Flashcards in Protection Of Drivers And Passengers Deck (31):
Must all front seat passengers wear seatbelts?
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.
If someone under 14 does not wear a seatbelt, do they commit an offence?
Yes - they aid and abet the driver committing an offence
Gary is exempt from wearing a seatbelt for medical grounds. PC Constable requests the certificate but Gary does not have it. What now?
Gary has 7 days to produce it at a police station.
Are police officers exempt from wearing seatbelts?
If used for a policing purpose or carrying a person in lawful custody.
Are paramedics exempt from wearing a seatbelt?
Yes if vehicle is less than 3.5 tonnes providing medical attention or treatment which cannot be delayed.
Are learner driver supervisors exempt from wearing seatbelts?
Yes if the learner driver is performing a manouvre
Do driving test examiners have to wear a seatbelt?
Only if they are doing a test and it would endanger themselves or another by wearing it
Are delivery drivers exempt from wearing seatbelts?
Only if doing journeys of 50m or less for purpose of delivering anything or collecting anything.
I deliver papers in my car. Am i exempt from wearing a seatbelt?
No - the vehicle must be constructed or adapted for carrying goods.
Must all motorcyclists wear a BS standard kite marked helmet?
Yes or a non BS helmet that gives a similar or greater degree of protection and is manufactured for motorcyclists.
Must tricylists wear a BS standard helmet?
No - it only relates to two wheels
Motorbike with a side car that therefore has more than 2 wheels. BS helmet?
Yes - wheels on a side car does not count
Must sidecar passengers wear a helmet?
Can you wear a helmet without fastening it?
No if it is unfastened or not fastened properly - it is counted as not wearing it
Who are exempt from wearing helmets?
Sikhs wearing a turban
Persons driving a motor mower.
Must a passenger on a motorbike face forward?
No - he can be backwards.
How long can a traffic authority authorise a temporary speed restriction?
18 months - can exceed if it is the sec of State authorising it
Do you need to corroborate speeding?
Unless it is temp restrictions or motorways
Must we prove the accuracy of the corroboration?
PC Smith is en route to a 00 shout. He has not done his course but is driving at 33mph. Is he exempt?
No - he must have completed training or be doing training.
I am en route to a negotiator job and i am speeding. Am i exempt?
Yes it relates to any vehicle, i have done training and i am performing the functions of the service.
Is it an offence to loan a shit helmet to someone?
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  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.
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?
diesel-engined goods vehicles over 3.5 tonnes and buses with more than eight passenger seats to be fitted with a speed limiter.
Drunk guy jumps on a car and gets off. Offence?
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
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’?
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?
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.
When should evidence of speeding be served on defence?
7 day before
However not inadmissible if less.
Who has power to create new speed limits?
Local traffic authority
If a rider is driving a motorbike and their passenger is not wearing a helmet, does the rider commit any offences?
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.
I park outside a shop and run in. I turn the engine on but didn’t put the handbrake up. Quitting?
I must stop the engine AND set the brake.