Common Road Policing Offences Part 1 PDF

OFFICIAL Unit 9 Lesson 7.1...

OFFICIAL Unit 9 Lesson 7.1 Common Road Policing Offences Part 1 Lesson Aim: The learner will be able to explain legislation covering common road policing offences Learning Outcomes: Introduction On successful completion of the lesson, There are a number of road policing offences students will be able to:- that you are likely to encounter and deal with at an early stage of your service. This lesson 1. State the offence in relation to note covers some of these offences. “obstruction” (pg. 2) A Road for the purposes of the offences 2. State the offence in relation to “dangerous covered in this note is covered by Lesson 1, parking” (pg. 2) Introduction to Road Policing. 3. Outline a Constable’s power to remove “offending vehicles” (pg. 3-4) 4. State the offences and exemptions in relation to the wearing of seat belts (pg. 4-8) 5. Outline the offences relating to the wearing of protective headgear and state the exemption (pg. 8) 6. Identify the offence of “driving elsewhere other than a road” (pg. 9) 7. State the regulation regarding use of a mobile telephone in a vehicle (pg. 9-11) 1 th Amended 5 March 2024 v.5 OFFICIAL  OFFICIAL Unit 9 Lesson 7.1 Common Road Policing Offences Part 1 Obstruction Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986 creates an offence for:- any person in charge of a motor vehicle or trailer to cause or permit it to stand on a road so as to cause any unnecessary obstruction of the road In practice an obstruction should take place, not just the likelihood of one. It would be hard to justify charging a motorist who had positioned a vehicle at a location that would obstruct a Passenger Carrying Vehicle (bus) or an HGV unless such a vehicle had actually been obstructed. Dangerous Parking Section 22 of the Road Traffic Act 1988 creates an offence for:- Any person in charge of a vehicle, or a trailer drawn by it:- to remain at rest on a road in such a position or condition or in such circumstances as to involve danger of injury to other persons using the road Some examples could include parking on pavements, double parking, parking on blind corners and at road junctions. You may find it difficult to decide if the parking constitutes obstruction, danger or both. Alternative charges may be used depending on local procedures. 2 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.1 Common Road Policing Offences Part 1 Where Do These Offences Differ? Whilst the former relates to causing an obstruction and the latter to causing a danger, they also differ significantly insofar as Regulation 103 relates to motor vehicles and trailers whereas Section 22 relates to vehicles and trailers. Section 22 is not limited to vehicles which are mechanically propelled and includes machines or implements which are drawn or propelled along roads, e.g. motor vehicles, horse drawn vehicles, pedestrian controlled vehicles, etc. Problem Solving PS If road policing problems are occurring at the same time and place most days, what can you do to resolve them? It may mean discussion with your supervisor or a partnership approach with other agencies such as Local Authority Roads Department to look at the causes of the problem. Remember it is you who may be best placed to suggest or recommend a solution to the problem. Education and enforcement are both important aspects of road safety. A media campaign to educate the public is useful before an enforcement campaign begins. Police Power to Remove Offending Vehicles You may recall from the lesson on Miscellaneous Antisocial Offences in the General Police Duties Unit that the Police have the power to effect the removal of vehicles in certain circumstances. This power comes from either Regulation 3 or Regulation 4 of the Removal and Disposal of Vehicles Regulations 1986, depending on the circumstances. The relevant part of this legislation relating to obstruction and dangerous parking is the power to require the owner, driver, or other person in charge of a vehicle or trailer to move it or cause it to be moved as soon as soon as practicable. If necessary, a Constable may move the vehicle or arrange for it to be moved. 3 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.1 Common Road Policing Offences Part 1 These powers are available to a Constable in a range of situations and are particularly relevant when:- 1. a vehicle has broken down; or 2. been permitted to remain at rest on a road:- in such a position, condition or in such circumstances as to cause obstruction to people using the road or as to be likely to cause danger to such people; or in contravention of a prohibition or restriction Seat Belts The legislation governing the wearing of seat belts is contained in:- 1. The Road Traffic Act 1988 2. The Motor Vehicles (Wearing of Seat Belts) Regulations 1993 3. The Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993 Sections 14 (Adults) and 15 (Children) of the Road Traffic Act 1988 These sections create the offences of failing to wear a seat belt for adults and children and further provides the Secretary of State the opportunity to make regulations concerning the wearing of seat belts hence the second and third pieces of legislation above. The regulations lay down requirements in respect of the wearing of seat belts. Should a person fail to comply with the requirements, they commit an offence contrary to section 14, or 15 Road Traffic Act 1988. Adults Regulation 5 of the Motor Vehicles (Wearing of Seat Belt) Regulations 1993 require that; Every person driving a motor vehicle (other than a 2 wheeled motor cycle with or without side car) riding in the front or rear seat of a motor vehicle (other than 2 wheeled motor cycle as above) shall wear an adult seat belt 4 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.1 Common Road Policing Offences Part 1 Note:- For the purpose of this legislation, a person aged 14 years and above is regarded as an adult. Exemptions include:- 1. The holder of a medical certificate showing a doctor’s endorsement that the wearing of a seat belt would be detrimental to the wearer’s health 2. The driver of, or a passenger in, a motor vehicle constructed or adapted 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 3. A driver performing a manoeuvre which includes reversing 4. A qualified driver supervising a provisional licence holder performing a manoeuvre which includes reversing 5. A person conducting a driving test when wearing a seat belt would endanger him or her or any other person 6. A person driving or riding in a vehicle while it is being used for fire brigade or police purposes 7. The driver of a licensed taxi while it is being used as such and a driver of a private hire vehicle while carrying passengers for hire 8. A person riding in a vehicle used under a trade licence to investigate or remedy a mechanical fault. Note:- The requirement to wear a seat belt does not apply to drivers or to people riding in the front or rear if no adult belt is available to them. Very few vehicles may be lawfully used on roads without having seat belts fitted. The fitting of front seat belts in cars has been compulsory since 1967 (VRM ABC123E) and rear belts since 1987 (VRM D123ABC). 5 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.1 Common Road Policing Offences Part 1 The following mnemonic may assist you to learn the adult exemptions:- L plates Emergency vehicles (police and fire) Taxis (licensed) Steering backwards (reversing) Belts not available Show medical exemption certificate A journey of no more than 50 metres (delivery/collection) Fault, mechanical testing Endangerment to person conducting driving test Children in Rear Seats of a Vehicle Every child being carried in the rear seats of a vehicle is required to wear a rear seat belt. Additionally, a small child must also wear a restraint marked as appropriate for their height and weight e.g. a booster or child seat. Note:- For the purposes of this legislation, a "small child" is a child under 12 years of age and under 135cms in height. Exemptions:- 1. A licensed taxi or hire car where the rear seats are separated by a fixed partition 2. A child who holds a suitable medical certificate 3. A child under one year who is in a properly restrained carry cot 4. When a small child is prevented from wearing a seat belt or restraint due to the presence of two other children in child restraints 5. When no seat belt is fitted in the rear of the vehicle and there is no seat belt available in the front of the vehicle, i.e. it is not fitted or being used by an adult. 6 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.1 Common Road Policing Offences Part 1 Children in Front Seats Every child being carried in the front seats of a vehicle is required to wear a front seat belt. Additionally, it is unlawful to drive a vehicle with a “small child’ in the front unless they are wearing an appropriate restraint. If the vehicle is not required to have a seat belt fitted to the front, the child must be carried in the rear. An appropriate child restraint is a baby carrier, seat, harness or booster seat appropriate to the child’s weight. For rear facing child restraints, the airbag must be deactivated. Exemption:- 1. A child for whom there is a suitable medical certificate Offences A person must not, without reasonable excuse, drive a motor vehicle on a road where:- 1. a child under 14 years of age is in the front, unless the child is wearing a seat belt or appropriate child restraint in conformity with the regulations. 2. a child under 14 years of age is in the rear, unless the child is wearing a seat belt or appropriate child restraint in conformity with the regulations, if a rear seat belt is fitted in the motor vehicle. For offences in relation to seat belts you should charge the person not wearing the seat belt, unless the person is a child under 14 years of age, when the driver should be charged. 7 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.1 Common Road Policing Offences Part 1 Summary The table below simplifies the legislation showing which belts must be worn and by whom. Front seat Rear Seat Whose Responsible Driver YES N/A Driver Child under 3 Appropriate Appropriate Driver years of age child restraint child restraint must be worn must be worn Small child Appropriate Appropriate Driver (under 12 years child restraint child restraint and under must be worn. must be worn 135cms) Child (12 or 13 YES YES Driver or 135cm or over) Passengers 14 YES YES Passenger years and over Motor Cycles and Protective Headgear Section 16 of the Road Traffic Act 1988 creates an offence for a person to drive or ride (other than in a sidecar) on a motor cycle on a road without wearing protective headgear. Exemption:- 1. Any follower of the Sikh religion while they are wearing a turban. 8 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.1 Common Road Policing Offences Part 1 Driving Elsewhere Other Than a Road Section 34 of the Road Traffic Act 1988 creates an offence for any person, without lawful authority, to drive a mechanically propelled vehicle:- On to or upon any common land of any description which does not form part of a road or on any footpath or bridle way. Note:- No offence is committed in circumstances where the vehicle is driven; no more than 15 yards from the road and only to park the vehicle; or off the road in cases of emergency, saving life or extinguishing fire. This particular offence is becoming common with people who can have relatively easy access to motorcycles and motor cars which are used on waste land, farm land or within public parks. Mobile Telephones Road Vehicles (Construction and Use) Regulations 1986 Regulation 110(1) (Amended by the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022) This creates an offence for any person to drive a motor vehicle on a road if he/she is using:- A hand-held mobile telephone; or A hand-held device, other than a two-way radio which is capable of transmitting and receiving data, whether or not those capabilities are enabled. The rules will apply when the vehicle is stopped at a red light or in traffic. Regulation 110(2) creates an offence for any person to cause or permit any other person to do so. Regulation 110(3) creates an offence for any person to supervise a holder of a provisional licence at a time when the provisional licence 9 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.1 Common Road Policing Offences Part 1 holder is driving a motor vehicle on a road, if the person supervising is doing so. Exemptions:- A person does not contravene a provision of this regulation if, at the time of the alleged contravention; they are using the telephone or other device to call the police, fire, ambulance or other emergency service on 112 or 999; they are acting in response to a genuine emergency; and it is unsafe or impracticable for them to cease driving in order to make the call (or in the case of an alleged contravention by a person supervising a provisional licence holder, for the driver to cease driving while the call was being made). Or that person is using the mobile telephone or other device to make a contactless payment for a good or service which is received at the same time as, or after, the contactless payment is made; and the motor vehicle is stationary. Note:- The amended regulations provide an explanation of "using". “using” includes the following— illuminating the screen checking the time checking notifications unlocking the device making, receiving, or rejecting a telephone or internet based call sending, receiving or uploading oral or written content sending, receiving or uploading a photo or video utilising camera, video, or sound recording functionality drafting any text accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages accessing an application accessing the internet. 10 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.1 Common Road Policing Offences Part 1 For clarity the amended legislation provides explanation of the terms contactless payment and application; Contactless payment means a payment made at a contactless payment terminal using the contactless payment facility of a card, mobile telephone or other device. An application means a software programme that runs through a web browser or offline on a mobile telephone or other device. Note:- A further exemption is in place for the use of applications used to perform a remote-controlled parking function of the motor vehicle. Regulation 109 states:- No person shall drive, or cause or permit to be driven, a motor vehicle on a road, if the driver is in such a position as to be able to see, whether directly or by reflection, a television receiving apparatus or other cinematographic apparatus used to display anything other than information:- about the state of the vehicle or its equipment; about the location of the vehicle and the road on which it is located; to assist the driver to see the road adjacent to the vehicle; or to assist the driver to reach his destination. Note:- An example of this may be use of video calling, even if the smart device is not being physically held. 11 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.1 Common Road Policing Offences Part 1 For further information, use the resources shown below:- www.childcarseats.org.uk Review: You can state the offence in relation to “obstruction” You can state the offence in relation to “dangerous parking” You can outline a Constable’s power to remove “offending vehicles” You can state the offences and exemptions in relation to the wearing of seat belts You can outline the offences relating to the wearing of protective headgear and state the exemption You can identify the offence of “driving elsewhere other than a road” You can state the regulation regarding use of a mobile telephone in a vehicle 12 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.1 Common Road Policing Offences Part 1 Learning Log: How will what you have learned in this lesson impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this lesson? End of Module 13 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.1 Common Road Policing Offences Part 1 14 Road Policing OFFICIAL