Roads Policing PDF

Roads Policing RP02 Construction and Use Introduction The Motor Vehicles (Construction & Use) (Northern Ireland) Regulations 1999 contain many detailed rules for the manufacture, maintenance and use of motor vehicles. Although the Regulations outline how vehicles are to be used, any...

Roads Policing RP02 Construction and Use Introduction The Motor Vehicles (Construction & Use) (Northern Ireland) Regulations 1999 contain many detailed rules for the manufacture, maintenance and use of motor vehicles. Although the Regulations outline how vehicles are to be used, any breaches of the Regulations are prosecuted under Article 58 Road Traffic NI Order 1995, which states that a person who contravenes any construction or use requirement or uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used, is guilty of an offence. Most of us are not mechanical engineers and although technical knowledge of motor vehicles is helpful, it is not necessary for you to possess that knowledge. You will be able to enforce this aspect of the law as most of it is straightforward. The purpose of these regulations is to ensure the safety of drivers and other road users. The regulations apply to motor vehicles and trailers in use on roads and deal with their: Construction Maintenance Use OFFICIAL [SENSITIVE] Page 6  Definitions: Motor Vehicle: ‘A mechanically propelled vehicle (not being a tramcar or other vehicle running on permanent rails, or a trolley vehicle) which is intended or adapted for use on roads.’ (Case law – R V Mcclean) Art 2(2) Road Traffic (NI) Order 1981 Mechanically Propelled Vehicle: MPVs are not defined but can be said to be a vehicle with some form of mechanical propulsion, i.e. petrol driven, steam driven, electrically driven. (Case law – Waters V Eddison Steam Rally Company 1915/Mac Ecchran V Hart) Trailer: A vehicle drawn by a motor vehicle. Art 3 Road Traffic (NI) Order 1995 Road: Includes a public road and any street, carriageway, highway or roadway to which the public have access. Art 2(2) Road Traffic (NI) Order 1995 Public Road: A road which is maintainable by the department and includes any part of a public road, and includes any bridge or tunnel over or through which such a road passes. Art 2(2) Road Traffic Regulation (NI) Order 1997 (Case law for Road/Public Place – Harrison V Hill 1932) Mechanically Propelled Vehicle (MPV) Article 6 of the Road Traffic (NI) Order 1995 states, for the purposes of the Road Traffic Order or the Offenders Order that certain vehicles are not to be treated as motor vehicles: a) an MPV being an implement for cutting grass which is controlled by a pedestrian and is not capable of being used or adapted for any other purpose; b) any other MPV controlled by a pedestrian which may be prescribed for the purposes of this Article; and c) an electrically assisted pedal cycle of such a class as may be so prescribed. OFFICIAL [SENSITIVE] Page 7 NB: The Electrically Assisted Pedal Cycles (Construction and Use) Regulations (Northern Ireland) 2020 defines the class of e-bike that is to be treated as not being a motor vehicle, specifically the cycle must be fitted with pedals that are required to propel it and is assisted by an electric motor which has a maximum rated power of 250w and cannot propel the cycle when travelling more than 15.5 mph (25 km/h). The legislation does not cover other classes of e-bikes, which will still be considered as motor vehicles. In essence an E-Bike which falls within the above definition is to be treated as a normal pedal cycle. Intended/Adapted In deciding whether or not a MPV is intended or adapted for use on the road and therefore a motor vehicle, the following should be considered: a. is there evidence of use on a road/public place (e.g. an admission by the driver that he drove on a road, or evidence of a sighting of the vehicle on a road); or b. that a reasonable person looking at the vehicle would consider that one of its uses is to be used on a road (e.g. by seeing that indicators have been fitted). A standard car is intended by the manufacturer to be used on a road and therefore it is obviously a motor vehicle (MV), but what about a scrambler motorcycle? The scrambler was never intended by the manufacturer for use on a road, however you may have evidence as outlined in (a) and/or (b) above concerning such a mechanically propelled vehicle (MPV) being used on a road or public place and the court have deemed it to be a MV in such cases. See R ‘v’ McClean (2005), a local case, which deemed that a farm quadricycle (quad) that was being used in a public place would be deemed by a reasonable person to be a MV and it was thus treated as such. This means that the rider at the time of a stop would be subject to the full range of legislation that applies to MVs. It was also this case, R ‘v’ McClean (2005), that established no requirement to prove prior use of a vehicle on a road if it were stopped on a road. Example: Peterson rides his scrambler motorcycle on a road to the local mines one Saturday to practice. There is evidence available to take to a court that he is using a MV on a road or public place. R v McClean essentially means that any use on the road means it is to be treated as a MV – establishing a pattern or regularity is not required. OFFICIAL [SENSITIVE] Page 8 Public Place The Harrison v Hill (1932) case is the basic guide by which cases involving access are assessed. If a certain class of people only are permitted it is private but if a certain class only are excluded then it is public. There are many stated cases involving garage forecourts, lanes to farmhouses and roads through caravan sites. Whether they are roads under the Order depends on the evidence to the court, however, a public road is always a road and naming that road in your statement is sufficient. Vehicle in Dangerous Condition ‘A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on the road when: the condition of the vehicle or trailer, or its accessories or equipment; or the purpose for which it is used; or the number of passengers carried by it, or the manner in which they are carried; or the weight, position or distribution of its load, or the manner in which it is secured; is such that the use of the motor vehicle or trailer involves danger of injury to any person including the offender. Article 54 Road Traffic (NI) Order 1995 Use The offence of ‘using’ a vehicle is said to be an ‘absolute offence’. This means that you only have to prove that the person used the vehicle on a road and that it did not comply with the regulations. It does not matter that the person did not know or had taken every reasonable step to ensure the vehicle was kept in good condition. The circumstances of the case can act as mitigation and result in a reduced penalty, but cannot be a defence. The driver of a motor vehicle will always be the ‘user’ as would a person who has left the vehicle parked on the road. The general rule is that the person will ‘have the vehicle available for use’. OFFICIAL [SENSITIVE] Page 9 Other people with a close association with the driver or the vehicle may also commit the offence of ‘using’ the motor vehicle if it contravenes these regulations. Example: Bradford is a builder and owns a van driven by his employee Jamison. This van has a defective tyre. Jamison is driving the van in the course of her normal work. Both Jamison and Bradford are using the vehicle with a defective tyre. Example: However, if Jamison used the vehicle to take her family out for the weekend, Bradford would not be using the vehicle but he could be ‘permitting’ the use. If Bradford did not permit the use under these circumstances then there could be further offences. ‘Using’ is applicable to the driver, persons present controlling the driver, employers while the defendant is on the employer’s business and persons in a joint enterprise. A person who hires out a vehicle to another is not the ‘user’ while the vehicle is being hired. That person could however ‘permit’ an offence (see below). Where an offence of ‘causing’ or ‘permitting’ is appropriate, the offence of ‘using’ should not be used. If, having questioned the driver or other party to an offence, you are unsure which offence to proceed with you may report the person for ‘using, causing or permitting’ and seek advice from your supervisor. Cause This is not an absolute offence. You will need to prove the defendant had the authority to ‘cause’ the use of the vehicle, and that they: knew the vehicle was being used on a road or public place; and were aware, or should have been aware, of the facts of the offence; and authorised or ordered another person to use the vehicle. To ‘cause’, a person must either know or deliberately choose not to know what it is the principal offender is doing or failing to do. The knowledge (or deliberate ignoring) of the facts is the only guilty knowledge required, there need be no intention to offend. OFFICIAL [SENSITIVE] Page 10 Permit The offence of ‘permitting’ is committed if a person gives another person permission to use a vehicle and it can be shown that the person permitting was aware or should have been aware of the facts of the offence committed in relation to the use of the vehicle. The person giving the permission must be the owner of the vehicle or the person who has control of the vehicle. A test of this authority is to consider whether the person is in a position to forbid the use of the vehicle? In the absence of actual knowledge of the offence the defendant must ‘shut his eyes to the obvious or allow his servant to do something in the circumstances where a contravention is likely, not caring whether a contravention takes place or not.’ Example: Bradford fails to take steps to prevent offences by not having vehicles serviced properly. This may be sufficient to prove the necessary knowledge. Condition This applies not only to the vehicle / trailer but also to its equipment and accessories. This offence is very broad in scope and can cover anything from a loose driver’s seat, which might cause the driver to lose control, to a jagged edge of a damaged wing, which might injure a passer-by. Purpose This covers any use of the vehicle which results in danger of injury when it is used in a way and for a purpose for which it is not suited, such as a motor car towing another vehicle on a short tow rope at 70 mph. Passengers This deals with the number of passengers and the manner in which any passengers are carried. For example too many passengers, thus affecting the driver’s ability to control the vehicle, or a car passenger surfing on the roof of a moving vehicle. Load This covers everything about the load weight, position, distribution and method of securing it. The load might be so heavy that the vehicle’s brakes are not able to stop it properly. It might OFFICIAL [SENSITIVE] Page 11 be in such a position that part of the load is sticking out at the side. It might be distributed in such a way that all the weight is on one side and the vehicle is in danger of tipping over or might not be secured properly on the vehicle and be in danger of falling off. Danger of Injury Actual danger to a specific individual need not be proved. There must however be an actual danger of injury rather than a possible danger. ‘Danger’ is not defined, but the courts are likely to be objective, so that if a ‘competent and careful motorist’ (this is an objective test taken by the courts depending on the facts of the case) would have appreciated there was a danger, the offence is complete. A similar offence exists under Regulation 115 Motor Vehicles (Construction & Use) Regulations (NI) 1999. However it differs from Article 54 in the following ways: 1. There is only the necessity to show ‘cause or likely to cause’ a danger. 2. In relation to loads ‘likely to cause a nuisance’ (this covers dirt, papers etc. blowing off a skip lorry). Because the offence does not involve danger (Art 54) but a ‘likely to cause’ the penalty for breach of Regulation 115 (prosecuted under Article 58 R.T. (NI) Order 1995) is less than a breach of Article 54. Adults & Seat Belts The basic rules for adults are that persons driving or riding a motor vehicle on a road are required to wear a seat belt. Article 23 R.T. (NI) Order 1995 23.—(1) The Department may make regulations requiring, subject to such exceptions as may be prescribed, persons who are driving or riding in motor vehicles on a road to wear seat belts of such description as may be prescribed. shall include exceptions for— I. the driver of, or a passenger in, a motor vehicle constructed or adapted for carrying goods, while on a journey which does not exceed the prescribed distance and which is undertaken for the purpose of delivering or collecting anything, OFFICIAL [SENSITIVE] Page 12  II. the drivers of vehicles while performing a manoeuvre which includes reversing; III. any person holding a valid certificate signed by a medical practitioner to the effect that it is inadvisable on medical grounds for him to wear a seat belt; Some vehicles are not required by law to have seat belts fitted, but if they are fitted and available for use they must be worn. The term ‘if available’ is a matter of common sense but, if charged with such an offence, it is for the defence to prove unavailability or exemption. Passengers aged 14 or over not wearing seat belts are responsible for themselves. The driver does not commit an offence when a passenger aged 14 or over is not wearing a seat belt. Exemptions  The driver or passenger in a motor vehicle constructed for carrying goods, while on a journey which does not exceed 50 metres and which is undertaken for the purpose of delivering or collecting anything (multi-drop deliveries).  Persons reversing or supervising provisional licence holder whilst reversing.  A member of the police service whether on or off-duty.  A member of the regular armed forces of the Crown whether on or off duty.  A prison officer on or off-duty.  A person driving or riding in a vehicle whilst it is being used for the purposes of carrying a person in lawful custody.  Taxi drivers while plying for hire, answering call for hire or carrying a passenger.  The driver of a private or public hire taxi while carrying passenger for hire.  Persons in vehicle being used for fire brigade purposes.  Persons on Crown processions.  Persons holding an exemption medical certificate provided it is produced at the time or within seven days.  During a driving test if wearing the belt would be dangerous.  Vehicle driven under a trade licence for the purpose of investigating or remedying mechanical fault.  Where the seat belt is an inertia type which is locked as a result of being, or having been, on a steep incline. The law requires that drivers and passengers aged 14 and over in cars, vans and other OFFICIAL [SENSITIVE] Page 13 commercial vehicles must wear a seatbelt, if available. As a driver you are responsible for ensuring that anyone under the age of 14 wears a seat belt or uses an appropriate child restraint as required by law. Failure to do so will result in the driver being guilty of an offence. The term ‘if available’ is a matter of common sense but, if charged with such an offence, it is for the defence to prove unavailability or exemption. It should be noted that front seat belts were compulsory equipment on all new cars registered in the UK from 1968, with rear seat belts becoming compulsory equipment from 1986. Children & Seat Belts On the introduction of the Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulation (Northern Ireland) 2007 seat belts are to be worn, where fitted, in buses and coaches by passengers aged 3 years and above. The regulations also requires child restraints rather than adult seat belts to be worn in cars and goods vehicles by children up to age 12 or 135cms in height. Tyres All tyres fitted to vehicles used on a road must be so maintained that they are free from defect and fit for the use to which they are being put. A motor vehicle or trailer shall not be used on a road if any of the following apply to a pneumatic tyre fitted to that vehicle or trailer: The tyre:  Is unsuitable having regard to the use of the vehicle or trailer, or the types of tyres fitted to its other wheels.  Was not so inflated as to make it fit for the use to which the motor vehicle or trailer is being put.  Has a cut in excess of 25mm or 10% of the section width of the tyre, whichever is the greater and deep enough to reach the ply or cord, or has a lump/bulge/tear caused by the separation or partial structural failure.  Has a portion of the ply or the cord exposed.  Has the base groove (which showed the original tread pattern) no longer clearly visible. OFFICIAL [SENSITIVE] Page 14  Is not maintained in such a condition as to be fit for the use to which the vehicle or trailer is being put or has a defect which might in any way cause damage to the surface of the road or damage to any persons on or in the vehicle or using the road. These regulations apply to all vehicles however the tread depth varies according to the type of vehicle being used. Light trailers (under 750kgs) and vehicles within category ‘B’ of a driving licence all require the grooves of a tread pattern to be at least 1.6 mm deep throughout the continuous band situated in the central three-quarters of the breadth of the tread, around the entire outer circumference. Category ‘A’ ’C’ and ‘D’ classed vehicles require the base of the original tread to be visible and have at least 1 mm of tread pattern throughout the continuous band situated in the central three-quarters of the breadth of the tread, and around the entire outer circumference. Mopeds are only required to have the original tread pattern visible. Lights on Vehicles The requirements of the law for lamps on vehicles to be lit whilst in use after dark seem obvious. However, during periods of reduced visibility virtually all vehicles driven on a road are required to display lights, whether in daylight or darkness. Lighting-up Time This is the period of time during which vehicles must display certain types of lights while on a road. There are two periods you need to be aware off: Lighting up times - the period between sunset and sunrise. Hours of darkness - the time between half an hour after sunset and half an hour before sunrise. Front and rear position lamps (‘sidelights’) are required to be lit from sunset to sunrise and headlights during the hours of darkness. OFFICIAL [SENSITIVE] Page 15 When you submit a file in respect of contravention of the lighting regulations, you must always include the ‘lighting-up time’ as part of your evidence. You will usually find the information on PoInt in the Roads Policing Knowledge pages or in the daily paper. Example - Sunset is at 2300hrs and sunrise is at 0600hrs. This is lighting up time. Hours of darkness would then be 2330hrs until 0530hrs. Seriously Reduced Visibility This has not been defined and seems to be essentially a question of fact. Examples will be fog, heavy rain or spray, snow, dense cloud or badly overcast weather. It is not restricted to poor weather conditions and might include a poorly illuminated tunnel or a smoke cloud. Obligatory Lamps/Reflectors Obligatory lamps and reflectors are those which a particular class of vehicle is required to have fitted by law and include the below. Strict detailed specifications are given as to their position/performance/use. Optional Lamps Optional lamps and reflectors are those which a particular class of vehicle is not required to have fitted by law, but which can be fitted providing they comply with given specifications as to their position, performance and use. These lamps and reflectors include: Reversing lights Additional headlamps (spots) Additional brake lights OFFICIAL [SENSITIVE] Page 16  Front fog lights All sorts of lamps and reflectors can be added to a vehicle, but they must comply with the given specifications. Maintenance ‘A person shall not use, or cause or permit to be used on a road a vehicle unless every lamp, reflector, rear marking and device to which this paragraph applies is in good working order and in the case of a lamp, clean.’ Examples include: Registration lamp Headlamp Brake lights Indicators Hazard warning lamps Rear fog lamps, except if towing a trailer Sidelights and Hours of Darkness No person shall a. use, or cause or permit to be used, on a road any vehicle which is in motion: between sunset and sunrise, or in seriously reduced visibility between sun rise and sunset, or b. allow to remain at rest, or cause or permit to remain at rest, on a road any vehicle between sunset and sunrise, unless every front position lamp, rear position lamp, rear registration plate lamp, side marker lamp and end outline marker lamp with which the vehicle is required by these regulations to be fitted is kept lit and unobscured. Regulation 27, Road Vehicles Lighting Regulations (NI) 2000 Headlamps and Hours of Darkness A person shall not use, cause or permit to be used, on a road a vehicle which is fitted with obligatory dipped-beam headlamps unless every such lamp is kept lit: OFFICIAL [SENSITIVE] Page 17  during the hours of darkness; in seriously reduced visibility (fog, heavy rain/snow). Regulation 28, Road Vehicles Lighting Regulations (NI) 2000 Exemptions The above regulation does not apply to a vehicle which is: being drawn by another vehicle; propelling a snow plough; parked. Headlamps must NOT be: used so as to cause undue dazzle or discomfort to other road users; used so as to be lit when a vehicle is parked. Position Lamps There must be two of these lamps fitted front and rear, commonly called ‘sidelights’. The front lamp must show a white light and the rear lamp a red light. In the case of a front lamp which is incorporated in a yellow headlamp, a yellow light may be shown. Exemptions A solo motor bicycle (i.e. a motor bicycle without a side car). Cycle being pushed along the left-hand edge of the carriageway. It is a pedal cycle waiting to proceed, provided it is kept on the left hand or the nearside edge of the carriageway. Stop Lamps Most motor vehicles must carry two stop lamps often referred to as brake lights. However invalid carriages and motor cycles (with or without side-car) need only one stop lamp. OFFICIAL [SENSITIVE] Page 18 Direction Indicators Most modern vehicles are required to be fitted with front and rear direction indicators. Registration Plate Lamps Every motor vehicle required to carry a rear registration plate (except a works truck) is also required to be fitted with a rear registration plate lamp or lamps, to be capable of adequately illuminating the registration plate during sunset to sunrise. Hazard Warning Lights This is a device which causes all the direction indicator lamps to flash on and off simultaneously. It may be used only: while stationary, to warn other road users of a temporary obstruction to summon assistance to a bus (public service vehicle) on a motorway or unrestricted dual carriageway to warn following drivers of the need to slow down due to temporary obstruction ahead. Front and Rear Fog Lamps Must: only be lit in conditions of seriously reduced visibility not be used so as to cause undue dazzle or discomfort to the driver of a following vehicle not be lit when parked, unless an emergency vehicle A rear fog lamp must show a bright red light to the rear. Front fog lamps must only show a white or yellow light. Reversing Lamps A maximum of two lamps may be fitted and they must show a white light. The lamp(s) must be installed so that they can only be switched on: automatically, by selection of reverse gear, or by a switch which shows a ‘tell-tale’ light to the driver when they are in use. Lights on Cycles Cycles are only required to be fitted with obligatory lamps and reflectors during the hours of darkness. These lamps and reflectors are: OFFICIAL [SENSITIVE] Page 19  one front lamp (white light only); one rear position lamp (red light only); one rear reflector (red only). Audible Warning Instruments A motor vehicle which has a maximum speed of more than 20mph shall be fitted with a horn, not being a reversing alarm or a two-tone horn. This does not apply to an agricultural vehicle, unless it is being driven at more than 20 mph. A ‘horn’ means an instrument, not being a bell, gong or siren, capable of giving audible and sufficient warning of the approach or position of the vehicle to which it is fitted. Regulation 44, Motor Vehicle (Construction & Use) Regulations (NI) 1999 Use of the Horn A person shall not sound or cause or permit to be sounded a horn, gong, bell or siren fitted to or carried on a vehicle which is: stationary on a road, at any time, other than at times of danger due to another moving vehicle on or near the road, or in motion on a ‘restricted road’ between the hours of 2330 hours and 0700 hours. Regulation 114, Motor Vehicle (Construction & Use) Regulations (NI) 1999 A ‘restricted road’ is a road which has a system of street lighting with lamps not more than 185m apart or has been designated by the Department to be a restricted road. Mirrors Mirrors must be fitted to vehicles to aid the driver’s view to the rear. The number and position of mirrors varies according to the type of vehicle. Vehicles first used on or after 1st June 1978 are required to have at least one adjustable mirror: fitted externally on the offside of the vehicle and fitted internally, with protected edges. OFFICIAL [SENSITIVE] Page 20 Windscreen Washers and Wipers One or more automatic windscreen wipers are required to be fitted to all vehicles with a windscreen, so that the driver has an adequate view of the road in front on both sides of the vehicle and to the front of the vehicle. There are three offences: failure to maintain windscreen wiper or washer; windscreen wiper not fitted to motor vehicle; windscreen washer not fitted to motor vehicle. Speedometer A motor vehicle shall be fitted with a speedometer which, if the vehicle is first used on or after 1st April 1984, shall be capable of indicating speed in both miles per hour and kilometres per hour, either simultaneously or, by the operation of a switch. This does not apply to the following: invalid carriages first used before 1984; motorcycles first used before 1st April 1984 the engine of which has a cylinder capacity not exceeding 100 cc; works trucks, provided in each case first used before 1st April 1984; agricultural vehicles which are not driven at more than 20 mph; vehicles having a maximum speed not exceeding 25mph; vehicles first used before 1st October 1937; vehicles fitted with an approved alternative system; vehicle’s which it is at all times unlawful to drive at more than 25mph; Motor Vehicle (Construction & Use) Regulation 40 (NI) 1999 Defence when the defect occurred in the course of the journey being undertaken, or steps have been taken to have the instrument, repaired or replaced as soon as possible. OFFICIAL [SENSITIVE] Page 21  Fuel Tank Every fuel tank fitted to a wheeled vehicle: shall be constructed and maintained so that the leakage of any liquid or vapour from the tank is adequately prevented; if it contains petroleum spirit and is on a vehicle first used on or after 1 July 1973, shall be made of metal and fixed in a position and be maintained so as to be reasonably secure from damage. Motor Vehicle Construction & Use Regulation 46 (NI) 1999 Therefore a driver who puts a rag into the filler hole of a fuel tank would not prevent the vapour from escaping and so commits the offence. Tow Ropes Where a trailer is attached to the vehicle immediately in front of it solely by means of a rope or chain, the distance between the trailer and that vehicle shall not in any case exceed 4.5 metres and shall not exceed 1.5 metres unless the rope or chain is made clearly visible to any other person using the road within a reasonable distance from either side. Motor Vehicle (Construction & Use) Regulation 98 (NI) 1999 Noise A motor vehicle shall not be used in such a manner as to cause excessive noise which could have been avoided by the exercise of reasonable care on the part of the driver. Motor Vehicle Construction & Use Regulation 112 (NI) 1999 Reversing A person shall not drive, or cause or permit to be driven, a motor vehicle backwards on a road further than may be requisite for the safety or reasonable convenience of the occupants of the vehicle or other traffic, unless it is a road roller or is engaged in the construction, maintenance or repair of the road. Motor Vehicle (Construction & Use) Regulation 122 (NI) 1999 OFFICIAL [SENSITIVE] Page 22 Leaving Motor Vehicles A person shall not leave, or cause or permit to be left, on a road a motor vehicle which is not attended by a person licensed to drive it unless the engine is stopped and any parking brake with which the vehicle is required to be equipped is effectively set. The stopping of the engine shall not apply to a vehicle: a. being used for ambulance, fire brigade or police purposes; or b. in such a position and condition as not to be likely to endanger persons or property and engaged in an operation which requires its engine to be used. Regulation 123 Motor Vehicle (Construction & Use) Regulations (NI) 1999 Vehicle Defect Rectification Scheme (VDRS) The detailed inspection of vehicles has always been carried out within the Police Service of Northern Ireland by trained authorised officers or, in appropriate circumstances, by other agencies with particular expertise. Once attested officers are authorised to issue VDRS 55/10 in accordance with Article 75 of the Road Traffic (NI) Order 1995. VDRS Offences Applicable 1. Driver unable to have a full view of the road. 2. Defective light(s). 3. No windscreen wipers. 4. Defective windscreen wipers. 5. Defective seatbelts. 6. Excessive smoke. 7. No horn. 8. No windscreen washers. 9. No driver’s seatbelt fitted. 10. Defective side protective guard. 11. Dangerous mascot on motor vehicle. 12. No spray suppression device. 13. Defective exhaust and silencer system. 14. Defective tyre - general. OFFICIAL [SENSITIVE] Page 23 Defective number plates cannot be dealt with via the VDRS scheme. Legislation Article 75 of the Road Traffic (NI) Order 1995 is the legal provision for the testing of the condition of vehicles on roads; on completion of this module you will be authorised under this legislation. On detecting an offence listed, an authorised examiner may: 1. Advise and warn. 2. Issue a fixed penalty notice. 3. Report for prosecution. In addition to any of the above, the authorised examiner should serve on the owner of the vehicle a notice VDRS 1 (form 55/10) in writing, requiring him / her to present the vehicle at a specified place within 14 days of the service of the notice or within such longer period as any authorised examiner may, on application of the owner of the vehicle, specify in writing, for further test. ‘If a person obstructs an authorised examiner acting under this Article, or fails to comply with a requirement of Article 75 Road Traffic (NI) Order 1995, he is guilty of an offence.’ Vehicles Prohibited from Continuing If the defect is such that the detecting officer feels that the vehicle should be prohibited from continuing, then a specially trained Roads Policing Officer should be summoned to issue a form T6/1 which will prohibit the vehicle from moving (unless on a recovery vehicle) until the defect(s) are rectified. Issuing of VDRS1 (form 55/10) default is to issue via mobile device. Vehicles to be produced for Inspection 1. On production of a vehicle for inspection the defect(s) should be examined to ensure compliance. If the vehicle is in order the white form should be completed and returned to the issuing officer without delay. 2. If the defect(s) has not been rectified satisfactorily the issuing officer should, if possible, be contacted for advice on how the matter is to be dealt with. If the issuing officer is not available, then the receiving officer should either: OFFICIAL [SENSITIVE] Page 24  a. Interview the person under caution, complete and forward a statement of evidence to the issuing officer; or b. Depending upon the reasonableness and proportionality of the explanation for non-compliance, authorise a further 7 or 14 days for the production of the vehicle with the defect(s) rectified. The issuing officer must also be informed accordingly. 3. If a vehicle is not produced within 14 days from the date of service of the notice on the owner, and no extension has been granted after a request, in writing, then an offence has been committed under Article 75(10) of the Road Traffic (NI) Order 1995. Examples: Use, Cause & Permit Rick is employed as a driver by Royal Mail. He is responsible for the vehicle at all times when away from the home depot. The vehicle he is driving is one of three on hire for one week from Enterprise, owned by Ben. Rick has been stopped by police whilst driving the lorry, which has a defective tyre and is overloaded. Who would be responsible for ‘using’ the vehicle with a defective tyre? a. Rick, Royal Mail and Ben. b. Rick only. c. Rick and Royal Mail only. d. Royal Mail and Ben only. The correct answer is C. Explanation: Generally, offences of ‘using’ are offences of strict liability, or absolute liability, as it is sometimes known. This means that no intention has to be proved. The facts alone are sufficient for the offence to be made out. Rick, the driver, clearly ‘uses’ the vehicle. He drives it for Royal Mail as part of their business, so they ‘use’ it too. Ben, the owner of Enterprise, does not use the vehicle because it was not in the course of his trade or business. If the vehicle was in that condition when he hired out the vehicle to Royal Mail he may be guilty of permitting. (He would not come into the frame for ‘using’ while overloaded, because the vehicle was not overloaded when he hired it out). OFFICIAL [SENSITIVE] Page 25 Use Cause & Permit With regard to the following sets of circumstances, which, if either, would be correct in relation to the offence of ‘use, cause or permit’? a. Paul loans his car to John. John places a large sofa on the roof, hoping that the weight of the sofa will keep it in place. John then drives Paul’s car on a road. b. George runs a small delivery firm where he employs Richard to drive for him. Richard drives one of the firm’s vehicles, unaware that it has a defective tyre. A. Paul is guilty of ‘permitting’. B. George and Richard are guilty of ‘using’ and Paul is guilty of ‘permitting’. C. Paul is guilty of ‘using’ and George and Richard are guilty of ‘permitting’. D. Both George and Richard are guilty of ‘using’. The correct answer is D. Explanation: In relation to scenario A, the general situation is that some form of mens rea is required for Paul’s guilt. Paul does not have the full knowledge of the true circumstances, so he is neither using, causing nor permitting. John is certainly guilty of ‘using’ when he drives the vehicle, of course. In scenario B, both George and Richard are guilty of ‘using’, you have to remember that ‘use’ creates an absolute offence, and so George, in employing Richard to drive, ‘uses’ the vehicle while Richard is driving in connection with George’s business. Richard himself, of course, also ‘uses’ when he drives the vehicle. As for the tyre, Richard should have checked that before driving the vehicle. OFFICIAL [SENSITIVE] Page 26