Flashcards in Highways And Safety Measures Deck (56):
For obstruction offences, must someone actually be obstructed?
It is a question of fact and the extent to which the activity actually resulted in obstruction rather than merely the potential to obstruct others is a relevant factor to be considered.
Can highways authority stop or divert a road for crime reasons?
Yes - where its expedient for the purpose of preventing or detecting crime if they are satisfied that both the premises adjoining or adjacent to the highway are affected by high levels of crime
The existence of the highway is facilitating the persistent commission of offences.
They must consult the police and the Secretary of State must rubber stamp it.
Mr Mills covers up a no entry sign outside his house. He honestly thought no one needed to see it as it is obvious and there is another sign a few metres up the road. Is he guilty of causing a danger to other road users?
He does not have a lawful authority or reasonable excuse
He has interfered directly with traffic equipment
In such circumstances it would be obvious to a reasonable person that it would be dangerous.
It doesn’t matter what his intent was or whether he foresaw the danger.
If i tow away a car blocking my driveway, am i committing the offence of clamping vehicles on private land?
It is an offence to immobile or move a vehicle intending to either
Prevent the removal of the vehicle
Or inhibit the removal
By a person entitled to remove the vehicle
I am simply moving it from my drive
It is an offence to park a heavy commercial vehicle (over 7.5 tonnes) wholly or partly on a verge, between carriages or on a foot way. There are three defences, what are they?
Parked with permission from a Constable.
Parked for the purpose of saving life, putting out fire, dealing with an emergency
Loading or unloading that couldn’t be carried out otherwise and the vehicle isn’t left unattended
Before we remove abandoned vehicles, we must attach a notice to the car giving a notice period before it is removed. What is that notice period?
If the vehicle is in a condition that would be destroyed - 24 hours
Otherwise - 7 days
Can someone jump on or tamper with a trailer and still commit an offence?
No - only motor vehicles
Unless it is moving then the offence of holding onto a vehicle in motion is committed.
Section 59 powers - Constable in uniform?
Is it believe or suspect that a vehicle has been or is being used in a manner that constitutes careless or inconsiderate or off road driving? For section 59
A lad goes and does donuts in a field far away from a house. Can he commit section 59 offence?
I believe that the vehicle is or has been used on any occasion in a manner which is careless or inconsiderate or off road
We have to show that it is causing or likely to cause alarm, distress or annoyance to members of the public.
What are the four powers Constables have with section 59?
Order the person to stop the vehicle
Seize and remove it if warned
Enter any premises including garages and driveways (not dwellings) if rgb the vehicle could be located
Use reasonable force to do any of the above
We know the four powers conveyed upon a Constable for section 59.
Order to stop driving
Seize and remove if warned
However can pcso’s do this?
Yes they can do all apart from enter dwelling, when they must be accompanied by a Constable
Jimmy was riding an off road bike on a park. I try and stop him. He fails to stop. He later says that he didn’t hear me. Is this an issue?
We have to show
The request was properly given
I had authority
The request was heard
It was understood
Section 59 warnings last how long?
How long does someone have to claim a vehicle when seized under section 59?
No less than 7 days
MPV seized under section 59. Dad turns up at garage and says he isn’t paying because he didn’t know his child was riding the off road bike. Is he still liable to pay?
No charge will be payable provided:
- they were not using the vehicle themselves
They did not know about the manner in which another was using it
They had not consented to another using it in the manner which led to the seizure
They could not have prevented it
Must the Secretary of State approve all speed limits?
Yes apart from 20mph limits.
They also approve temporary restrictions exceeding 18 months.
Interfering with traffic equipment. Do we have to show:
A - They were reckless as to whether danger would be caused
B - they were aware of the risk
C - the danger should have been obvious
D - reasonable person test
D - reasonable person
intentionally and without lawful authority or reasonable cause— in such circumstances that it would be obvious to a reasonable person that to do so would be dangerous."
For tampering motor vehicles, does it include trailers?
No - motor vehicles only.
1. Gets on the vehicle
2. Tampers with the brake or part of its mechanism
Simply getting on it is enough.
What factors will be considered when considering obstruction offences?
Duration of obstruction
The extent obstruction was actually caused
Who authorises the local highways authorities to stop/divert a highway where it is EXPEDIENT for preventing or detecting crime?
Secretary of State
What two factors must be satisfied in order to get a stop/divert highway order authorised by the sec of state?
1. Premises adjoining or adjacent to the highway are affected by high levels of crime
2. The existence of the highway is facilitating the persistent commission of offences
Highways authority must consult the police in the area.
Causing a danger to other road users. Is this an intent offence?
Yes intentional and without lawful authority/excuse.
For causing a danger to other road users, what must the danger be?
1. Danger of injury (not serious) while on or near a road
2. Danger of SERIOUS damage to property on or near a road
For causing a danger to other road users, does it include footpaths and bridleways?
No just on or near a road
I know that causing a danger to other road users is an intent offence. Do we have to prove intent to create a danger?
No just intent to do the act.
It is only necessary to prove that the actions would be obviously dangerous to a reasonable person and could cause either injury or SERIOUS damage.
For dangerous activities on a highway, is it a result offence?
We must prove that as a result of the action, the consequence occurred.
Geeza puts a bin in the middle of the road. What must we now show for dangerous activities on a highway?
As a consequence, a user of the highway is either injured or endangered.
If a hunter discharges a firearm near to a road, what must we now show?
That it was within 50 feet of the centre of the highway and as a consequence, a user of the highway is either injured, interrupted or endangered.
With regards to lighting a fire and the smoke entering the highway, what must we prove?
That a user of the highway was endangered, injured or interrupted.
Is it an offence to put a rope/wire or other apparatus over a highway?
If it causes a danger to persons on the highway - yes
Unless they can prove that they had taken all necessary means to give adequate warning of the danger.
I use my Grandma’s disabled badge to park in the village. I park in an area where actually, i could have parked for free anyway but I display the badge. Offence?
I must display it and use the vehicle in circumstances where a disabled persons concession would be available.
I tow away Max’s car to gain access to my drive. Is it an offence of clamping vehicles on private land?
No the intent must be to prohibit someone taking it away that is lawfully entitled to
Can i require someone to remove their broken down vehicle from a road?
If it is in a position that is likely to cause obstruction or danger.
This can be a current risk or future risk.
Or if it is contravening a parking restriction.
If you dispose of a trailer on private land, is it included under abandoning motor vehicles?
Abandons on any land, highway in the open air
A motor vehicle or trailers or anything
For the offence of holding onto a vehicle in motion, does it include trailers?
For the offence of holding onto a vehicle in motion, does it include MPV’s?
No only motor vehicles or trailers.
Where can tampering with motor vehicles take place?
Road or parking place provided by LA.
Where can the holding onto a vehicle in motion offence take place?
What are the two defences to off road driving?
1. Parking within 15 yards of a road
2. MPV is driven there to either save life, fire, emergency
For causing an obstruction, does it include trailers?
If someone refuses to move a vehicle that is causing an obstruction, could they also be guilty of obstructing a Constable?
A refusal to move a vehicle that is obstructing the highway when requested by a police officer "can" amount to an ‘obstruction’ of the officer under s. 89(2) of the Police Act 1996
For school crossing patrols, is there a specific time of the day that patrols can work?
No - no longer any restriction.
For school crossing patrols, is it just motor vehicles or bicycles too?
If someone dumps a settee in wooded area, do they commit the offence of disposing property on land?
It covers ANYTHING.
Abandoned on any land forming part of the highway or any land in the open air.
Do you need permission to deposit a skip?
Yes from highways authority.
And they can put conditions on it.
I know that the highways authority can attach conditions to the written permission to deposit a skip. What about condition 5 - how the skip is lighted and guarded?
This relates only to the owner and not the hirer
What obligations do owners of skips have?
Marked with fluorescent/reflective material
Marked with their name and number
Removed ASAP when filled
All conditions highways set are complied with
Defences if it is due to action or default of someone else and the owner had taken reasonable precautions and exercised due diligence to prevent the offence.
What defences do owners of skips have?
The offence arose due to another person and the owner had taken all reasonable precautions and exercised due diligence to prevent the offence.
What power does a Constable have in relation to removals of skips?
A Constable in uniform mat require the removal of a skip IN PERSON.
How long is it before a hirer of a skip becomes the ‘owner’?
A month or over.
If hired. If less than a month - the original owner retains responsibility.
If a skip does not have required lighting, who commits offence?
Over a month - hirer.
Less than a month - original owner.
Does the owner of a skip need to put a 24 hour availability number on a skip?
Just name together with either an address or phone number.
What is a foot way?
A ‘footway’ is part of a highway that also comprises a carriageway, being a way over which the public has a right to pass on foot on.
Whilst i know that emergency services can go through a red at a pedestrian crossing, what is the key thing to remember?
Precedence is accorded to ANY pedestrian ON the carriageway.
We don’t proceed in a way that is likely to cause the driver of any vehicle at the crossing to change speed or course to avoid contact.