Traffic Flashcards
Road Traffic Act 1988: Section 1
Death by dangerous driving
Any person who
- causes the death of another person
- by driving a MPV
- dangerously
- on a road or other public place
Road Traffic Act 1988: Section 2
Dangerous driving
Any person who
- drives an MPV
- dangerously
- on a road or other public place
Road Traffic Act 1988: Section 3
Careless/Inconsiderate driving
Any person who
- drives an MPV
- on a road or other public place
- without due care and attention or without consideration for other persons using the road or place
Road Traffic Act 1988: Section 2b
Death by careless/inconsiderate driving
Any person who
- causes the death of another person
- by driving an MPV
- on a road or public place
- without due care and attention, or without reasonable consideration for other persons using the road or place
Causing death by driving when unlicensed, disqualified or uninsured
Any person is guilt of this offence if
- they cause the death of another person
- by driving a motor vehicle
- on a road and
- at the time they are driving, they are committing an offence of driving otherwise than in accordance with a licence, driving whilst disqualified or using a motor vehicle whilst uninsured
Road Traffic Act 1988: Section 29
Careless/inconsiderate cycling
A person commits this offence if
- they ride a pedal cycle
- on a road
- without due care and attention or without reasonable consideration for other persons using the road
Road Traffic Act 1988: Section 28
Dangerous cycling
A person commits this offence if
- they ride a pedal cycle
- on a road
- in a dangerous manner
Everyday traffic offences
- registration marks
- mobile phone
- quitting (leaving motor vehicles unattended)
- obstruction
Commercial vehicle offences
- driving a heavy goods vehicle without a licence
- tampering with or not fitting a tachograph
- overloading the length and width of the heavy goods vehicle
- exceeding the limit for maximum permitted driving hours of a commercial vehicle
- lending, altering or forging an operators license
Road Traffic Act 1988: Section 163
Stopping vehicles
A Constable in uniform or a traffic officer may stop any MPV or any cycle being driven or ridden on a road. Any person who fails to stop when required to do so commits an offence.
PACE: Section 4
Power to stop
This allows a PC to conduct road checks for the purpose of ascertaining whether a vehicle is carrying
- a person who has committed an offence other than a road traffic offence or a vehicle excise offence
- any person who is a witness to such offence
- a person intending to commit such an offence or
- a person who is lawfully at large
Police Reform Act 2002: Section 59
Power to seize a vehicle
A PC in uniform who has reasonable grounds for believing that a motor vehicle is being used in any occasion in a manner which
- contravenes section 3 or section 34 RTA and
- is causing, or is likely to cause, alarm, distress, or annoyance to members of the public
Can
- stop and seize the vehicle
- enter any premises which they have reasonable grounds for believing the vehicle to be, to seize the vehicle
Other vehicle seizure powers
Section 19 PACE - the power to seize stolen motor vehicles and those used in crime
Regulation 4(a) Removal and Disposal of Vehicles Regulation Act 1986 - covers broken down vehicles or vehicles involved in RTCs which are not drivable. Also covers abandoned vehicles or vehicles completely damaged due to fire
Road Traffic Act 1988: Section 164
Requiring documents
Usually electronic checks on the status of the driver and vehicle can be carried out on the roadside via PNC/vehicle file
If this is not possible, a PC can request production of the following documents at a police station within 7 days:
- drivers driving license
- insurance certificate
- vehicle MOT
- CBT certificate
Road Traffic Act 1988: Section 165
Power to seize a vehicle
A PC has the power to seize a vehicle if they have reasonable grounds for believing that
- they driver does not have a suitable license
- the vehicle is not adequately insured
