Road Traffic Offences Flashcards
BUTTON parked his car at the side of a road, turned off the engine and opened the driver’s door to visit a shop. As he opened the door GOWER, a cyclist riding a pedal bike, crashed into the car door and fell off his bike. Fortunately GOWER is not injured but his bike is damaged as is BUTTON’s car door.
Is this a reportable accident (under s. 170 of the Road Traffic Act 1988)?
A. No, no person has been injured.
B. Yes, because of the damage to GOWER’s bike.
C. No, BUTTON’s car parked when the incident took place.
D. Yes, because of the damage to GOWER’s bike and to BUTTON’s car.
Owing to the presence of a mechanically propelled vehicle on a road or public place, an accident occurs (s. 170 of the Act) and that is what has happened here - the phrase ‘due to the presence’ implies that the incident would not have occurred had the vehicle not been there (answer C is incorrect). Injury is relevant if it is to someone other than the driver of the mechanically propelled vehicle and although there was no injury that does not mean there is no reportable accident (answer A is incorrect).The damage must be to another vehicle such as a bicycle, or to property such as a road sign, garden wall, or certain animals not to the driver’s vehicle (answer D is incorrect). The damage caused to the other vehicle (the bike) means that this is a reportable accident (correct answer B).
PC GREENWOOD is on uniform mobile patrol and becomes suspicious about the person driving a car in front of her as the car is swerving in the road. PC GREENWOOD stops the car and speaks to HUDSON (the driver of the car). HUDSON’s speech is slurred and PC GREENWOOD can smell intoxicants on HUDSON’s breath.
Can PC GREENWOOD arrest HUDSON for an offence of driving whilst unfit through drink or drugs (contrary to s. 4 of the Road Traffic Act 1988)?
A. Yes, but only after HUDSON has taken and failed one of the three preliminary tests.
B. No, not unless HUDSON has taken and failed a preliminary impairment test.
C. Yes, there is no requirement for any preliminary test to be administered.
D. No, HUDSON has not been involved in an accident.
(1) A person who, when driving or attempting to drive a mechanically propelled vehicle on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
Answers A and B are incorrect as there is no need to administer a preliminary test for alcohol or drug levels before arresting a driver for this offence. There is no need for the vehicle to have been involved in an accident for an arrest under s. 4 to be made (answer D is incorrect). PC GREENWOOD could arrest HUDSON (correct answer C).
PC STAS is on uniform mobile patrol and checks a car driven by OWEN. The check reveals that there is no insurance in place for the car. PC STAS attempts to stop the car but it drives off at speed. PC STAS makes further enquiries regarding the car and establishes the address the car is registered to. PC STAS visits the address two days later and sees the vehicle on the driveway of the address (a private dwelling).
Can PC STAS seize the car using the power under s. 165A of the Road Traffic Act 1988?
A. No, as 48 hours has passed from the time the incident took place.
B. Yes, and PC STAS may use reasonable force in order to do so.
C. No, as it is on the driveway of a private dwelling.
D. Yes, the car may be seized at any time within 72 hours following the incident.
Under s 165A of the Road Traffic Act 1988, a police officer has the power to seize a vehicle if he/she has reasonable grounds for believing that the driver does not have a suitable licence or that the vehicle is not adequately insured. To seize a vehicle a police officer must be in uniform and have requested to see the relevant documents. He/she must also warn the driver that the vehicle will be seized unless the documents are produced immediately (however, if it is impractical to warn the driver then a warning is not required (s 165A(6)).) If the driver has failed to stop or has driven off, the vehicle may be seized at any time in the 24-hour period following the incident (making B and D incorrect as the vehicle cannot be seized). A police officer has the legal power to enter premises to seize a vehicle, including from the driveway or garage associated with a private dwelling-house (answer C is incorrect). The officer must have reasonable grounds for believing the vehicle to be present, and reasonable force may be used if necessary.
ALLCOCK is driving his car (a motor vehicle) along a road when he comes to a halt because of a traffic jam. ALLCOCK is extremely frustrated by this as he is already late for a meeting and can see that if he drives off the road and over some grassland (a public place) he can avoid the queue of traffic. He drives off the road and over the grassland causing several members of the public using the grassland to have to jump out of the way of his car.
In relation to the offence of careless or inconsiderate driving (contrary to s. 3 of the Road Traffic Act 1988) which of the following comments is correct?
A. An offence under s. 3 has been committed but ALLCOCK can only be charged with careless or inconsiderate driving - not both.
B. ALLCOCK has not committed the offence as the careless or inconsiderate driving took place in a public place.
C. To commit the offence it would have to be shown that ALLCOCK’s driving fell far below the standard of a competent and careful driver.
D. The offence has been committed because ALLCOCK is driving a motor vehicle.
The offence of careless driving is committed by a person driving a mechanically propelled vehicle (answer D is incorrect) on a road or public place (answer B is incorrect. The standard of driving against which all drivers are assessed is that of a ‘competent and careful driver’ - a person commits an offence under s. 3 when the standard of driving they exhibit falls below that standard (not far below - that is relevant to the offence of dangerous driving) so answer C is incorrect.
Define “using” a vehicle
Driving the vehicle or being present while someone else is driving it for you
Define “causing” someone to use a vehicle
A supervisory relationship exists ie. a manager and employee. It also applies to towing a defective vehicle
Define “permitting” someone to use a vehicle
Permitting implies that a person was in a position (verbally or otherwise) to stop someone using a vehicle but turned a blind-eye and did not do so despite knowing the un-roadworthy state of a vehicle.
Define “keeper” of a vehicle
The person who has day to day responsibility for it
S87(1) RTA
Driving a motor vehicle on a road otherwise than in accordance with a licence. This covers the person who is driving a vehicle in a manner they are not qualified to, either because they haven’t passed the relevant test or because they haven’t applied for a licence at all
S87(2) RTA
Causing or permitting someone to drive a motor vehicle on a road otherwise than in accordance with a licence. (S87(2). This covers someone who allows someone else to do the above, i.e. the young driver who allows their friend to drive even though they are too young to hold a licence
S99(5) RTA
Failure to update a change of Name and Address on a DL (S99(5) RTA). This is very common and you will probably consider verbally warning someone for a first offence.
Routes to Disqualification
A disqualification prohibits an individual from driving any motor vehicle on a road
Endorsement and penalty points: if a driver receives 12 or more points in a three-year period they will be disqualified
Discretionary disqualification: some offences allow a court the discretion to disqualify and decide how long for. The court can disqualify even if the accused is absent from court. In very exceptional circumstances this disqualification can be for life.
Obligatory disqualification: some offences have obligatory disqualification periods. A court in some cases will sentence to a ban until a test is passed. At the end of the driving ban in these cases, the driver gets a provisional licence and has to pass another driving test.
Licence Revoked
A driver in their first two years of driving (having passed a full licence test) will be liable to have their licence revoked if they are convicted of an endorsable offence or they are given six penalty points. They will have to apply for a new provisional licence and resit their test. The two-year probationary period does not, however, start again. (Road Traffic New Drivers Act 1995).
S165A RTA 1988
An uninsured vehicle can be seized if an officer has reasonable grounds to believe the vehicle is not insured or the driver does not have the correct licence. He must require the production of the documents first.
If the driver is not present or drives off, the officer has 24 hours to find and seize the vehicle. The officer can enter private premises (except a dwelling) to do so, this includes garages, car ports, driveways and grassed areas next to the owner/keepers’ house etc. Reasonable force may be used.
S47 RTA - when certain vehicles need an MOT test
On 3rd year of anniversary of registration:
a vehicle with 8 or less passenger seats (such as a family car),
a vehicle less than 1,525 Kg (a small van),
a dual-purpose vehicle (pick-up trucks),
motorcycles and mopeds,
motorhomes,
From first date of registration:
A vehicle with more than 8 seats,
a taxi or minicab,
ambulances and others.
