Lecture 23 Roads Policing Day 1 Flashcards
What is the definition of a Road under Section 192 Road Traffic Act 1988?
“Any highway, and any other road to which the public has access, and includes bridges over which a road passes”
How would you prove a public place for a Road Traffic Offence?
In order to prove ‘public place’ for road traffic offences it must be shown:
• The people admitted are members of the public not some members of a special or particular class of people (belonging to an exclusive club) or as a result of some special characteristic not shared with the public at large
• Those people are admitted with the express or implied permission of the owner of the land or place in question.
What is driving?
Driving: Generally, involves control of steering and propulsion of vehicle
What is attempting to drive?
Attempting to drive: Simply put, these will be acts that are more than merely preparatory, such as merely opening the car door
What is In Charge of?
In charge of: - Defendant is the owner of vehicle or where they may have recently driven it… They must show that they were no longer in charge of it and there was no likelihood of them resuming control… - Where defendant is not the owner or not recently driven vehicle The Prosecution (us) must show the defendant was in voluntary control or intended to become so in immediate future
What is a Mechanically Propelled Vehicle?
It is any vehicle which is propelled by means of an engine (‘mechanically propelled’). It can be powered by: S steam E electricity P petrol D diesel O oil G gas
What is a Motor Vehicle?
Motor Vehicles are “mechanically propelled vehicles intended or adapted for use on a road” – sec 185 (1)(c) Road Traffic Act 1988.
Within Roads Policing, what are the three general areas to consider?
- The Driver
- The Vehicle
- The Drivers Use of the vehicle
What are the two main offences relating to registration marks?
S42 Vehicle Excise and Registration Act 1994:
No registration mark fixed on the vehicle
(Being driven – Driver offends Not driven – Keeper offends)
S43 Vehicle Excise and registration Act 1994:
Registration not fixed in accordance with regulations
(Obscured, rendered or allowed to become not easily distinguishable)
What is a driving licence under Section 87 Road Traffic Act 1988?
Section 87 Road Traffic Act 1988
• Every person driving a motor vehicle on a road must have a driving licence for that class of vehicle.
If issued by the Driver & Vehicle Licensing Agency (DVLA)
it can be either a:
Full Licence (this allows a person, in most cases, to drive without restriction)
or
A Provisional Licence Enables a person to learn to drive whilst observing restrictions (Reg 16 Motor Vehicles (Driving Licences) Regulations 1999):
• He or she must be supervised by a qualified driver (for that class of vehicle) who is present in the vehicle.
• The vehicle must display ‘L’ plates front and rear
• The vehicle cannot be used to draw a trailer.
What is the driving licence offence under Section 87(1) Road Traffic Act 1988?
It is an offence for a person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class (includes failure to observe provisional licence restrictions).
How to read a driving licence number?
MORGA 753116 SM9IJ 35
To read group the characters 5 - 6 – 5 - 2
The first five letters of the licence holder’s surname (any gaps filled with number 9. FOX would become FOX99) - MORGA
The first and last numbers of the second group are the holder’s year of birth (in this case d.o.b is 11.3.76) - 76
The second and third numbers are the month of birth (But if driver is female add 5 to first of the two digits) - 53
The fourth and fifth numbers are the day in the month - 11
The first two initials of the holder’s first names (plus a 9) - SM
The last two letters are randomly generated as a security measure - IJ
The last two digits are the licence issue number - 35.
What is Vehicle Insurance under Section 143(1)(a) Road Traffic Act 1988?
Section 143(1)(a) Road Traffic Act 1988 A person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that person such a policy of insurance as complies with the requirements of this Part of this Act.
What is Vehicle MOT Test Certificates under Section 47 Road Traffic Act 1988?
Section 47 Road Traffic Act 1988
Covers the requirement for certain vehicles to be tested annually to ensure they comply with specific safety requirements.
• Three years after the date of First Registration, Private Motorcars, Small Goods Vehicles, Motorcycles, Mopeds, Dual Purpose Vehicles (vans etc), Motor Caravans.
• One year after the date of First Registration Motor Vehicles with more than eight seats, Taxis, Ambulances, Large Goods Vehicles.
What is Vehicle Test Certificate Offence under Section 47 Road Traffic Offence?
A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence.
What is Section 103 of the Road Traffic Act 1988 (Driving Whilst Disqualified)?
A person who whilst disqualified from holding or obtaining a licence obtains a licence or drives a motor vehicle on a road.
Triable summarily 6 months imprisonment and/or fine
A person is only classed as ‘disqualified’ under this Act if they are told they are disqualified by a court. Other types of disqualification (e.g. by reason of age) are
covered under different legislation.
What is a Disqualification?
Most disqualifications imposed by the court under Road Traffic Offenders Act 1988:
Under the ‘totting up’ procedure (penalty points)
❖ 12 points in any three year period or
❖ 6 points within the first two years if a new driver
The Criminal Courts (Sentencing) Act 2000 makes provision for a court to disqualify any person guilty of ANY criminal offence punishable on indictment by 2 years imprisonment or any offence involving an assault if a motor vehicle was used to commit that offence.
What is Use Cause or Permit?
In circumstances where a vehicle is used on a road with a defect, more than one person may commit an offence. All people who are potentially responsible for an offence should be reported. These circumstances are referred to as Use, Cause or Permit.
USE
Using needs to involve an element of controlling, managing or operating the vehicle.
• The driver ALWAYS uses
• Anyone getting any benefit ALWAYS uses
• This is an absolute offence
The owner of the vehicle can use if:
• They are being carried in or on it
• It is being used in the course of their own business
• If the vehicle is being used in a joint enterprise
CAUSE
Causing can only be carried out by someone who is in a position of authority.
• Orders another to use the vehicle
• NOT an absolute offence
• It must be proved that the person causing was aware or should have been aware of the defect/offence and was aware of the vehicle’s use on a road.
PERMIT
Permit is carried out by someone who allows another person to use the vehicle.
• Permits another to use the vehicle
• NOT an absolute offence
• It must be proved that the person permitting was aware or should have been aware of the defect/offence and was aware of the vehicle’s use on a road.
What is Aid and Abet?
Aiding or Abetting is carried out by someone with knowledge of the facts of the offence which has been committed
• Somehow assisted in the commission of the offence
• NOT an absolute offence
• Had a duty to act
• It must be proved that the person aiding and abetting was aware or should have been aware of the defect/offence and was aware of the vehicle’s use on a road.
What are the police powers for stopping vehicles?
Police Powers - To Stop or Direct Vehicles
• S35 Road Traffic Act 1988 – Drivers to comply with traffic directions.
• S4(1) Police and Criminal Evidence Act 1984 – Road Checks (Authorised by superintendent or above)
• S163 Road Traffic Act 1988 – Power to stop any MPV
What is Section 163 Road Traffic Act 1988?
A person driving a mechanically propelled vehicle or a person riding a cycle on a road must stop the vehicle on being required to do so by a constable in uniform.
If a person fails to comply with this section he is guilty of an offence.
What are the occasions when drivers/riders do not stop when requested to do so?
- Failing to stop for a constable in uniform is an offence under section 163(3) of the Road Traffic Act 1988
- Also, to be considered are the occasions when drivers/riders fail to stop when requested and subsequently enter a house or other premise
- Remember, in these cases constables have a power under section 17(1) (c) of the Police and Criminal Evidence Act 1984, to enter the premises to arrest the person
Worthy of note:
The failure to stop must be for an officer in uniform whilst the above power of entry is available to
any officer, uniform or not, and not necessarily the officer for whom the driver failed to stop.
What is Section 164 & 165 of the Road Traffic Act 1988?
Give us the powers to require the production of :
• a driving licence and state date of birth in certain cases (Section 164)
• Insurance/MOT and state name and address (Section 165) …. from the drivers of motor vehicles on a road or (in the case of an accident) pubic place
Note – it is not an offence to not carry these documents whilst driving (who does? Do you?), but it IS an offence not to be able to produce them when required to do so by a constable in uniform.
What is the 12 Step process for production of documents?
Let’s have a look at the process: Stop the vehicle safely (using your power under S163) and introduce yourself:
1. Request relevant documentation from the driver (power under S164 and 165)
2. If unable to produce…offence committed of failing to produce each document (begin ROS model)
3. Point out and explain the offence(s) CAUTION + 3
4. Reassure the driver that you may be able to complete some online checks that, if successful and
reveal that the required documents do in fact exist, will negate the need for further formal action
5. Obtain details of the driver and satisfy yourself they are correct
6. PNC checks on the driver obtaining their and the driving licence status
7. PNC checks on the vehicle re ownership, Insurance, MOT and tax.
8. If necessary utilise the services of the Motor Insurers Bureau to confirm insurance details
9. If all documents are in order thanks driver for their cooperation
10. Alternatively, if there are issues with documentation (expired insurance/MOT for instance) report driver on summons for offences disclosed
11. Give NOW caution
12. Throughout the encounter, record any significant statements
