Police Scotland Probationer Training Programme - Road Policing PDF

OFFICIAL Unit 9 Lesson 1...

OFFICIAL Unit 9 Lesson 1 Introduction to Road Policing Lesson Aim: The learner will be able to describe Road Traffic related terminology Learning Outcomes: Introduction On successful completion of the lesson, students will be able to:- One of Police Scotland's Operational Priorities includes 'Road Safety and Road 1. Define ‘road’ as per relevant legislation Crime'. Police Scotland remains committed to (pg.2) reducing road casualties, in collaboration with our partners, to meet the Scottish Government’s road casualty reduction 2. Differentiate between a Mechanically targets. Propelled Vehicle and a Motor Vehicle (pg. 3- 4) The Scottish Government’s Road Safety Framework to 2030 five strategic outcomes which Police Scotland aims to support:- 3. Define the concept of driving as defined Safe Road Use in legislation (pg. 6) Safe Vehicles Safe Speeds Safe Roads and Roadsides Post-crash Response The information gathered at road traffic incidents or whilst dealing with road traffic offences will be recorded and analysed to assist in trying to solve problems in the long term. Officers will also deal with road policing within their community, addressing concerns of a more local nature, for instance parking issues near to schools. 1 st Amended 1 March 2024 v.6 OFFICIAL  OFFICIAL Unit 9 Lesson 1 Introduction to Road Policing Legislation There are many different statutes which deal with traffic law in the UK. The following Acts and Regulations deal with the most commonly encountered road-policing offences:- 1. Road Traffic Act 1988 This Act deals with most offences relating to the driving behaviour of motorists, such as careless driving, failing to stop at a red light, and having no insurance, to name a few. 2. Vehicle Excise and Registration Act 1994 This Act deals with the system operated in this country whereby most motor vehicles registered have to display registration marks and owners have to pay for a vehicle excise licence, subject to emissions. 3. Road Vehicles (Construction and Use) Regulations 1986 These regulations detail the roadworthiness requirements of motor vehicles used on the road. 1. 4. Road Traffic Offenders Act 1988 An Act to consolidate certain enactments relating to the prosecution and punishment (including the punishment without conviction) of road traffic offences Common Terminology Road There is a specific definition of a road, which applies to the Road Traffic Act 1988. This is:- any way (other than a waterway) over which there is public right of passage (by whatever means) and whether subject to a toll or not and includes, the road’s verges and any bridges (whether permanent or temporary) over which, or tunnel through which, the road passes and any reference to a road includes parts thereof. 2 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 1 Introduction to Road Policing Public Road Given there are both private and public roads in this country the Vehicle Excise and Registration Act, 1994 makes a distinct difference to the term “road”. A public road under this act is defined as:- “A road which a roads authority has a duty to maintain.” A roads authority is either the local authority or, in the case of a trunk road, central government. Under the Act, all motorists must pay Vehicle Excise Duty (VED) before they can use a motor vehicle on a public road. Activity 1 A1 Consider examples of private roads that are used regularly by the public Differentiate Between a Mechanically Propelled Vehicle and a Motor Vehicle It is important that officers have a good understanding of the terms ‘Mechanically Propelled Vehicle’ and ‘Motor Vehicle’ as both terms are used within road traffic legislation and are able to differentiate between them. Mechanically Propelled Vehicle (MPV) There is no exact definition for a mechanically propelled vehicle so officers are guided by previous stated cases. Mechanically propelled includes propulsion by internal combustion engine, steam or electricity. A vehicle will remain mechanically propelled providing motive power can readily be applied or re-applied. It has been held that the following examples are classed as MPVs:- a motor car with no engine but where the possibility exists that the engine may soon be replaced. broken down vehicle which may be repaired. a towed vehicle which could not be driven. 3 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 1 Introduction to Road Policing Other examples to consider include stock cars, grass-cutting vehicles and go-karts. Motor Vehicle A motor vehicle includes cars, vans, motor cycles, buses and lorries and is defined as follows:- “A mechanically propelled vehicle intended or adapted for use on the roads.” A motor vehicle must have some form of engine for it to be mechanically propelled. The most common types of engine are petrol, diesel, gas and electrically driven. Intended for Use on a Road In a straightforward sense this refers to cars, vans and lorries which are specifically intended, or designed, by the manufacturers to be used on a road. Subsequently Adapted This would refer to say, an off road trials motorcycle or rally car which was not originally intended by the manufacturer for use on roads but which an individual modifies by adding indicators, mirrors, etc. to enable it to be registered for use on roads. Note:- All motor vehicles are mechanically propelled vehicles (MPVs) but not all MPVs are motor vehicles. A mechanically propelled vehicle being an implement for cutting grass which is controlled by a pedestrian and is not capable of being used or adapted for use on a road. This is not classified as a motor vehicle 4 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 1 Introduction to Road Policing Feedback 1 F1 There are many examples that could have been used, for example supermarket car parks. For example:- When you travelled to the College you used roads to get here. These roads are all maintained by the local roads authority and any road policing offences/Vehicle Excise and Registration offences could be dealt with by you. When you turned into the driveway leading to the College grounds, that road and the road that runs around the College is not maintained by the local authority but by the Scottish Police Authority, so it is a private road. You could still deal with most road policing offences which occurred on this road but you could not deal with some Vehicle Excise offences. Other examples of this can be private roads, supermarket car parks or Port Authorities where the roads are maintained at the expense of the relevant Port Authority. Developments Recently, there has been an increase in the use of vehicles such as ‘mini moto’s’, ‘quad bikes’ and ‘e- scooters’. They are all MPV’s as they have some form of mechanical propulsion, however are they Motor Vehicles? The answer to this is yes. Even though the manufacturer:- has not intended that they be used on roads and they have not been adapted for use on roads they have been held to be motor vehicles and as such they are subject to the requirements of being insured, driver/rider having an appropriate licence etc. The courts have deemed, through Case Law, that they are Motor Vehicles. 5 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 1 Introduction to Road Policing Case Law The accused was charged with driving a motor vehicle (in this case a mini moto) whilst being disqualified from doing so. It was held on appeal that this mini moto was indeed a motor vehicle. (PF Dunfermline v McHale 2005) It was held that a ‘go-ped’ which had been driven through a red light was also a ‘motor vehicle’ (DPP v Saddington 2000). Note:- The general rule that these cases considered was that if a ‘reasonable person’ looking at these vehicles considered that one of their uses in their current state was for use on a road then they were indeed motor vehicles. If you have any doubts regarding the foregoing please seek advice from a supervisory officer or contact your Road Policing Department. As can be seen from the stated cases, classification may have to be decided in court. Driving A person is held to be “driving” when they have control of the speed and direction of the vehicle. The following are all examples of driving:- Driving in the normal sense of the word. Being towed by another vehicle when the person in the towed vehicle has control of the steering and braking. This would not apply to a rigid tow. Pushing a car and jumping in as it gathers speed even although the engine is inoperative. 6 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 1 Introduction to Road Policing Activity 2 A2 Look at the definitions below and fill in the missing spaces. 1. A person is held to be driving when they have control of the ________________ and ______________________ of the vehicle. 2. A motor vehicle means a vehicle intended or _________ _________ for use on a _________. 3. A road means __________ (other than a waterway) over which there is a ____________________ (by whatever means) and whether subject to a ___________ and includes the road’s ___________ and any bridges (whether permanent or _________) over which or tunnel through which the road passes and any reference to a ________ includes parts thereof. 4. A public road is a road which a______________ have a duty to _________. Feedback 2 F2 There is no feedback for this activity. Refer to your lesson notes. 7 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 1 Introduction to Road Policing For further information, use the resources shown below:- Legal Database:- Road Traffic Law - Definitions Review: You can define ‘road’ as per relevant legislation You can differentiate between a Mechanically Propelled Vehicle and a Motor Vehicle You can define the concept driving as defined in legislation You can “second learning outcome”. Learning Log: You can “third learning outcome”. How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 8 Road Policing OFFICIAL