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0

Can an FPN be given to someone who is 16?

Yes but their parent/ guardian must be informed of the issue and the FPN must be endorsed with the counter signature of the parent/guardian

1

If the offence IS endorsable and the person is the holder of a GB license, then the officer can give the person an FPN if: ?

They produce their license and counterpart

The officer is satisfied that they would not be liable for disqualification if convicted for the offence (less than 12 points, 6 if new driver)

They surrender their license and counterpart to be dealt with under the act (penalty points added)

2

What if the offence is endorsable and the offender does not have their license with them?

The officer may give them a provisional fixed penalty and a notice to produce their docs to a station within 7 days.

3

Under what section/act may an officer require a person to produce their docs at a station? And therefore if a person fails do so so it is a offence?

S161 RTA 1988

4

An FPN may be issued unless what?

Arising out of a road traffic accident

The person is arrested or reported for other offences arising out of the same circumstances (excludes document offences)

The offender is Aiding and abetting

The offender is under 16

The offender is a foreign driver

5

Examples of the main endorsable offences

Using handheld / mobile device

Supervisor using handheld device

Driving without due care and attention

Driving other than in accordance with license

Vehicle in dangerous or defective condition (ie. defective brakes, steering, tyre tread or pressure)

Speeding

Stopping vehicle on motorway

Reversing on motorway

Uturn on motorway

Driving on hard shoulder motorway

Contravene a stop sign/ double white line / no entry sign

Stopping in limits of pelican/zebra crossing

Carrying more than 1 person on motorcycle



6

Examples of main non-endorsable offences?

Quitting - Unattended vehicle - engine running and/or brake not set

Opening door so as to cause injury /danger

Failure to display reg plate / drive vehicle with obscured / indistinguishable reg plate

Wipers not fitted / not confirming to regulations

Windows not clear

Misuse of hazard lights

Driver (or front seat passenger under 14) Fails to wear seat belt

Adult rear passenger fail to wear seatbelt

Pedal cycle contravening road markings/ traffic signals

Pedal cycle carrying more than 1 person

Unnecessary obstruction

Wilful obstruction

Fail to stop for police officer / traffic warden

Fail to display vehicle excise license

7

What info to give or PNC check on vehicle?

VRM (repeat)
Make
Model
Colour
Reason
Location

8

Info to give for PNC check on a person ?

NASCH RL

Name (surname, first name)
Age (dob)
Sex
Colour
Height
Reason
Location

9

What does status 12 mean?

Asking if anyone else if listening to the conversation? (Ie do you have your earpiece in)

10

Driving whilst unfit through drink or drugs... what section/ act?

- The Most serious of drink drive offences

S4 RTA 1988

11

Duty of driver in RTA, damage only

Stop
Give name, address and vehicle details

12

Duty of driver in RTA, injury RTA

Stop
Give name, address and vehicle details
Produce instance certificate

13

Driving or attempting to drive or being in charge of a vehicle whilst over the prescribed limit?

S5 RTA 1988

14

When can you not be prosecuted for S5 - OPL?

When on private land

15

What does a roadside breath test do?

Gives you the grounds to suspect/believe someone is OPL

You can then arrest and take to station for further test.

16

Power to take a preliminary breath test?

Offence for failing to comply with breath test?

Power of arrest for failure to comply?

S6 RTA 1988.

Can do the breath test there or nearby.

It is an offence to fail to cooperate with breath test (S6(6)) - resulting in arrest.

Powers of arrest for failure to comply with test come from S6d(2) RTA 1988

17

North yorks policy re accident breath tests

Always breath test both drivers if injury accident

If no injury but you suspect alcohol then conduct a breath test.

If no injury and you don't suspect alcohol then just explain requirement to exchange details between drivers user S170.

18

'Accident' (re breathalising)

(not the same as the definition of an accident under s170)

Any unexpected, untoward occurrance.

For purpose of breath test this could include incidents such as clipping a kerb / bollard.

19

What if pass the roadside breath test but you still suspect intoxification based on physical signs?

You can arrest on suspicion of drugs and have a dr examine them at the station.

20

Power of entry for imposing a S6?

S6e

21

What is an FPN?

Fixed penalty notice

Can only be issued to the person actually committing the offence (not someone causing or permitting the offence)

An alternative to court procedure.

Requires same amount of evidence as if it were going to court.

A person can change their mind and request to go to court instead of paying the FPN

22

What is VDRS?

Vehicle defect rectification scheme.


Voluntary scheme but participation means no further action will be taken against them for the offence.
(If declines participation then FPN can be issued or they can be reported for summons)

Can give someone a VDRS to address a broken light/ bald tyre etc..

They will have to have the defect fixed within 14 days and have the vehicle examined and the vdrs form stamped by a dept of transport approved testing station to confirm the fault is rectified.

23

Can issue up to 3 FPNs at one time, only 1 of which can be endorsable. However practically if there is more then 1 offence you would just report them for summons.

.

24

What if there is more than 1 endorsable offence?

Report for summons.

25

What if an offence is non endorsable and the offender is not present?

You can still issue, and fix the FPN to the vehicle.

You should try to find the person but if this is not feasible you can just issue and fix to the vehicle.

26

When can you issue an endorsable FPN?

Only when the offender is present.

27

If 12pts or more in a 3 year period = liable for disqualification.

Check any points on licence for total of points within 3 year period from the date of the offences.

If already have 9 or more then you can't issue a ticket as they are liable for disqual. You must report them for summons.

28

2 types of FPN?

Full - number of existing points confirm its ok to issue and they are willing to take the FPN. If they have their license on them then we can take it and attach it to the ticket.

Provisional - if we cannot check the number of existing points then we issue a provisional FPN requesting that they take their docs to a station within 7 days.

29

How long does someone have to pay the FPN fine?

28 days.

However they only have 7 days to produce any docs required to a station.