechanics)
- Foreign vehicles used temporarily in the UK e.g. French worker on month contract in UK with 4 year old vehicle. However, if sold car would need to register and have it tested first.
- Certain other vehicles are exempt if they are subject to other testing requirements e.g. heavy goods vehicles and public service vehicles.
35
What does Section 165 of the Road Traffic Act 1988 require a person to produce?
- A valid test certificate
IF either, that person is:
- driving a motor vehicle on a road;
- suspected of having committed a motoring offence on a road;
- suspected of driving a motor vehicle on a road or other public place, when it was involved in a road collision.
Officers would usually require the driver to produce their driving license and insurance as well.
36
What is a VT20/TRE?
- a MOT test certificate which is classed as a receipt of the MOT test having taken place.
- it was introduced to reduce fraud and to allow information to be placed straight onto a national database.
- this SHOULD NOT BE RELIED UPON as proof of testing.
- it's VALIDITY must be checked via PNC or by logging onto appropriate website.
- the VT20/TRE form outlines the procedure to be followed to confirm that the certificate is a genuine record of VOSA's MOT database.
37
What exemptions are there for failing to produce an MOT test when so required?
- If the person produces it within 7 days, commencing the day after the requirement was made. The certificate must be produced at a police station specified by the person at the time the requirement was made (as per HO/RT1 form) OR
- It was produced there, at the requested police office, as soon as was reasonably practicable e.g. test certificate in a business premises elsewhere and has to be posted.
Note: it is NOT necessary for the driver to produce the test certificate in PERSON.
38
What other offences are related to MOT certificates?
- Causing or permitting someone to drive a vehicle without a valid test certificate being in force.
- The owner AND driver can be charged if they are not the same person.
- However, an employee driving on behalf of an employer would generally not be charged.
- To prove GUILT, both parties should know a VALID MOT is not in force.
39
What Police Powers can be used to deal with a Section 165 offence?
Non-endorsable Conditional Offer (fine but no penalty points) of Fixed Penalty.
40
What offence is covered by Section 87 of the Road Traffic Act 1988?
- to drive, or cause or permit another person to drive;
- any class of motor vehicle on a road;
- otherwise than in accordance with a licence authorising them to drive a motor vehicle of that class.
41
What Police Powers are available when an offence under Section 87 occurs?
- You could consider an Endorsable Conditional Offer of Fixed Penalty (i.e. fine and penalty points)
- You could also seize the vehicle and remove it under Section 87 (1) or 143 of the Road Traffic Act if you have reasonable grounds to believe that they are committing an offence under these sections.
42
How long are drivers licenses valid for?
- Until the driver reaches 70 years old.
- Photo cards must be renewed every 10 years.
- Some older licences are in paper form and are valid until they reach their expiry date or they need reissued.
43
What colours are provisional vs full licences?
Provisional Licences = green
| Full Licences = pink
44
What information is found on MOST driving licences?
DENTED
```
Driver Number
Electronic Endorsements (accessible via DVLA link/recorded on PNC)
Name and address of holder
Type of licence
Entitlements
Date of issue/expiry
```
45
How are Driver Numbers broken down?
First 5 letters of a surname e.g. MACKI
```
Digits 1 and 6 = Year of birth
Digits 4 and 5 = date of birth
Digits 2 and 3 = month of birth
Second Digit 0 or 1 (Male)
Secong Digit 5 or 6 (Female)
```
956205
Initials of first two names. If no middle names, a second initial becomes a 9.
HS
Middle digit - 9 unless two drivers with identical name; d/o/b etc. (would change to 8 in this instance).
Finally, 2 digits randomly allocated by DVLA
MCKI9562059HS9EN
46
What criteria must be satisfied to hold a PROVISIONAL moped licence?
The rider must:
- Be a minimum of 16 years old
- Undergo compulsory basic training and hold a "certificate of Completion"
- Display 'L' plates
- Not carry a pillion passenger
47
What constitutes a moped?
" a motor vehicle that has fewer than four wheels and:-
- does not exceed 50cc; and
- maximum speed does not exceed 30mph."
48
What must a rider do before being given a Full Moped Licence?
- Pass an accompanied rider test.
- A Certificate of Competence issued allowing the rider to ride without L plates and carry a pillion passenger
- This certificate is submitted to the DVLA who will issue a full moped licence.
49
Are mopeds allowed on motor ways?
No. REGARDLESS of whether the rider has a provisional or full licence.
50
What counts as a motorcycle?
- a mechanically propelled vehicle (not being an inalid carriage)
- with less than 4 wheels and
- not exceeding 410kg.
51
What is required to hold a provisional motorcycle licence?
The holder must be:
- A minimum of 17 years old
- Undergo Compulsory Basic Training (CBT) and hold a 'Certificate of Completion' before used on a road
- Display 'L' plates
- Not carry a pillion passenger
- Not ride on a motorway
The holder must take and pass a test to gain a full licence within 2 years from the issue of the provisional. If not, the provisional will lapse for one full year.
52
What must a rider do to gain a full motorcycle licence? What kind of motorcyle can they then drive?
- obtain a provisional first
- complete the CBT
- pass an accompanied rider test
Their age will then dictate what kind of motorcycle they can drive.
Progressive Route: AM, A1 and A2 (restricted engine size and power) for younger riders by using the Progressive Route. Series of successive tests allowing them to ride more powerful motorcycles, culminating with a full Category A licence at 21 years of age.
Direct Route: for riders 24 years or older. Allows them to learn and be tested on larger capacity machines and be issued a licence in category A (unrestricted motorcycles of any size and power).
53
What conditions are there for a provisional licence holder?
- Must be 17 years old or older
- 'L' plates must be fitted
- No trailer to be drawn (unless for agruclture or articulated vehicles)
- The driver must be supervised by a person who is at least 21 years old AND has held a full licence for that group/category of vehicle for a minimum of 3 years.
- A provisional licence holder may drive the vehicle on a motorway. They must be supervised by an approved driving instructor AND the car fitted with dual controls.
54
When a provisional driver passed their driving test, they are issued with a 'certificate of competence'. How long is this valid for?
- 2 years.
- if they don't submit this to the DVLA for a full drivers licence, the holder reverts back to a provisional driver and must retake the test.
55
As well as driving a car, what other vehicles can someone with a Full Car Licence drive by extention?
- Mopeds
| - Motorcycles (but only on a provisional basis)
56
In what circumstances may a Constable require a person to produce their driving licence?
1. When driving a motor vehicle on a road.
2. When suspected of having committed a motoring offence (including cause and permit offences).
3. When suspected of driving a motor vehicle on a road when involved in a road collision.
4. If supervising a driver who is a provisional licence holder, in any of the above circumstances.
NOTE: the person MUST produce their licence and receipt in PERSON (to verify identity) whether or not it is produced there and then or at a specified Police Station within 7 days.
57
In what circumstances would a Constable also require the person's date of birth?
When a person fails to produce a driving licence for immediate inspection or where a Constable suspects that the driving licence produced is invalid due to:-
1. Forgery; or
2. Personating; or
3. Fraud
It is an offence for any person to fail to meet these requirements.
58
What are you not allowed to do while disqualified from driving as per Section 103 of the RTA 1988?
- holding or obtaining a licence, or
| - driving a motor vehicle on a road.
59
What is the alternative to being disqualified from driving?
- the person's licence may be ensorsed with penalty points instead.
- these are recorded electronically on the DVLA database.
- Penalty points are 'live' for up to 3 years.
- but will remain on a licence for 4 years for admin purposes.
- if a person accumulates 12 or more, they MUST be disqualified.
- after the period of disqualification is spent the person reverts back to a zero score.
60
What Police Powers are there for a person driving a motor vehicle on a road whom a Constable has reasonable cause to suspect of being disqualified?
- arrest without warrant
- uding Section 1 of the Criminal Justice Scotland Act 2016
- for driving whilst disqualified
61
What is the special provision for new drivers regarding disqualification from driving?
- New Drivers have a probationary period of 2 years from the day they pass their test.
- where 6 or more penalty ponts are accumulated within that period, the licence will be revoked.
- they would then have to gain a provisional licence again until passing a retest.
62
What are the conditions of an eyesight test that a Constable may subject a person to if they have reason to suspect that the person is driving with uncorrected defective eyesight?
1. The test must be carried out in good daylight
2. Glasses, if worn at the time of the driving, may be used
3. The subject must be able to read a motor vehicle registration mark with characters 79mm high and 50mm wide at a distance of 20 metres (Post 2001 - e.g. SM51 ZZJ, Pre 2001 - Read registration mark 79mm and 57mm wide at 20.5 metres e.g. K*17 KWU).
It is an offence for a person to refuse to submit to the test.
63
Lesson 4 - Dangerous & Careless Driving/Cycling
Name some reasnons why a person's driving standard would fall below that which is expected.
- Driver mood
- Driver personality
- Driver experience
- Vehicle condition
- Road/weather conditions
64
Lesson 4 - Dangerous & Careless Driving/Cycling
Define - "Dangerous Driving".
"If a competent and careful driver would consider:-
- that the driving falls far below his or her standards; and
- would consider the driving to be dangerous; or
- that the current state of the vehicle being driven is dangerous."
Danger = danger of injury to any person OR serious damage to property.
65
Lesson 4 - Dangerous & Careless Driving/Cycling
Give some examples of dangerous driving.
- Driving through a built up area at greatly excessive sppeds.
- Driving through a level crossing when the barriers are down.
- Driving a vehicle that is in such a condition, mechnically, that it should not be used on a road e.g. with bald tyres or defective breaks.
66
What is meant by Careless driving?
- Driving without due care and attention, or
- Driving without reasonable consideration for other people using the road or public place.
Breaking the Highway Code is not an offence in itself but police and courts can use it as a guide to establishing whether or not a person was driving carelessly or not.
67
What are some examples of driving without Due Care and Attention?
- Failing to judge correctly distance, speed or distanced between other vehicles etc.
- After signalling, failing to ensure that it has been seen or understood before manouvering.
68
What are some examples of driving without reasonable considertaion for other people?
- Driving very slowly on narrow roads and not allowing other vehicles to pass.
- Unnecessary driving through puddles, drenching pedestrians.
- Driving a vehicle in a manner that, although not dangerous, frightens passengers.
69
What counts as Causing Death by Dangerous Driving?
- death is caused by dangerous driving
- driving a mechanically propelled vehicle dangerously on a road or other public place
- it must be proved that the dangerous driving was AT LEAST A CAUSE of the death of the person.
70
What counts as Causing Death by Careless or Inconsiderate Driving?
- causing the death of another person
- by driving a mechanically propelled vehicle on a road or other public place
- without due care and attention
- or without reasonable consideration for other persons using the road or place.
71
What does Section 3A of the Road Traffic Act create an offence for?
- causing the death of another person by driving a mechnically propelled vehicle on a road or other public place
- without due care and attention
- or without reasonable consideration for other persons using the road or place, AND
- they are, at the time when they are driving, unfit to drive through drink or drugs; or
- they have consumed so much alcohol that the proportion of it in their breath, blood or urine at that time exceeds the prescribed limit; or
- they are, within 18 hours after that time, required to provide a specimen in pursuance of Section 7 of this Act, but without reasonable excuse fails to provide it; or
- they are required by a Constable to give their permission for a laboratory test of a speciment of blood taken from under Section 7A of this Act, but without reasonable excuse fails to do so; they are guilty of an offence.
72
What does Section 3ZB of the Road Traffic Act 1988 create an offence for?
For any person to cause the death of another person by driving a motor vehicle on a road and, at the time when they are driving, the circumstances are such that they are committing an offence under:-
- Section 87 (1) of the Road Traffic Act 1988 (driving otherwise than in accordance with a licence)
- Section 143 of the Road Traffic Act 1988 (using a motor vehicle whilst uninsured or unsecured against third party risks).
73
Section 3ZC of the RTA Act 1988 creates an offence for any person to cause the death of another person by driving a motor vehicle on a road and, at the time when they are driving, the circumstances are such that they are committing an offence under Section 103(1)(b) of the RTA 1988. What does this relate to?
Driving whilst disqualified. So, causing the death of another person by driving while disqualified.
74
What alternatives to prosecution are there for those who have been charged with Careless Driving?
- The Driving Improvement Scheme.
- Theory, Driver Assessment and Practical instruction.
- Any age of driver can be offered this.
- This does not involve a re-sit of the normal driving test.
75
What are the requirements for someone to be eligible for the Driver Improvement Scheme?
- Is there enough evidence to suggest the 'accused' would be convicted if the matter went to Court?
- If so, then the matter will be reported to the PF, by means of an SPR indicating the accused's suitability to take part in the driver alertness course.
- The PF wil consider the matter and thereafter make a referral to the course providers.
- The accused may agree to abide by the terms of the course, namely by paying a prescribed fee and attending the course and fulfilling the course criteria within 6 weeks of the date of the offence. Failure to do so will result in the PF proceeding with Court proceedings against the accused.
NOTE: If the driver/rider is involved in another Careless Driving incident within 3 years of the course completion date a second course will not be offered in lieu of proceedings.
NOTE: It's up to the PF to offer the course to the driver/rider. The reporting officer should not inform the accused that they will be offered this.
76
Section 28 of the RTA creates and offence for any person to ride a cycle on a road dangerously. When would a person be regarded as riding dangerously?
If:-
- the manner of their riding falls far below what would be expected of a competent and careful cyclist, and
- it would be obvious to a competent and careful cyclist that riding in that manner would be dangerous.
In additon to Section 28, Section 29 creates an offence for any person to ride a cycle on a road without due care and attention or consideration for other road users.
77
Who gives a Constable authorisation to require "certain people" to supply information as to the identity of the driver or rider at the time of an offence?
- The Chief Constable
- In writing
- Kept with your warrant card
- This should be shown if requested by a driver during a Section 172 process.
78
What is meant by "certain people" with regards to Section 172 of the RTA 1988?
- The Vehicle's registered keeper or owner.
| - Any other person who may have the information i.e. the identity of the driver/rider at the time of the offence.
79
What is classed as a "relevant offence" with regards to Section 172 of the RTA 1988?
- Culpable homicide by the driver of a motor vehicle.
- Most offences under the RTA 1988.
- Offences against any other legislation which related to the use of vehicle on roads e.g. Section 25, 26 and 27 of the Road Traffic Offencers Act 1988.
80
If there are no witnesses to a RTA offence and you are on patrol on your own, why must you call for assistance?
Corroboration is required with regard to the person being the driver of the car. You would need to carry out a Section 172 in the presence of a colleague. The reply to the Section 172 would be further evidence to corroborate the original officer as the single eye witness.
81
What is a statutory defence for a Section 172 offence?
- the person can prove that they did not know and could not, with reasonable diligence, have found out who the driver or rider was at the material time
- e.g. Mr Robertson has his car stolen and it is then involved in a road traffic collission where the vehicle fails to stop.
- As the vehicle is stolen, it is highly unlikely that Mr Robertson would be able to say who the driver was at the time of the offence.
82
What practicalities and procedures should be followed when using your power under Section 172?
- explain the terms of Section 172 to the person
- make the requirement
- note precise wording of any reply made (replies made may provide valuable evidence to corroborate the identity of the driver)
- use Divisional guidelines or Aide Memoire for wording e.g. In terms of Section 172....I require you to identify the driver of motor car....I must warn you that you are not entitled to remain silent...failure to do so is an offence. Do you understand?
- further enquiry will be required if perosn claims they have sold or had their vehicle stolen recently.
- Officers should ensure that another office corroborates the requirement and any replies made.
83
When must you give a Warning of Intended Prosecution?
Road Traffic Act 1988
Section 2 - Dangerous Driving
Section 3 - Careless Driving
Section 22 - Dangerous Parking
Section 28 - Dangerous Cycling
Section 29 - Careless Cycling
Section 35 - Failing to comply with traffic directions
Section 36 - Failing to comply with traffic signs
Road Traffic Regulation Act 1984
Section 16 - Ignoring temporary traffic prohibitions
Section 17 (4) - Speeding on motorways
Section 88(7) - Driving below minimum speed limits
Section 89 - General speeding
84
When is no Warning of Intended Prosecution required for appropriate offences?
If, at the time of the offence or immediately after it, a road traffic collision occurs owing to the presence of the vehicle on a road in respect of which the offence was committed.
85
What are the different methods of giving a Warning of Intended Prosecution?
- At the time of the offence (verbally).
- If warning given without corroboration, PF may wish to replicate the warning by way of a written "Notice of Intended Prosecution".
- If not warned verbally at the time, they should be notified within 14 days of the offence e.g. actions caught on a speed camera. The PF can do this via a written "notice of intended prosecution" from a pro-forma memorandum. Usually Police would submit a pro-forma memorandum to the PF first which would trigger this.
- Not usually used due to time pressures BUT can serve a copy complaint to the accused within 14 days of the offence. However, PF would have to receive the police report, prepare the copy complaint and have it served all within 14 days.
86
Under what circumstances would it be acceptable for the failure of a warning or deliver notice to be given?
- Accused can't be traced within the 14 days.
- If the prosecution can prove that failure to comply was due to one of the following:
- All enquiries to trace the accused within 14 days failed.
- The accused contributed to this failire e.g. giving a false name and address.
87
Lesson 7.1 and 7.2 - Common Road Policing Offences
List the Common Road Policing Offences covered in Lesson 7.1 and 7.2.
- Obstruction (Regulation 103)
- Dangerous Parking (Section 22)
- Seat Belts (Adults, Children in Rear Seats of a Vehicle, Chldren in Front Seats).
- Motorcycles and protective headgear
- Driving elsewhere other than a road
- Mobile Telephones
- Defective Tyres
- Silencers/exhaust systems
- Warning Instruments, Windscreen Wipers and Washers
- Vehicle Lighting
- Lighting Offences
- Parking After Dark
88
True or False: For Obstruction to be complete, it is enough that there was a likelihood of an obstruction to occur.
False. An actual obstruction MUST have taken place for this to stick.
89
What are the key elements of Dangerous Parking?
- Any person in charge of a vehicle or a trailer drawn by it
- To cause or permit it to stand on a road
- in such a position or condition or in such circumstances
- as to involve danger of injury to other road users
90
Explain the power a Constable has to remove "offending vehicles" in regards to Obstruction or Dangerous Parking.
- the power to require the owner, driver or other person in charge of a vehicle or trailer to move it or cause it to be moved as soon as practicable.
- if necessary, a Constable may move the vehicle or arrange for it to be moved.
- this power is particularly relevant when:-
1. A vehicle has broken down; or
2. A vehicle has been permitted to remain at rest on a road:-
- in such a position, condition or in such circumstances as to cause obstruction to people using the road or
- as to be likely to cause danger to such people; or
- in contravention of a prohibition or restriction
91
What exemptions are there for not wearing seatbelts?
Adults (14 and above)
-
92
What equipment should always be in your vehicle with regards to Road Traffic Collisions?
- 6 cones
- 6 police slow signs
- 2 road closed overlays
- 2 direction arrow overlays
- marking crayon
- torch
- functional first aid kit
93
What considerations should you have when conducting a dynamic risk assessment at a road traffic collision?
- Location (position/visibility/characteristics/traffic flow/signs/communication/constraints)
- Vehicles (Number/type/suspicion/crime/intelligence/condition/hazards/owner/driver/occupants/lighting/special recovery requirements)
- People - (number/demeanour/condition/comprehension/crime)
- Localised Factors (what happened/likely to reoccur/environmental factors/security/impact issued/equipment required or available.)
94
What Actions should be taken at the Locus with help from the ACE CARD mnemonic?
- Approach
- Caution Signs/Cones
- Examine Scene
- Casualties
- Ambulance, Fire and other Emergency Services
- Remove Obstructions
- Detailed Investigation
95
What considerations should be taken when deciding how to approach a Road Traffic Collision?
- Motorways & Dual Carriageways = from the REAR or as advised by ACR.
- Single Carriageways = consider the most appropriate approach (based on local issues e.g. traffic congestion).
- Care should be taken as could have occured just beyond a blind bend.
- Be mindful of following vehicles that won't be aware of the incident.
96
What side of the vehicle should officers deal with motorists from?
- The safest side
| - Usually kerb side due to oncoming traffic
97
What size of exclusion zone does the Fire and Rescue Service require around any scene?
- 2 metres
- if the scene reaches the outside edge of any lane, the next lane will need to be closed to ensure the integrity of this exclusion zone.
98
How far apart should signs be placed from each other?
- First one, at least 100 metres from the first sign
99
At what distance should signs be located from the start of the cone taper?
70mph = 300m, 600m and 900 metres.
50mph-60mph = 300m, 600m and 900m
40mph-50mph = 200m and 400m
30mph or less = 50 metres
100
Describe some of the rules of Coning.
- one police vehicle in each closed lane if possible.
- object is to cause traffic to change lanes gradually before reaching the obstruction.
- always cone a complete lane, never part of a lane.
- never make an island with the cones i.e. do not isolate yourself between 2 lanes of traffic.
- coning should start at the top of the taper
- it is preferable to leave hard shoulder open to allow emergency services access into the scene.
- only rearmost police vehicle in each lane should display full emergency rear facing lighting.
- police car should be angle in the same direction as the cone taper.
- use direction arrow signs to reinforce the cones
- consider additional lighting in reduced visibility
- All persons involved should wear high vis garments
- perform operation facing oncoming traffic
- any available footway or verge should be used when collecting or tansporting any equipment on foot.
- when removing cones etc. after incident is over, signs and cones should be removed in a linear operation, working from the incident towards the advance warning signs.
- for single carriageway roads, warning signs should be place on both approaches to the scene.
101
Based on speed limit, what distance should the police vehicle be positioned? At what distance should be cone be placed from the rear of the police vehicle?
```
30mph = 15m (Police Vehicle) AND 50m (Cone from vehicle)
40mph+ = 50m (Police Vehicle) AND 100m (Cone from vehicle)
```
102
What are the initial considerations when Examining the Scene of a RTA?
- Use METHANE (Major Incident? Exact Location, Type of Incident, Hazards, Access, Number and Emergency Services).
- Further Actions - likelihood of futher collisions, extent of obstruction, need for closures, need for further resources, hazardous materials involved, fire, visibility and road surface conditions, equipment, expert collision investigators, media/public.
103
What offence is created from Section 35 of the RTA 1988?
- Where a Constable is for the time being engaged in the regulation of traffic in a road, a person driving or propelling a vehicle who neglects or refuses:-
- to stop the vehicel, or
- to make it proceed in, or keep to, a particular line of traffic
- When directed to do so by the Constable in the execution of his duty is guilty of an offence.
THE CONSTABLE MUST BE IN UNIFORM (unless in extreme circumstances and for as short a period as possible)
104
Section 37 of the RTA 1988 is very similar to Section 35. What is the main difference?
Section 37 is also similar to Section 163. What is the difference between those two?
```
35 = a person driving or propelling a vehicle
37 = a person on foot
```
```
35 = only when Constable engaged in traffic regulation
163 = anywhere when in uniform.
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