RP Flashcards
(24 cards)
Non Endorsable Offence
An offence where you do not receive points on your license.
Construction and Use Offences
Offence against the vehicle.
Endorsable Offence
An offence where you receive points on your license.
Motor Vehicle
Mechanically propelled vehicle specifically designed or adapted for use on the roads.
Mechanically Propelled Vehicle (MPV)
Any vehicle powered by mechanical means, such as an engine or electric motor.
Reasoning for Stopping Vehicles
Police Officers do NOT need a reason to stop a vehicle. It is an offence to NOT stop for the police.
S163 Road Traffic Act 1988
‘163 STOP FOR ME’
(1)A person driving a [mechanically propelled vehicle] on a road must stop the vehicle on being required to do so by a constable in uniform [or a traffic officer].
(2)A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform [or a traffic officer].
(3)If a person fails to comply with this section he is guilty of an offence.
S35 Road Traffic Act 1988
Where a constable [or traffic officer] is for the time being engaged in the regulation of traffic in a road, a person driving or propelling a vehicle who neglects or refuses—
(a)to stop the vehicle, or
(b)to make it proceed in, or keep to, a particular line of traffic,
when directed to do so by the constable in the execution of his duty [or the traffic officer (as the case may be)] is guilty of an offence.
S37 Road Traffic Act 1988
Where a constable in uniform [or traffic officer] is for the time being engaged in the regulation of vehicular traffic in a road, a person on foot who proceeds across or along the carriageway in contravention of a direction to stop given by the constable in the execution of his duty [or the traffic officer (as the case may be)], either to persons on foot or to persons on foot and other traffic, is guilty of an offence.
S164 Road Traffic Act 1988
‘164 SHOW ME MORE’
(a) person driving a motor vehicle on a road,
(b)whom a constable [or vehicle examiner] has reasonable cause to believe to have been the driver of a motor vehicle at a time when an accident occurred owing to its presence on a road,
(c)a person whom a constable [or vehicle examiner] has reasonable cause to believe to have committed an offence in relation to the use of a motor vehicle on a road, or
(d)a person—
(i)who supervises the holder of a provisional licence
Must, on being so required by a constable [or vehicle examiner], produce his licence.
S165 Road Traffic Act 1988
‘165 CAN YOU DRIVE?’
(a)a person driving a motor vehicle on a road, or
(b)a person whom a constable [or vehicle examiner] has reasonable cause to believe to have been the driver of a motor vehicle at a time when an accident occurred owing to its presence on a road [or other public place], or
(c)a person whom a constable [or vehicle examiner] has reasonable cause to believe to have committed an offence in relation to the use on a road of a motor vehicle,
must, on being so required by a constable [or vehicle examiner], give his name and address and the name and address of the owner of the vehicle and produce the following documents for examination.
(2)Those documents are—
The relevant Certificate of Insurance as required by Section 143
A Test Certificate (MOT) for vehicles subject to Section 47
A Goods Vehicle Test Certificate for vehicles subject to Section 53
Totting Up
Refers to a driver accumulating 12 or more penalty points on their license within a period of 3 years.
S3 Road Traffic Act 1988
Carless or Inconsiderate Driving
If a person drives a mechanically propelled vehicle on a road or other public place without due care or attention,
OR
Without reasonable consideration for other persons using the road or place,
He/she is guilty of an offence.
Summary - A fine not exceeding level 4 on the standard scale.
Discretionary disqualification.
Obligatory endorsement - licence endorsed three to nine penalty points.
S2 Road Traffic Act 1988
Dangerous Driving
A person who drives a mechanically propelled vehicle dangerously on a road or another public place,
Is guilty of this offence.
Either Way
Summary - Six months imprisonment and/or fine.
Indictment - Two years imprisonment and/or fine.
Obligatory endorsement - license endorsed three to eleven penalty points. Compulsory retest.
S1 Road Traffic Act 1988
Causing Death by Dangerous Driving
A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
Indictable Only Offence
Indictable - 14 years imprisonment
S1a Road Traffic Act 1988
Causing Serious Injury by Dangerous Driving
A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
Either Way Offence
Summary - 6 months imprisonment
Indictment - 5 years imprisonment
S2b Road Traffic Act 1988
Causing Death by Careless, or Inconsiderate Driving
A person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.
Either Way Offence
Summary - 6/12 months imprisonment and 3-11 Penalty Points
Indictable - 5 Years and 3-11 Penalty Points
S2c Road Traffic Act 1988
Causing Serious Injury by Careless or Inconsiderate Driving
A person who causes serious injury to another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.
Either Way Offence
Summary - 12 months imprisonment
Indictable - 2 years imprisonment
S4 Road Traffic Act 1988
Driving whilst unfit through drink or drugs including attempting to drive and being in charge
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.
Summary: maximum 6 months imprisonment and / or a fine.
Obligatory disqualification
Obligatory endorsement - licence endorsed three to eleven penalty points.
SECTION 17 POE APPLY
S5 Road Traffic Act 1988
Proportion of Alcohol
If a person -
(a) drives or attempts to drive a motor vehicle on a road or other public place, or
(b) is 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 breath, blood or urine exceeds the prescribed limit he is guilty of an offence.
Summary: six months imprisonment and / or a fine.
Obligatory disqualification
Obligatory endorsement - licence endorsed three to eleven penalty points.
S5a Road Traffic Act 1988
Proportion of controlled drug
(a) drives or attempts to drive a motor vehicle on a road or other public place, or
(b) is in charge of a motor vehicle on a road or other public place,
and there is in D’s body a specified controlled drug.
Summary: maximum 51 weeks imprisonment and / or a fine.
Obligatory disqualification
Obligatory endorsement - licence endorsed 3-11 penalty points.
S6 Road Traffic Act 1988
Requirement to provide a specimen of breath
S11 Road Traffic Act 1988
Legal Prescribed Limits
Breath - 35mg Alcohol in 100ml of Breath
Blood - 80mg Alcohol in 100ml of Blood
Urine - 107mg Alcohol in 100ml of Urine
4 Reasons to Require a Sample of Breath
Reasonably suspects person has alcohol/drugs in the body
