Podcast
Questions and Answers
What is the primary purpose of the Motor Vehicles (Construction & Use) (Northern Ireland) Regulations 1999?
What is the primary purpose of the Motor Vehicles (Construction & Use) (Northern Ireland) Regulations 1999?
- To limit the number of vehicles on public roads.
- To regulate vehicle emissions.
- To ensure the safety of drivers and other road users. (correct)
- To control the speed of motor vehicles.
Under which article are breaches of the Motor Vehicles Regulations prosecuted?
Under which article are breaches of the Motor Vehicles Regulations prosecuted?
- Article 10 of the Motor Vehicle Regulations.
- Article 75 of the Vehicle and Traffic Law.
- Article 50 of the Road Traffic Act.
- Article 58 of the Road Traffic NI Order 1995. (correct)
Which of the following best defines a 'Motor Vehicle' according to the relevant regulations?
Which of the following best defines a 'Motor Vehicle' according to the relevant regulations?
- Any vehicle used for transporting goods.
- A vehicle intended for use on roads, that is mechanically propelled. (correct)
- All vehicles that require a driver's license.
- Any vehicle that can operate on rail and road.
How is a 'Trailer' defined in relation to motor vehicles?
How is a 'Trailer' defined in relation to motor vehicles?
Which of the following statements is true regarding mechanically propelled vehicles?
Which of the following statements is true regarding mechanically propelled vehicles?
What constitutes a breach of the Regulations outlined in the Motor Vehicles (Construction & Use)?
What constitutes a breach of the Regulations outlined in the Motor Vehicles (Construction & Use)?
Which of these does NOT fall under the definition of a 'Road'?
Which of these does NOT fall under the definition of a 'Road'?
What knowledge is considered unnecessary for enforcing the construction and use of motor vehicles?
What knowledge is considered unnecessary for enforcing the construction and use of motor vehicles?
Who is NOT exempt from wearing a seat belt when driving?
Who is NOT exempt from wearing a seat belt when driving?
What age group must wear a seat belt in cars and vans, according to the law?
What age group must wear a seat belt in cars and vans, according to the law?
Which of the following scenarios allows for exemption from seat belt regulations?
Which of the following scenarios allows for exemption from seat belt regulations?
When must a child be secured in a car seat or seat belt?
When must a child be secured in a car seat or seat belt?
Which of the following is an instance where exemption from wearing a seatbelt applies?
Which of the following is an instance where exemption from wearing a seatbelt applies?
What must a driver do concerning passengers under 14 years old regarding seat belts?
What must a driver do concerning passengers under 14 years old regarding seat belts?
Which of the following is a requirement for buses and coaches according to the recent regulations?
Which of the following is a requirement for buses and coaches according to the recent regulations?
Which exemption applies to the member of the armed forces in relation to seat belts?
Which exemption applies to the member of the armed forces in relation to seat belts?
During what times is it prohibited to use a vehicle on a road unless specific lamps are lit?
During what times is it prohibited to use a vehicle on a road unless specific lamps are lit?
What is the condition under which a vehicle's dipped-beam headlamps must be kept lit?
What is the condition under which a vehicle's dipped-beam headlamps must be kept lit?
Which of the following vehicles is exempt from the requirements to keep headlamps lit?
Which of the following vehicles is exempt from the requirements to keep headlamps lit?
What color light must the rear position lamp show?
What color light must the rear position lamp show?
How many stop lamps must most motor vehicles carry?
How many stop lamps must most motor vehicles carry?
What is the requirement for direction indicators on modern vehicles?
What is the requirement for direction indicators on modern vehicles?
What must be true regarding the use of headlamps to avoid dazzling other road users?
What must be true regarding the use of headlamps to avoid dazzling other road users?
What is required of every motor vehicle with a rear registration plate?
What is required of every motor vehicle with a rear registration plate?
What must be proven for a charge of dangerous driving causing death or grievous bodily injury?
What must be proven for a charge of dangerous driving causing death or grievous bodily injury?
Which of the following scenarios exemplifies dangerous driving?
Which of the following scenarios exemplifies dangerous driving?
To be guilty of dangerous driving, a driver must be operating their vehicle in what condition?
To be guilty of dangerous driving, a driver must be operating their vehicle in what condition?
What does 'driving dangerously' NOT include according to the definitions provided?
What does 'driving dangerously' NOT include according to the definitions provided?
Which of the following criteria is NOT part of establishing dangerous driving?
Which of the following criteria is NOT part of establishing dangerous driving?
In what circumstance can a vehicle be considered in a dangerous condition?
In what circumstance can a vehicle be considered in a dangerous condition?
What does it mean if a driver’s actions fall far below what is expected of a competent driver?
What does it mean if a driver’s actions fall far below what is expected of a competent driver?
Which of the following factors is NOT required for a dangerous driving prosecution under Article 9?
Which of the following factors is NOT required for a dangerous driving prosecution under Article 9?
What is one method by which a Notice of Intended Prosecution can be served?
What is one method by which a Notice of Intended Prosecution can be served?
How long after an offence must a Notice of Intended Prosecution be served for dangerous or careless cycling?
How long after an offence must a Notice of Intended Prosecution be served for dangerous or careless cycling?
What can occur if a Notice of Intended Prosecution is not served?
What can occur if a Notice of Intended Prosecution is not served?
What should be done if the police determine a driver has a relevant disability or medical condition?
What should be done if the police determine a driver has a relevant disability or medical condition?
What emergency procedure is associated with Cassie's Law?
What emergency procedure is associated with Cassie's Law?
What form must be completed to report a driver suspected of having a medical condition affecting their ability to drive?
What form must be completed to report a driver suspected of having a medical condition affecting their ability to drive?
What happens if a notice is sent to an offender’s last known address and returned?
What happens if a notice is sent to an offender’s last known address and returned?
What challenge can arise concerning the serving of a Notice of Intended Prosecution?
What challenge can arise concerning the serving of a Notice of Intended Prosecution?
What is the condition under which a constable in uniform can require a driver to stop?
What is the condition under which a constable in uniform can require a driver to stop?
What constitutes an offence when a constable issues a direction?
What constitutes an offence when a constable issues a direction?
Who is liable for prosecution if a direction is contravened?
Who is liable for prosecution if a direction is contravened?
Under which article is the power to arrest for failing to stop established?
Under which article is the power to arrest for failing to stop established?
What does the article state about the uniform requirement for officers directing traffic?
What does the article state about the uniform requirement for officers directing traffic?
What must a constable have to demand proof of insurance from a driver?
What must a constable have to demand proof of insurance from a driver?
Under which circumstance can a constable initiate an inquiry regarding vehicle insurance?
Under which circumstance can a constable initiate an inquiry regarding vehicle insurance?
What action should a constable take if a driver fails to stop or provide insurance evidence promptly?
What action should a constable take if a driver fails to stop or provide insurance evidence promptly?
Which of the following is considered reasonable grounds for a constable to suspect no insurance?
Which of the following is considered reasonable grounds for a constable to suspect no insurance?
What is the consequence if a person fails to provide evidence of insurance during a police inquiry?
What is the consequence if a person fails to provide evidence of insurance during a police inquiry?
What does the term 'driving' refer to according to the provided information?
What does the term 'driving' refer to according to the provided information?
Which action is required when traffic is approaching from both the front and rear?
Which action is required when traffic is approaching from both the front and rear?
What is considered necessary for the examination of driving documents?
What is considered necessary for the examination of driving documents?
In what situation might two individuals be considered to be 'driving' the same vehicle?
In what situation might two individuals be considered to be 'driving' the same vehicle?
What power do police have concerning the demand for driving documents?
What power do police have concerning the demand for driving documents?
Which of the following describes a scenario where the essence of 'driving' may apply incorrectly?
Which of the following describes a scenario where the essence of 'driving' may apply incorrectly?
How is traffic approaching from the rear indicated to other motorists?
How is traffic approaching from the rear indicated to other motorists?
According to the content, what is the primary purpose of checking driving documents?
According to the content, what is the primary purpose of checking driving documents?
What is the maximum allowable cut in a tyre for it to be deemed fit for use on a vehicle?
What is the maximum allowable cut in a tyre for it to be deemed fit for use on a vehicle?
For light trailers under 750kgs, what is the minimum required tread depth?
For light trailers under 750kgs, what is the minimum required tread depth?
Which of the following requirements is NOT necessary for a vehicle's tyres?
Which of the following requirements is NOT necessary for a vehicle's tyres?
Children up to what age or height must use child restraints instead of adult seat belts in vehicles?
Children up to what age or height must use child restraints instead of adult seat belts in vehicles?
What must be clearly visible on a moped's tyre according to regulations?
What must be clearly visible on a moped's tyre according to regulations?
In what situations are all vehicles required to display lights?
In what situations are all vehicles required to display lights?
What is the consequence for a vehicle that has a tyre with exposed ply or cord?
What is the consequence for a vehicle that has a tyre with exposed ply or cord?
What is the requirement for the base groove of a tyre in good condition?
What is the requirement for the base groove of a tyre in good condition?
What must the defendant demonstrate regarding motor vehicle use on a road or public place?
What must the defendant demonstrate regarding motor vehicle use on a road or public place?
In which scenario is a vehicle owner deemed to still be using their vehicle?
In which scenario is a vehicle owner deemed to still be using their vehicle?
What is described as 'cause' in relation to vehicle use?
What is described as 'cause' in relation to vehicle use?
Which of the following best describes 'permit' in the context of vehicle use?
Which of the following best describes 'permit' in the context of vehicle use?
If a transport manager instructs a subordinate to use a company vehicle, who is considered to be using the vehicle?
If a transport manager instructs a subordinate to use a company vehicle, who is considered to be using the vehicle?
Which example illustrates a situation of 'use' as defined in the context of vehicles?
Which example illustrates a situation of 'use' as defined in the context of vehicles?
What constitutes a valid situation of permission regarding vehicle use?
What constitutes a valid situation of permission regarding vehicle use?
When a vehicle owner is in the passenger seat while someone else drives, when are they considered to be using the vehicle?
When a vehicle owner is in the passenger seat while someone else drives, when are they considered to be using the vehicle?
What is the primary action an authorised examiner may take upon detecting an offence listed under VDRS?
What is the primary action an authorised examiner may take upon detecting an offence listed under VDRS?
Which of the following is NOT classified as a defect that can lead to a prohibition of vehicle movement?
Which of the following is NOT classified as a defect that can lead to a prohibition of vehicle movement?
How long does a vehicle owner have to present their vehicle for re-inspection after receiving a VDRS 1 notice?
How long does a vehicle owner have to present their vehicle for re-inspection after receiving a VDRS 1 notice?
What should be done if a defect is found that prevents a vehicle from continuing on the road?
What should be done if a defect is found that prevents a vehicle from continuing on the road?
What must occurred for a vehicle to be prohibited from moving until defects are rectified?
What must occurred for a vehicle to be prohibited from moving until defects are rectified?
In what manner is the VDRS 1 notice typically issued?
In what manner is the VDRS 1 notice typically issued?
What is an example of an action that could be taken against someone who obstructs an authorised examiner?
What is an example of an action that could be taken against someone who obstructs an authorised examiner?
What type of vehicle defect cannot be addressed through the VDRS scheme?
What type of vehicle defect cannot be addressed through the VDRS scheme?
What must be proven in order to prosecute someone for driving while disqualified?
What must be proven in order to prosecute someone for driving while disqualified?
Which question is NOT recommended to ask during the defendant's interview?
Which question is NOT recommended to ask during the defendant's interview?
Which of the following is true about the offence of driving whilst disqualified?
Which of the following is true about the offence of driving whilst disqualified?
Who is likely to be regarded as the 'driver' if the vehicle is stationary?
Who is likely to be regarded as the 'driver' if the vehicle is stationary?
What is usually considered sufficient evidence to support a prosecution for driving while disqualified?
What is usually considered sufficient evidence to support a prosecution for driving while disqualified?
In which scenario is a person NOT considered as having committed the act of driving?
In which scenario is a person NOT considered as having committed the act of driving?
Which piece of evidence is critical in determining whether someone is disqualified from driving?
Which piece of evidence is critical in determining whether someone is disqualified from driving?
Which of the following statements regarding the disqualification process is true?
Which of the following statements regarding the disqualification process is true?
What defines careless and inconsiderate driving?
What defines careless and inconsiderate driving?
What is expected of a careful and competent driver?
What is expected of a careful and competent driver?
Which of the following constitutes driving without due care and attention?
Which of the following constitutes driving without due care and attention?
Under which conditions can a police officer seize a vehicle for lacking insurance?
Under which conditions can a police officer seize a vehicle for lacking insurance?
What must be proven for a driver to be charged with driving without due care and attention?
What must be proven for a driver to be charged with driving without due care and attention?
What is the correct procedure when a constable suspects a vehicle is uninsured?
What is the correct procedure when a constable suspects a vehicle is uninsured?
What circumstance is NOT considered when determining if a driver is careless?
What circumstance is NOT considered when determining if a driver is careless?
What role does Form T27 play in the vehicle seizure process?
What role does Form T27 play in the vehicle seizure process?
Which of the following errors could lead to a careless driving charge?
Which of the following errors could lead to a careless driving charge?
Who is responsible for issuing a Form 55/8 in the event of a vehicle seizure?
Who is responsible for issuing a Form 55/8 in the event of a vehicle seizure?
What type of vehicle operation does the legislation primarily address?
What type of vehicle operation does the legislation primarily address?
What action should an officer take if they suspect a driver is uninsured before contacting an authorised officer?
What action should an officer take if they suspect a driver is uninsured before contacting an authorised officer?
What example illustrates careless driving according to the guidelines?
What example illustrates careless driving according to the guidelines?
What must be done immediately upon seizing a vehicle for lack of insurance?
What must be done immediately upon seizing a vehicle for lack of insurance?
What is the maximum age for children who must use child restraints instead of adult seat belts in vehicles?
What is the maximum age for children who must use child restraints instead of adult seat belts in vehicles?
What is one key element that must be verified before an officer can seize a vehicle for no insurance?
What is one key element that must be verified before an officer can seize a vehicle for no insurance?
Which condition is NOT acceptable for a vehicle's tyres in order for them to be deemed roadworthy?
Which condition is NOT acceptable for a vehicle's tyres in order for them to be deemed roadworthy?
Which group of individuals is allowed to seize vehicles for lacking an insurance certificate?
Which group of individuals is allowed to seize vehicles for lacking an insurance certificate?
What is the required minimum tread depth for light trailers and vehicles under category 'B'?
What is the required minimum tread depth for light trailers and vehicles under category 'B'?
What feature must all vehicles display during periods of reduced visibility?
What feature must all vehicles display during periods of reduced visibility?
What is the maximum tread depth visibility required for mopeds?
What is the maximum tread depth visibility required for mopeds?
Under what condition is a vehicle prohibited from being used on the road?
Under what condition is a vehicle prohibited from being used on the road?
What is one condition that makes a tyre unsuitable for use on a specific vehicle or trailer?
What is one condition that makes a tyre unsuitable for use on a specific vehicle or trailer?
What is the requirement for tread depth on class 'A', 'C', and 'D' vehicles?
What is the requirement for tread depth on class 'A', 'C', and 'D' vehicles?
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Study Notes
Introduction to Roads Policing Construction and Use Regulations
- The Motor Vehicles (Construction & Use) (Northern Ireland) Regulations 1999 outline detailed rules for vehicle manufacture, maintenance, and use.
- Article 58 of the Road Traffic NI Order 1995 prosecutes violations of the Regulations, stating that failure to comply with construction or use requirements is an offense.
Vehicle Definitions
- Motor Vehicle: A mechanically propelled vehicle intended or adapted for use on roads (excluding trams, vehicles on rails, or trolley vehicles).
- Mechanically Propelled Vehicle (MPV): Not formally defined, but understood as a vehicle with some form of mechanical propulsion (e.g., petrol, steam, electric).
- Trailer: A vehicle drawn by a motor vehicle.
- Road: Includes public roads, streets, carriageways, highways, and roadways accessible to the public.
Seat Belts
- Drivers and passengers aged 14 and over in cars, vans, and commercial vehicles must wear seatbelts if available.
- Drivers are responsible for ensuring children under 14 wear seatbelts or use appropriate child restraints.
- Front seatbelts were compulsory in new cars registered in the UK since 1968, with rear seatbelts becoming compulsory in 1986.
- Since 2007, passengers aged 3 and above in buses and coaches must wear seatbelts where fitted.
Headlamps & Hours of Darkness
- Vehicles must be fitted with front and rear position lamps (sidelights) that show white light (front) and red light (rear).
- Vehicles must have two stop lamps, except invalid carriages and motorcycles (with or without sidecars) that only need one.
Registration Plate Lamps
- Vehicles must have a working rear registration plate lamp capable of adequately illuminating the plate during sunset to sunrise.
Dangerous Driving
- Article 9 of the Road Traffic (NI) Order 1995 defines dangerous driving causing death or grievous bodily injury as driving a mechanically propelled vehicle dangerously on a road or public place, resulting in death or injury.
- Article 11(1)(2) of the Road Traffic (NI) Order 1995 defines dangerous driving as driving significantly below the standard of a competent and careful driver, or driving a vehicle in a state that would obviously be dangerous to a competent and careful driver.
Notice of Intended Prosecution
- A Notice of Intended Prosecution can be given verbally, within 24 hours of the offense, but the offender must understand the warning.
- A Form 55/13 can be served on the offender within 14 days of the offense for careless/inconsiderate driving or dangerous cycling.
- For other offenses, a Notice of Intended Prosecution can be served on the offender or vehicle owner within 14 days, or a summons served within 14 days.
Disability and Medical Condition Referrals
- Police investigating any incident, including collisions, must report to DVA if they suspect a driver has a disability or medical condition that poses a danger to the public.
- Use Form 55/4 for this reporting, completing it within the turn of duty and emailing it to zDVANI for immediate referral to DVA.
Urgent Eyesight Referrals
- Cassie's Law was introduced in Great Britain after a fatal collision caused by an elderly driver who ignored police advice not to drive following a failed eyesight test.
- It emphasizes the urgency of reporting eyesight issues that could impact driving.
Child Restraints
- Children under 12 years old or 135cm in height must use child restraints in cars and goods vehicles.
Tyre Requirements
- All tyres must be free from defects and fit for the intended use.
- Tyres must be inflated to the correct pressure.
- Tyres with cuts exceeding 25mm or 10% of the section width are not permitted.
- Tyres with exposed ply or cord are not permitted.
- Tyres must have the original tread pattern visible.
- Tread depth requirements vary by vehicle type:
- Light trailers (under 750kgs) and vehicles within category ‘B’ of a driving licence require at least 1.6mm tread depth.
- Category ‘A’, ‘C’, and ‘D’ vehicles require the base of the original tread to be visible with at least 1mm tread depth.
- Mopeds only need the original tread pattern visible.
Lights on Vehicles
- Vehicles must display lights during periods of reduced visibility, regardless of the time of day.
Stopping Power of a Constable
- A uniformed constable can require drivers of vehicles and cyclists to stop.
- Failure to stop when instructed is an offense.
Power of Entry
- Police have the power to arrest someone for failing to stop for a uniformed constable under Article 180(1) of the Road Traffic (Northern Ireland) Order 1981.
Power to Direct
- A uniformed constable can direct cyclists, pedestrians, and motorists while carrying out functions under the Traffic Order.
- Failure to comply with the constable's directions is an offense.
Police Direction Signals
- There are specific hand signals used by police officers in the UK, examples of which include:
- Stop Front: Signal given to traffic approaching from the front.
- Stop Rear and Hold: Signal given to traffic approaching from the rear.
- Stop Front and Hold Rear: Signal given to traffic approaching from both the front and rear.
- Beckon Right: Signal given to beckon traffic approaching from the right to proceed.
Driving Documents: Introduction
- Police officers frequently interact with motor vehicles and drivers.
- Examining documents can lead to the detection of traffic and non-traffic offenses.
- This section introduces Article 180 of the Road Traffic (NI) Order 1981 and police powers regarding document demands.
Driving Documents: Driver Definition
- A "driver" includes anyone using the driver's controls to direct the movement of a vehicle, regardless of the vehicle's power source.
- Two people can be considered driving the same vehicle.
Driving Documents: Use and Cause
- A driver is always considered to be using the vehicle.
- If a vehicle belongs to a company and is used for business purposes, the employer is also considered to be using the vehicle.
- The owner of a vehicle is considered to be using it if they are in the passenger seat and the vehicle is being used for their purpose.
- A person with authority who orders or instructs someone to drive a vehicle is considered to be causing the use of the vehicle.
- A person who gives permission to use a vehicle, whether general or specific, is permitting use.
- A vehicle that has been left on the road for an extended period and is unable to be moved still requires insurance.
Seizure of Uninsured Vehicles
- Police have the power to seize uninsured vehicles on public roads.
- A uniformed constable must have reasonable grounds to suspect a vehicle is uninsured before taking action.
- Suspicion can be established through checks with the Motor Insurers' Bureau (MIB) and insurance companies.
Child Restraints
- Children up to 12 years old or 135cm tall must use child restraints in cars and goods vehicles.
Tyre Requirements
- General: All vehicle tyres must be free from defects and suitable for their intended use.
- Inflation: Tyres must be inflated to the proper pressure for the vehicle's use.
- Damage: Tyres with cuts exceeding 25mm or 10% of the section width, reaching the ply/cord, or with lumps/bulges/tears from structural failure are prohibited.
- Ply/Cord Exposure: Tyres with exposed ply/cord are prohibited.
- Tread Depth: The base groove of the original tread pattern must be visible.
- Light Trailers & Category B Vehicles (up to 750kg): Require at least 1.6 mm of tread depth throughout the central ¾ of the tire breadth.
- Category A, C, and D Vehicles: Require the base of the original tread to be visible and at least 1mm of tread depth throughout the central ¾ of the tire breadth.
- Mopeds: Only require the original tread pattern to be visible.
Vehicle Lights
- Vehicles must display lights during periods of reduced visibility, regardless of the time of day.
Vehicle Defect Rectification Scheme (VDRS)
- Trained officers or designated agencies carry out vehicle inspections.
- VDRS Offences:
- Driver unable to fully see the road.
- Defective lights
- No windscreen wipers
- Defective windscreen wipers
- Defective seatbelts
- Excessive smoke
- No horn
- No windscreen washers
- No driver's seatbelt
- Defective side protective guard
- Dangerous mascot on the vehicle
- No spray suppression device
- Defective exhaust and silencer system
- Defective tire (general)
- VDRS 55/10 Form: Can be issued by an authorized examiner for detected offenses.
- VDRS 1 (Form 55/10): Served on the vehicle owner, requiring them to present the vehicle for inspection within 14 days.
Vehicle Prohibited from Continuing
- A specially trained Roads Policing Officer can issue a form T6/1, prohibiting a vehicle from moving until defects are rectified.
- VDRS1 (form 55/10): Issued via mobile device.
Driving While Disqualified
- The offense of driving while disqualified is of strict liability, meaning knowledge of the disqualification is not necessary to prove guilt.
- Proof of Disqualification:
- Certificate of Conviction
- Witness testimony from someone present at the disqualification hearing
- Admission from the driver during an interview conducted according to PACE and Codes of Practice.
Definition of "Driving"
- A person seated in a vehicle, directing its movement, is considered to be driving, even if the engine is not running.
Vehicle Seizure (No Insurance)
- Form T23: Used for vehicle seizure, except for no insurance cases.
- Form T27: Used for no insurance vehicle seizure.
- Conditions for Seizure:
- Officer requires proof of insurance, it is not produced, and there are reasonable grounds to believe the vehicle was being driven.
- Officer requires the driver to stop, they fail to stop, and there are reasonable grounds to believe the vehicle was being driven.
- Authorized Officers: Only authorized officers can seize vehicles for lack of insurance.
Police Guidance on Uninsured Vehicle Seizure
- Conduct initial enquiries to verify the vehicle is uninsured, including checking the Motor Insurers Database (MID) and contacting the MIB police helpline.
- Request assistance from an authorized officer to seize the vehicle.
- Officer will complete the necessary paperwork and instruct the driver on how to retrieve their vehicle.
- The seizing officer is responsible for issuing a form 55/8 for other driving documents and submitting the "No insurance" file.
Careless and Inconsiderate Driving
- Offence: Driving without due care and attention or without reasonable consideration for other road users.
- Standard: Driving behavior must meet the standard of a competent and careful driver.
- No Allowances: Inexperience or errors in judgement do not excuse careless and inconsiderate driving.
- Examples:
- Signalling left and turning right
- Failing to give way at a roundabout
- Hitting a parked vehicle, lamp post, or traffic sign without reasonable excuse.
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