RTC and Driver Obligations Flashcards
State the definition of a Road Traffic Collision as defined under Section 170 Road Traffic Act 1988.
Owing to the presence of a mechanically propelled vehicle (MPV) on a road or other public place, an accident occurs whereby;
personal injury is caused to a person (other than the driver of that MPV)
OR
damage is caused to:
a vehicle (other than the MPV or any trailer drawn by it)
OR
an animal (other than one in or on that MPV or any trailer drawn by it)
OR
any other property, constructed on, fixed to, growing in or otherwise forming part of
the land on which the road or other place in question is situated or land adjacent to
such land.
Describe the difference between a ‘reportable’ and ‘non-reportable’ Road Traffic Collision.
If the collision falls within the definition (of an RTC) then the collision is classed as reportable and there are certain responsibilities on the driver or drivers involved in the collision.
Basically, if the damage or injury only involves the driver or owner of the vehicle then there is no requirement to report the matter to the police.
Explain the responsibilities of drivers as identified by Section 170 Road Traffic Act 1988.
When must a driver stop?
What details need to be provided?
Driver MUST STOP and Provide details to any person having reasonable grounds to require them.
The driver MUST STOP and remain at the scene long enough to allow any person having reasonable grounds to do so to ask for details
Details to be provided:
- Driver’s Name & Address
- Owner’s Name & Address
- Registration Number or ID number of MPV
- If PERSONAL INJURY RTC, include Insurance details
If the details are not provided:
The driver MUST report it IN PERSON to
a Police Officer
OR
at a Police Stationas soon as reasonably practicable
or in any case WITHIN 24 HOURS
Explain the offence of ‘Failing to Stop/Report an Accident’ contrary to Section 170(4) Road Traffic Act 1988.
Explain the offence of ‘Failing to produce proof of insurance after an injury accident’ contrary to Section 170(7) Road Traffic Act 1988.
Fail to Produce Proof of Insurance after
Injury Accident
S170(7) Road Traffic Act 1988
Define Owing to the Presence
‘Owing to the presence’ means the vehicle has to be on the road or other public place and that vehicle being there has to be the cause of the injury or damage.
A parked and unattended vehicle will be ‘present’
There does not even have to be a collision.
If a motor vehicle parked at the side of the road develops an electrical fault, catches fire and as a result a vehicle parked in front of it also catches fire the ‘accident’ falls within the definition as far as the legislation is concerned.
Define a Mechanically Propelled Vehicle (MPV)
A mechanically propelled vehicle is, quite simply, a vehicle that is constructed so that it can be propelled mechanically by:
Steam
Electricity
Petrol
Diesle
Oil
Gas
Define a Road under Sec 192(1) Road Traffic Act
Any highway andany other road to which the
public has access, and includes bridges over which the road passes
Define a Public Place
Any place to which the public have access whether on payment or
otherwise.
Explain what is meant by personal injury is caused to a person other than the driver of that MPV in the definition of an RTC.
- A passenger in that MPV
- The driver or rider of another vehicle
- A pedestrian
Injury under Section 170 Road Traffic Act 1988, has been held to:
Include shock and it would appear that psychological harm may well amount to an ‘injury’ for these purposes.
If only the driver is injured, the provisions will not apply, however they do if a passenger in the driver’s vehicle is injured.
Define a driver
In charge of the propulsion and
steering of the vehiclez.
Explain “damage is caused to” in the definition of an RTC
The damage to another ‘vehicle’ does not restrict the other vehicle to being
‘a mechanically propelled vehicle’.
Therefore an accident between a mechanically propelled vehicle and a pedal cycle is included, though if the cyclist collides with a parked vehicle the responsibility is only on the owner of the car!
An accident between two pedal cycles by definition is not included
Explain “damage is caused to an animal other than one in or on the MPV or trailer” in the definition of an RTC.
Cattle
Horse
Ass
Mule
Pig
Sheep
Dog
Goat
Notice the term damage is used rather than killed.
This is because animals are, in most cases, considered to be property.
This is because the animals listed are seen as of some financial/economic value.
Explain “damage is caused to” in the definition of an RTC.
What can damage be caused to?
Any property constructed on the land on which the road is situated or land adjacent to it. Can include:
* Buildings
* Walls
Any property
* fixed to or
* growing in the land on which the road is situated or land adjacent to it.
Can include:
* Traffic signs
* Bollards
* Trees
Any property otherwise forming part of the land on which the road is situated or land adjacent
to it. Can include:
* Hedges
* Fences
* Lawns
Define a trailer under Sec 185 Road Traffic Act 1988
A vehicle drawn by a
motor vehicle
