Protection Of Drivers And Passengers

Question 1

Must all front seat passengers wear seatbelts?

Answer 1

The driver must all the time.

Children under 3 must use an child restraint.

Between 3 and 12 must wear a child restraint however they can wear an adult seatbelt in a taxi or if it is a short unexpected journey.

12 plus must wear seatbelt if fitted.

The driver is responsible for making sure seatbelts are worn for everyone under 14.

Question 2

If someone under 14 does not wear a seatbelt, do they commit an offence?

Answer 2

Yes - they aid and abet the driver committing an offence

Question 3

Gary is exempt from wearing a seatbelt for medical grounds. PC Constable requests the certificate but Gary does not have it. What now?

Answer 3

Gary has 7 days to produce it at a police station.

Question 4

Are police officers exempt from wearing seatbelts?

Answer 4

If used for a policing purpose or carrying a person in lawful custody.

Question 5

Are paramedics exempt from wearing a seatbelt?

Answer 5

Yes if vehicle is less than 3.5 tonnes providing medical attention or treatment which cannot be delayed.

Question 6

Are learner driver supervisors exempt from wearing seatbelts?

Answer 6

Yes if the learner driver is performing a manouvre

Question 7

Do driving test examiners have to wear a seatbelt?

Answer 7

Only if they are doing a test and it would endanger themselves or another by wearing it

Question 8

Are delivery drivers exempt from wearing seatbelts?

Answer 8

Only if doing journeys of 50m or less for purpose of delivering anything or collecting anything.

Question 9

I deliver papers in my car. Am i exempt from wearing a seatbelt?

Answer 9

No - the vehicle must be constructed or adapted for carrying goods.

Question 10

Must all motorcyclists wear a BS standard kite marked helmet?

Answer 10

Yes or a non BS helmet that gives a similar or greater degree of protection and is manufactured for motorcyclists.

Question 11

Must tricylists wear a BS standard helmet?

Answer 11

No - it only relates to two wheels

Question 12

Motorbike with a side car that therefore has more than 2 wheels. BS helmet?

Answer 12

Yes - wheels on a side car does not count

Question 13

Must sidecar passengers wear a helmet?

Answer 13

No

Question 14

Can you wear a helmet without fastening it?

Answer 14

No if it is unfastened or not fastened properly - it is counted as not wearing it

Question 15

Who are exempt from wearing helmets?

Answer 15

Sikhs wearing a turban

Persons driving a motor mower.

Question 16

Must a passenger on a motorbike face forward?

Answer 16

No - he can be backwards.

Question 17

How long can a traffic authority authorise a temporary speed restriction?

Answer 17

18 months - can exceed if it is the sec of State authorising it

Question 18

Do you need to corroborate speeding?

Answer 18

Yes

Unless it is temp restrictions or motorways

Question 19

Must we prove the accuracy of the corroboration?

Answer 19

No

Question 20

PC Smith is en route to a 00 shout. He has not done his course but is driving at 33mph. Is he exempt?

Answer 20

No - he must have completed training or be doing training.

Question 21

I am en route to a negotiator job and i am speeding. Am i exempt?

Answer 21

Yes it relates to any vehicle, i have done training and i am performing the functions of the service.

Question 22

Is it an offence to loan a shit helmet to someone?

Answer 22

No.

It is a summary offence under s. 17(2)to sell or let or hire a helmet for these purposes which does not meet the prescribed requirements. Since the offence covers more than just selling, answer A is incorrect. That offence will be committed even if the helmet is sold for off-road use (Losexis Ltd v Clarke [1984] RTR 174), therefore answer B is incorrect. However, answer C is also incorrect, as the above offence does not apply to situations where a helmet is loaned to another, only when it is sold, let or hired.

Question 23

Section 86(1) of the Road Traffic Regulation Act 1984 makes it unlawful in some cases for a person to drive a motor vehicle on a road at a speed greater than the speed specified for a vehicle of that class. In pursuance of this legislation, certain vehicles are required to have ‘speed limiters’ to control the power output from their engines (under the Road Vehicles (Construction and Use) Regulations 1986, reg. 36A(14)).

What vehicles must have limiters?

Answer 23

diesel-engined goods vehicles over 3.5 tonnes and buses with more than eight passenger seats to be fitted with a speed limiter.

Question 24

Drunk guy jumps on a car and gets off. Offence?

Answer 24

Tampering with a vehicle.

Includes when a person gets onto a vehicle, or tampers with the brake or mechanism of a vehicle.

Must be road or car park owned by LA

Question 25

Placing items on the road in circumstances that would make ‘someone’ believe that danger to a road user could be caused is an offence contrary to the Road Traffic Act 1988, s. 22A. Who, in accordance with this legislation, would be the ‘someone’?

Answer 25

Reasonable bystanders

Question 26

ANDERSON was driving a motor vehicle on a road. There was a child sat in the rear passenger seat, aged 2. The car was old, and was not fitted with seat belts to the rear. ANDERSON was wearing a seat belt, but the child in the rear was not. Has ANDERSON committed an offence in relation to the child’s failure to wear a seat belt?

Answer 26

Yes because under 3. a person must not without reasonable excuse drive the vehicle on a road unless the child is wearing a seat belt in conformity with regulations." Therefore, because of s. 15(3)(a), if the child is under 3 years of age, regardless of whether seat belts are fitted to the rear of the vehicle, an offence is committed by ANDERSON. If the child had been over 3 years of age, but under 14, he or she would have been covered by s. 15(3)(b) and no offence would be committed because there were no seat belts fitted to the rear of the vehicle.

Question 27

When should evidence of speeding be served on defence?

Answer 27

7 day before However not inadmissible if less.

Question 28

Who has power to create new speed limits?

Answer 28

Local traffic authority

Question 29

If a rider is driving a motorbike and their passenger is not wearing a helmet, does the rider commit any offences?

Answer 29

No unless the passenger is under 16. Aiding and abetting - the over 16 year old driver commits this offence for under 16’s. if the passenger is over 16, they are responsible or the offence.

Question 30

I park outside a shop and run in. I turn the engine on but didn’t put the handbrake up. Quitting?

Answer 30

Yes I must stop the engine AND set the brake.

Question 31

If I park my car, run into a shop and leave Lucy in the passenger seat with the engine running, am i quitting?

Answer 31

Not if Lucy has a license to drive it and can intervene. She does not need to be in the driver’s seat to intervene.