Roads and Traffic Offences Flashcards
(95 cards)
1
Q
Definitions Relating to Vehicles and Roads
Vehicle
A
“a mechanically propelled vehicle, or anything (whether or not it is a vehicle) that has been, but has ceased to be, a mechanically propelled vehicle”.
2
Q
Definitions Relating to Vehicles and Roads
Mechanically propelled vehicle
A
‘mechanically propelled’ means that the vehicle is powered by a motor (driven by electricity, petrol, diesel or other fluids).
3
Q
Definitions Relating to Vehicles and Roads
Motor vehicle
A
“this is a mechanically propelled vehicle that is intended or adapted for use on roads.”
4
Q
Definitions Relating to Vehicles and Roads
Road
A
S192 Road Traffic Act 1988 (RTA) defines it as “a length of highway to which the public have access and includes bridges over which a road passes and the hedges either side. In this way it includes any footpath or pavement running alongside”.
5
Q
Definitions Relating to Vehicles and Roads
Highway
A
(S5 Highway Act 1835) Any road, bridge, carriageway, cartway, horseway, bridleway, footway, cause way, church way, or pavement.
6
Q
Definitions Relating to Vehicles and Roads
Public Road
A
A road maintained at the public’s expense.
7
Q
S329 Highways Act 1980 sub defines various types of highway:
A
A carriage way is a marked or arranged area on a highway which the public have access to for vehicles (note, NOT cycle paths).
A bridleway is a highway over which the public have right of way on foot or riding or leading a horse
A footway (i.e. a pavement) is a highway adjacent to a road for use by the public on foot).
A street includes doorways, entrances, subways squares and any other similar places open to the public (Smith V Hughes 1960).
8
Q
Driving has no statutory definition, there is guidance based on president and, if disputed, the court will decide on the facts presented. This includes:
A
- degree of control over motion
- the length of time someone has control
- the point at which someone stopped driving
- how the controls were used
9
Q
Using, Causing and; Permitting
Explain the concept of “using”
A
Using is driving the vehicle or having someone to drive it for you.
For instance, if a friend drove your car on your behalf with you present, you would still be ‘using’, as would an employer who had a vehicle driven by an employee for work purposes. Also, if you’re controlling a vehicle whilst it is being towed by another you are using.
10
Q
Using, Causing and Permitting
Explain the concept of “causing”
A
Causing implies a compulsion or supervisory relationship exists.
So, an employer would cause an employee to use a defective vehicle if they had the authority to make a driver take a particular vehicle out even though they knew it was un-roadworthy. It also applies to someone towing a defective vehicle.
11
Q
Using, Causing and Permitting
Explain the concept of “permitting”
A
Permitting implies that a person was in a position to (verbally or otherwise) stop someone using a vehicle but turned a blind-eye and did not do so despite knowing the un-roadworthy state of a vehicle.
12
Q
Who is “the Keeper” of a vehicle?
A
The Keeper is the person who has day to day responsibility for a vehicle (DVLA registered keepers may not necessarily be the same people and may not be the owner).
For instance, a van driver who takes the same vehicle home every night and is responsible for its routine maintenance would be the keeper.
13
Q
Whilst there is no specific offence of “driving without a licence”, there are three offences in the RTA you need to remember:
A
(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 the above. 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 driving license. This is very common and you will probably consider verbally warning someone for a first offence.
14
Q
In order to drive a car, provisional drivers must do what?
A
Must show L plates (D is acceptable in Wales).
They normally cannot drive a vehicle unless supervised by someone over the age of 21 with relevant licence.
15
Q
Provisional holders normally cannot drive a vehicle unless supervised by someone over the age of 21 with a relevant licence.
There are a few exemptions (note, none of the below can pull a trailer):
A
- three-wheelers,
- motorcycles/mopeds,
- driving on exempted islands,
- being certified as having passed a test but still awaiting the issue of a full licence.
16
Q
Can non-EU drivers drive here without a GB license?
Can EU drivers drive here without a GB license?
A
Currently, non-EU drivers can only drive here for 12 months before they need to take the theory and practical test to get a GB licence.
EU issued driving licences are not subject to the 12-month rule.
17
Q
Routes to Disqualification
A disqualification prohibits an individual from driving any motor vehicle on a road. Drivers become disqualified in three ways:
A
- 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.
18
Q
A driver in their first two years of driving (having passed a full licence test) will be liable to have their licence revoked in what circumstances?
A
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).
19
Q
A vehicle shouldn’t be used on the road without adequate third-party insurance. This includes causing or permitting the vehicle to be used. Exceptions to this rule include:
A
- Vehicles which are not kept on the road or in another public place,
- A registered keeper who has lent the vehicle to another, and they use the vehicle, may have a defence,
- A registered keeper may have a defence if the vehicle was stolen and not yet recovered,
- An owner may negate the need for insurance if he has deposited £500,000 with the Accountant General, some government organisations, such as the police, are exempt,
- Someone driving a vehicle (other than their own or one they have hired) may have a defence if they can show they had no reason to believe it wasn’t insured.
20
Q
An uninsured vehicle can be seized under what legislation?
A
s165A Road Traffic Act 1988
21
Q
What is Motor trade insurance?
A
Motor trade insurance is most commonly used by car dealers and mechanics; allowing the individual to drive the vehicle that belongs to the customer for example. It can be summarised that if your customer’s car comes under the ‘care, custody or control’ of that individual, then a Traders’ Policy will be required.
22
Q
s47 RTA states certain vehicles need an MOT test from what date?
A
The third anniversary of registration in the UK.
- 8 or less passenger seats (such as a family car),
- < 1,525 Kg (a small van),
- a dual-purpose vehicle (pick-up trucks),
- motorcycles and mopeds,
- motorhomes,
23
Q
Vehicles that need an MOT test from the first date of registration in the UK are:
A
- A vehicle with more than 8 seats,
- a taxi or minicab,
- ambulances and others.
24
Q
It’s an offence to use, cause, or permit a vehicle to be used without a test certificate unless:
A
- It is being driven to a prearranged test,
- It is being driven from a failed MOT test to a garage for repairs by previous arrangement,
- It is being towed to be broken up for scrap (S47 RTA 1988).
25
What legislation gives a constable in uniform the power to stop a mechanically propelled vehicle on a road?
S163 RTA
There is a S17 PACE power of entry into premises which is given to arrest someone if they fail to comply and subsequently flee the scene for this offence. The police officer need not be in uniform to exercise the power of entry although must be in uniform to stop a vehicle.
26
The officer can require a driver to produce a driving licence, insurance, MOT certificates, etc, in what circumstances?
- If the driver is stopped whilst driving (S163 RTA)
- If the officer has reasonable cause to believe the person was driving the vehicle on a road at the time of an accident or has committed an offence in relation to driving a vehicle on a road.
Under the RTA, if the driver cannot produce the insurance or MOT certificate when required, a Police Officer can require the person to state his / her name and address, and the vehicle owner’s name and address. This also applies to someone who is supervising a driver at the time of an accident or offence.
27
An officer may ask for a driver’s date of birth if...
He/she has failed to produce his/her licence
His/her licence is unsatisfactory (e.g. appears to have been altered)
If he/she is supervising someone driving on a provisional licence.
28
Any person who has reasonable grounds may request the name and address of drivers or pedal cyclists suspected of dangerous, careless, or inconsiderate driving or cycling under what legislation?
S168 RTA 1988
29
What legislation allows a police officer to seize a vehicle if he has reasonable grounds to believe the vehicle is not insured or the driver does not have the correct licence?
S165A RTA
The officer must be in uniform and he/she must warn the driver if practicable. 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.
30
The Motor Insurers Bureau (MIB) have a dedicated police helpline to act as an intermediary between the Police and the Insurance industry. Use them, they are there to help you. When making an enquiry you will need to give them the following information:
VRM, vehicle make and; model,
Type of policy (fully comp, Third Part, Open policy),
Name of policy holder's insurer,
Policyholder and driver's name,
Policyholder and driver's DoB,
Policyholder and driver's address.
31
Using an insurance certificate with intent to deceive is an offence under what legislation?
What legislation gives you the power to seize such a document?
S173 RTA 1988
S176 RTA 1988
32
Drivers can only reclaim their seized vehicle when they can prove at a Police Station that...
they have acquired a policy of insurance to cover them to drive.
This person can then go to the relevant recovery yard where they can pay the recovery charges and collect the vehicle.
This does not have to be the owner of the vehicle, so long as the person has a valid insurance certificate and a full driving licence.
33
Some traffic officers are authorised to issue mechanical prohibitions for defects which need immediate rectification.
What does this mean for the driver?
This process removes the vehicle test certificate (MoT) and requires the driver/owner to make good the defect and present it to a Vehicle Test Station where it will receive a full inspection before being granted a new test certificate.
34
What are the requirements of a tyre?
Legally a tyre should not have bulges or cuts in excess of 25 mm or 10 percent of the section width, exposed ply, or cord.
On a car or van, the depth must be at least 1.6 mm in the central 3/4 qtrs of the tyre.
On motorcycles and larger vehicles, the depth must be at least 1mm. Note: a moped (engine size of <50cc) only needs to have a visible tread pattern.
35
What is a quick test of depth?
Use a 20p coin.
If the border of the coin is not entirely covered by the tyre, then the tread depth is less than 1.6mm.
36
What are the obligatory lights needed for a car?
1. The front of a car needs to have working headlights (both full and dip beamed), side lights on each corner and indicators.
2. The rear needs to have side lights on each corner, brake lights, fog light, rear reflector and number plate light.
...They must all be in working order as must the "hazard light" system that makes side lights flash in an emergency.
37
Sidelights must be on at what times?
Between sunset and sunrise and during poor visibility during the day.
They should also be on when the vehicle is parked on a road at night unless the road has a speed limit of 30 mph and the vehicle is parked with its nearside next to the nearside curb with street lighting, the vehicle must not be parked in 10 m of a junction.
38
Dipped beam headlights must be on at what times?
In the hours of darkness unless the speed limit of the road is 30mph and there is street lighting when side lights only may be used.
They do not need to be used if fog lights are lit.
39
What are the 'Lighting up times' for car lights?
At sunset and sunrise vehicles should use their position lights.
In the hours of darkness, dipped headlights should be used. ‘Hours of darkness’ starts half an hour after sunset and ends half an hour before sunrise.
40
Dangerous conditions: a person is guilty of an offence if he uses, causes, or permits a motor vehicle or trailer to be used on the road when its use involves a danger of injury to any person because of:
(S40 RTA 1988)
- the condition of the vehicle or trailer, or its accessories,
- the purpose for which it is used,
- the number of passengers or the manner in which they are carried,
- the weight position or distribution of load, or the way that it is secured
41
It is an offence under which legislation to ride a motorcycle on a road without a helmet of an approved type with a BS standard or EU rating?
S16 RTA 1988
A helmet when worn must bear a physical mark indicating it conforms to BS standards, or must be of a type which affords similar protection and must be securely fastened. A helmet that is not secured is ‘not being worn’ according to legislation.
42
It is an offence under S16 RTA 1988 to ride a motorcycle on a road without a helmet of an approved type with a BS standard or EU rating.
There are some exceptions. These include:
Motor mower riders.
Sikh's wearing a turban on a two-seat motorcycle.
Riders or drivers on a three-wheel vehicle where the weight is 550kg or less and the centre of contact between the two wheels is at least 460mm.
Sidecar passengers.
Any person pushing a two-wheeled bike on foot.
43
Seatbelts: most vehicles are fitted with seatbelts although some older cars are exempt. If a driver claims this, seek specialist advice.
There are some other exemptions to wearing a seatbelt:
A driver making local deliveries or collections (e.g. post, bins, deliveroo, milk) if the distance between stops is less than 50m.
A driver making a reversing manoeuvre (or a qualified person supervising a learner doing so).
DVLA examiners, wearing a belt would be dangerous.
People in police or fire brigade vehicles, or vehicles being used for police or fire brigade purposes.
Some taxi drivers plying for hire, answering calls for hire or carrying passengers.
Mini cab drivers carrying passengers.
People taking part in royal processions.
Holders of exemption certificates from a doctor or a disabled person in a custom belt.
Vehicle on trade plates on a test drive to find and remedy a mechanical fault.
Where a seat belt is inertial and has locked due to being on a hill.
44
School Crossing Patrols: a vehicle must stop for a school crossing patrol using the prescribed sign and stay stopped for as long as the sign is in place. Not to do so is an offence for which a driver may be disqualified.
What legislation covers this?
S28 Road traffic regs 1984
45
How are collisions generally categorised?
Non-Reportable Damage Only (NRDO) where there are no grounds for a police report.
Damage Only (where there is only vehicle damage and no injury).
Personal Injury (often referred to as a PI).
Killed or Seriously Injured (KSI)
46
What mnemonic can be used to help remember the sequence of considerations and actions required when responding to a road or traffic incident?
ACE-CARD
A – Approach
• Gather as much information as possible, approach incidents from rear.
C – Caution signs
• Place warning signs and cones correctly, establish an appropriate 'exclusion zone'.
E – Examine the scene
• Decide whether further assistance is needed.
C – Casualties
• Check all casualties have been found and administered first aid.
A – Ambulance, fire and rescue and other partnership agencies
• Control and manage the scene, provide a safe working area for the support agencies
R – Remove the obstructions
• Contact recovery services but no vehicle should be removed until potential evidence is secured.
D – Detailed investigation
• Reporting and subsequent investigation according to local and national policy.
47
What must be done if a driver cannot or does not provide the relevant information at the time of an accident?
s 170(3) of the Road Traffic Act 1988
He/she must report the accident and provide the relevant information to the police as soon as reasonably practicable, and certainly within 24 hours.
48
Failing to stop or report an accident is what kind of offence and under what legislation?
A summary offence, under s 170(4) of the Road Traffic Act 1988.
The penalty is 6 month's imprisonment and/or a fine.
49
What are the Drivers’ Post-Accident Duties?
Duties are set down under S170 RTA 1988
50
What must be produced by the driver where personal injury is caused to another person?
A relevant insurance certificate to police officer and injured person s 170(5).
He/she must report the accident and provide the relevant information to the police as soon as reasonably practicable, and certainly within 24 hours s 170(6).
51
What is the statistical record collection of collisions that meets the definition of a reportable accident?
STATS19
This data is submitted to the Department for Transport by individual police forces to be published each September.
52
There are two sorts of dangerous driving
(s2 RTA 1988):
1. Driving that falls well below the standard required of a careful and competent driver and it would be obvious that the driving is dangerous, and
2. Driving in a vehicle which is in such poor condition that a careful and competent driver would realise it was dangerous.
53
Allied to the offence of dangerous driving (s2) are two further offences:
Causing death by dangerous driving (S1 RTA 1988).
Causing serious injury through dangerous driving (serious injury is such that would be counted as GBH if the subject had been assaulted, e.g. broken bones, skull fractures, etc. (S1 A RTA 1988).
54
Careless or Inconsiderate driving, which is also known as driving without due care and attention, comes under what legislation?
s3 RTA 1988
A driver drives without due care if the standard of their driving is below that expected of a competent and careful driver.
- e.g indicating left and then turning right, crossing the centre white line in the face of oncoming traffic or not looking whilst reversing.
To be inconsiderate, other drivers or road users would need to be impacted on.
- e.g. cutting across their path or queue jumping. A driver would be charged with either 'careless' or 'inconsiderate' driving.
55
Which legislation makes it an offence to cause, or to cause to be done, bodily harm to any person by wanton or furious driving racing or other wilful misconduct or wilful neglect.
S35 Offences against the persons act 1861
56
Which legislation introduces the important offence of causing a death whilst under the influence of drink and drugs?
S3A RTA 1988
This is triable at the crown court only, the maximum sentence is 14 years.
57
Causing a death whilst under the influence of drink and drugs
The offence is committed when a driver causes the death of another on the road or in another public place and must either:
S3A RTA 1988
1. Be unfit through drink and drugs at the time,
2. Have consumed so much that the proportion in his/her breath, blood or urine exceed the prescribed limit,
3. Failed without reasonable excuse to have provided a sample when required under S7 RTA 1988 within 18 hours of the incident,
4. Failed without reasonable excuse to have given permission for his or her blood to be tested when required by a police officer.
58
What legislation that can be used against people using parks and estates for motor cycle scrambling or even just parking on communal lawns.
S34 RTA 1988
59
Driving Under the Influence of Drink or Drugs
The circumstances in which a preliminary test can be given are decreed by law under S6 RTA 1988. These are:
1. suspicion that the driver may be driving under the influence of alcohol or a drug,
2. after a moving traffic offence, or
3. after a road traffic accident.
60
There are two offences relating to driving whilst impaired:
1. S4 RTA 1988 Driving: attempting to drive or being in charge of a mechanically propelled vehicle whilst unfit through drink or drugs.
2. S5 RTA 1988 Driving: attempting to drive or being in charge of a mechanically propelled vehicle with alcohol (S5) or drugs (S5A) in excess of the prescribed limit.
61
What does 'in charge' mean?
Being in charge is a wider concept than driving, it could include someone who has parked up to go shopping, for instance, or someone intending to drive but loading a vehicle. It can therefore be a contentious point to prove.
For instance, a drunk man found in a sleeping bag in the rear of a transit van was held not to be in charge because he was not likely to drive. Someone who had been wheel clamped might be equally as successful. The point to be considered is "is the suspect likely to drive".
62
S5 RTA: driving or being in charge of a vehicle whilst over the prescribed limit. A person commits an offence if driving or attempting to drive or in charge of a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in his/her breath, blood or urine exceeds the prescribed limit.
The limits are as follows:
- 35 micrograms of alcohol in 100 millilitres of breath; or
- 80 milligrams of alcohol per 100 millilitres of blood; or
- 107 milligrams of alcohol per 100 millilitres of urine
63
What section of the Road Traffic Act covers preliminary tests?
These could include breathalysers, FIT tests or one of a number of new products being marketed to detect drugs.
6A RTA = Preliminary breath test
6B RTA = Preliminary impairment test
6C RTA = Preliminary drug test
Any officer in or out of uniform can require the test if they reasonably suspect that there has been a moving traffic offence, an accident, or the suspect is under the influence of drink or drugs.
However, the officer MUST BE IN UNIFORM TO ADMINISTER THE TEST, UNLESS THERE HAS BEEN AN ACCIDENT.
64
S6 RTA preliminary tests
Before administering the test, there are some screening questions which must be recorded before administering a breath test. These are:
1. When did you last have an alcoholic drink or use alcoholic mouth spray (must have been at least 20 minutes before the test or there may be a false positive result),
2. When did you last have a cigarette (again you must wait five minutes or it will affect the result), and
3. Is there any medical reason why they cannot take a breath test (if the answer is yes and alcohol is still suspected, they can be arrested for failing to provide a sample and they should be dealt with at the station where further investigation can take place).
65
S6 RTA preliminary tests
If the suspect does blow positive, the officer should say...
"I am arresting you because the breath test is positive and I believe you have been driving having had too much to drink".
This power of arrest comes from S6 RTA NOT S24 PACE. A suspect in a hospital should NOT be arrested (S6D RTA).
66
Failure to cooperate with a preliminary test is a separate offence, those who refuse to provide roadside samples or cooperate with tests are dealt with under what legislation?
S6D RTA.
If alcohol or drugs are not suspected, they should not be arrested unless they cannot be reported for summons for some reason (e.g. name and address cannot be verified or there are grounds to believe they will disappear. )
67
S4 RTA: A person who is unfit to drive through drink or drugs commits an offence when driving or attempting to drive or in charge of an MPV on a road or other public place.
The power of arrest comes from...
S24 PACE. You will need to arrest for prompt and effective investigation as there are further tests and procedures at the police station.
68
What steps following arresting a suspect who is unfit to drive through drink or drugs?
(S7 RTA 1988)
Once you have arrested the suspect, you will take them to a police station where an Evidential Breath Test Machine will be used to measure the alcohol in the suspect's breath. National policy is that we allow 5 micrograms grace and do not charge unless the subject is 40 micrograms or over.
The legislation allows this to be done at a hospital or at a "nearby place" as well.
69
Evidential Breath Test Machine result is not used if:
1. the machine is not available (i.e. broken),
2. it may be unreliable (it runs its own checks after each test to confirm it's working),
3. there is a medical reason why the suspect cannot give a sample,
4. the medical examiner forms the opinion that there is a drug in the suspects body
If any of the above circumstances exist, the suspect is asked for blood or urine instead.
There is an offence of failing to provide a sample of any of the above under S7(6) RTA.
70
The Hospital Procedure - S9 RTA 1988
Before a test is conducted the doctor in charge of the patient's care should be contacted. If they agree, you should continue.
If the doctor agrees, a breath test may be given as normal. There are three possible outcomes:
Pass - no further action taken
Fail to provide/cooperate with the test - report for summons (they cannot be arrested whilst they are still a patient)
Fail the test - call a supervisor who will attend with a police doctor to make the requirement for blood or urine. The doctor treating the patient/suspect must NOT be asked to do this, although an unconnected doctor may. The suspect will be reported for process.
71
What happens with regards to drink/ drug testing if the patient is unconscious?
A police doctor will take a sample of blood and the suspect be asked if it can be analysed when they are in a fit state to give informed consent. To fail to consent is also an offence (S7 A 4-6 RTA 1988).
72
Which legislation covers the seizure of vehicles involved in the various anti-social activity?
The driver must be warned the vehicle will be seized if improper use continues unless:
S59 Police Reform Act 2002
This could be used on an estate plagued by people riding mopeds in an anti-social manner, for example.
- it would be impracticable to do so,
- the driver has already been given a warning on that occasion or in the previous 12 months from any officer and for any vehicle.
73
Which legislation prohibits a person from using, or causing or permitting a person to drive a motor vehicle on a road whilst using a hand-held device?
Reg 110 RTA 1988
Reg 110(3) prohibits a person who is supervising a learner driver from using such a device also. Penalties for such an endorsable offence are now a £200 fine with 6 penalty points.
74
If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to a fine.
What is this legislation?
s 137(1) of the Highways Act 1980
Wilfully obstruct means some kind of deliberate act.
This offence is triable summarily and the penalty is a fine.
75
What is s 137(1) highways act 1980?
If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence.
This offence is triable summarily and the penalty is a fine.
76
Skips placed on or near highways can present hazards.
What legislation covers this?
s 139(1) of the Highways Act 1980
Conditions must be in relation to its size, the way it is lit and its position on the road s 139(2) and with permission s 139(3).
These are summary offences and the penalty is a fine.
77
What does s 161 of the Highways Act 1980 prohibit any person (without lawful authority or excuse) from doing?
(a) Lights any fire on or over a highway which consists of or comprises a carriageway; or
(b) Discharges any firearm or firework within 50 feet of the centre of such a highway,
78
Interfering with road signs, other traffic equipment, or vehicles may put other road users at risk
What legislation covers law surrounding this?
Section 22A of the Road Traffic Act.
79
Section 22A of the Road Traffic Act.
A person is guilty of an offence if he intentionally and without lawful authority or reasonable cause—
(a) Causes anything to be on or over a road, or
(b) Interferes with a motor vehicle, trailer or cycle, or
(c) Interferes (directly or indirectly) with traffic equipment,
80
It is an offence under what legislation if, while a motor vehicle is on a road or on a parking place, a person;
(a) gets on to the vehicle, or
(b) tampers with the brakes or other part of its mechanism.
S25 RTA 1988
81
Is smoking in a vehicle an offence?
Smoking in a vehicle that is enclosed partly or wholly with someone under the age of 18 is an offence.
It is also an offence for the driver to not stop someone smoking in these circumstances.
This offence does cover motorhomes and caravans whilst moving, however (S95 Children and; Families Act 2014).
82
The police have a number of powers under what legislation for situations where the anti-social use of motor vehicles is causing concern to other people in the area?
s 59 of the Police Reform Act 2002
83
In situations where the anti-social use of motor vehicles is causing concern to other people in the area, what must the driving amount to?
- Careless or inconsiderate driving
- Unlawful off-road driving
- Unlicensed on-street racing
It must also cause or be likely to cause alarm, distress, or annoyance to other people.
84
In situations where the anti social use of motor vehicles is causing concern to other people in the area, what does a police officer, using reasonable force when required, have the power to do?
s 59(3) of the Police Reform Act 2002
(a) To order the person driving it to stop the vehicle;
(b) To seize and remove the motor vehicle;
(c) To enter any premises on which he has reasonable grounds for believing the motor vehicle to be (not a dwelling-house or attached garage or garden).
85
Failing to stop following a police order is what kind of offence?
A summary offence under s 59(6) of the Police Reform Act 2002 and the penalty is a fine.
86
If a vehicle is to be seized under s 59(3)(b) of the Police Reform Act 2002 there is no need for warning if:
(a) It is impracticable to do so.
(b) A warning has already been given on that occasion.
(c) The constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him; or
(d) The constable has reasonable grounds for believing that the person has been given a warning (by any police officer, in respect of any vehicle being used in the same or a similar way) on a previous occasion in the previous 12 months.
87
Do Motorised scooters or "Go-Peds need to be insured and licenced?
Motorised scooters or "Go-Peds" have been classified as a motor vehicles (DPP v Saddington 2000) and therefore riders must be insured and licenced.
However, the vehicle does not meet type approval and cannot be used on a road.
88
When dealing with traffic offences you have several options, these include:
A verbal warning
Issuing a fixed penalty notice (FPN)
Reporting for summons (or "reporting for the purposes of issuing a written charge")
Postal Charge Requisition (not taught on this course).
89
Fixed Penalty Notice (FPN)
FPN’s are a means of providing offenders with the opportunity to pay a fixed fine instead of going to court. There are two types of fixed penalty:
1. Non-endorsable Fixed Penalty Notice – for offences which do not add penalty points to a driving licence (e.g. seatbelt and parking offences).
2. Endorsable Fixed Penalty – for offences which had penalty points (e.g. using a mobile phone whilst driving, contravening a red traffic light etc).
A constable in uniform who has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence may give that person a fixed penalty notice (section 54(1) and (2) RTOA).
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If a driver has been issued with an FPN but is unable to provide a satisfactory UK address (e.g. a foreign lorry driver), the Police Officer can what?
A financial deposit there and then at the scene. Failure to pay this fine can result in the officer physically prohibiting the vehicle from moving until the deposit is paid.
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A constable in uniform who has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence may give that person a fixed penalty notice (section 54(1) and (2) RTOA).
If the offence is endorsable and the person is the holder of a licence, the constable can normally only give a fixed penalty notice to a person if:
a) he produces his licence, and
b) the constable is satisfied that he would not be liable for disqualification if convicted of the offence (under the totting up procedure), and
c) he surrenders his licence and its counterpart for the penalty points to be added (section 54(3)).
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Traffic Offence Reports (TOR’s)
TORs provide a choice of disposal options such as...
Driver improvement courses or conditional offers.
The completed TOR is usually processed by a central ticket office who decide the best course of disposal.
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What is the Vehicle Defect Rectification Scheme (VDRS)?
This is a way of enhancing road safety and maintaining better relations between police and public.
When stopped with a vehicular fault, the driver will be offered the opportunity to take part in the scheme.
They are given 14 days to get the fault fixed and take the vehicle to an MOT garage who will stamp a ticket you have given them and return it to the Central Ticket Office.
This will then lead to no further action (NFA) being taken with the prosecution.
The driver can spend his or her money on the repair rather than a fine and they don't have to go to court. If they fail to have the repair carried out in time, they will be summoned.
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The advantages of using the Vehicle Defect Rectification Scheme (VDRS) as disposal are:
- The defects are rectified, contributing positively to road safety
- The offender does not have to attend court
- As this is not a totally punitive measure, public – police relations will be improved
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Notice of Intended Prosecution (The Warning Formula): NIPS applies to what offences...
A suspect has to be warned of the possibility of prosecution within...
- Dangerous driving (and cycling)
- Careless and inconsiderate driving (and cycling)
- Speeding offences
- Failure to comply with a police officer directing traffic
- Failing to comply with a traffic sign
A suspect has to be warned of the possibility of prosecution within 14 days of the commission of offence. This can be done verbally at the time or in writing.
