09-07.2 Common Road Policing Offences Part 2_f9fe85ed593e10acb5620a45b2abb787.pdf

OFFICIAL Unit 9 Lesson 7.2 Common Road...

OFFICIAL Unit 9 Lesson 7.2 Common Road Policing Offences Part 2 Lesson Aim: The learner will be able to explain legislation covering common road policing offences Learning Outcomes: Introduction On successful completion of the lesson, The Road Vehicles (Construction and Use) students will be able to:- Regulations 1986 have been made under the authority of the Road Traffic Act. Their 1. Explain your police powers in relation to purpose is to ensure that vehicle designers examining motor vehicles on a road (pg. 2-3) and manufacturers design and construct vehicles intended for road use to a safe 2. Identify common offences with regard to standard and that vehicle owners and users tyres (pg. 4-5) maintain their vehicles appropriately. The Road Vehicles Lighting Regulations 1989 3. State the offences regarding exhaust govern the fitting, maintenance and use of silencers (pg. 5) lights on vehicles. 4. State the offences in respect of warning instruments, washers and wipers (pg. 6-7) 5. State the more common lighting offences in relation to the use of lights (pg. 8-10) 6. State the statutory defence available in relation to the maintenance of lights etc. (pg. 8) 1 th Amended 5 March 2024 v.4 OFFICIAL  OFFICIAL Unit 9 Lesson 7.2 Common Road Policing Offences Part 2 Examining a Motor Vehicle on a Road Police officers may have cause to examine vehicles used on a road, this may be as part of a Road Policing Campaign (Winter Safety) or whilst on routine duties such as observing a vehicle that has an apparent defect regarding its roadworthiness and conducting a vehicle stop. The level of this inspection available to officers would match if not slightly exceed that of a standard road user in that officers should be able to clearly identify safety issues with vehicles being driven on a road. These checks could include tyres, lighting, excessively loud exhaust(silencers),washers / wipers and overall vehicle appearance and condition including anything being in, on or by the vehicle (dangerous bodywork, dangerous loading of trailer or roof racks etc.) These checks are also apparent in issuing Conditional Offers, ASB warnings and the Vehicle Defect Rectification Scheme (VDRS) which will all be covered during the Road Policing Unit. If an officer is unsure of a vehicle roadworthiness, they should contact Road Policing for assistance. These units should always be consulted if a vehicle exceeds 3500kg or a more detailed inspection is required of the vehicle or in the event of a serious Road Traffic Collision where officer’s may decide to have the vehicle taken to a contracted garage for a detailed examination by an authorised examiner as this may require additional training to conduct such an inspection. Examples:- Where serious or fatal injury is caused Where there is an allegation or other suspicion that a vehicle defect may have contributed to the collision Where evidence becomes available that a defect may have been a factor in the collision after the vehicles have been removed from the locus To check the condition of the steering and brakes are safely operating 2 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.2 Common Road Traffic Offences Part 2 It has been held that the Police should, if possible, give the vehicle owner the opportunity to be present during the examination. Obviously where the owner is present they can be shown any defects in an open and forthright manner. Common Law powers give officer’s the authority to seize the vehicle as a production to carry out this examination. Section 67 of the Road Traffic Act 1988 gives the power to an authorised examiner to examine a vehicle in order to ascertain whether the vehicle complies with:- The construction and use requirements The requirement that the vehicle’s condition would not cause danger or injury to any person Note:- All Police Scotland officers are authorised under this section. There is no requirement to produce authorisation (unlike other authorised examiners). In such circumstances only a constable in uniform is authorised to stop vehicles on a road. “Other authorised examiners”:- A vehicle examiner who is authorised in writing by the Secretary of State through the Department of Transport; (Such as a MOT Tester) or A vehicle examiner appointed by the Scottish Police Authority Regulation 74 of the Road Vehicles (Construction and Use) Regulations 1986 gives you limited statutory power to examine a vehicle on premises within 48 hours of the collision. Whilst you do not require the vehicle owner’s permission to conduct such an examination you must have the consent of the owner of the premises before you enter and carry out the examination. 3 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.2 Common Road Policing Offences Part 2 Defective Tyres Under Regulation 27 of the Road Vehicles (Construction and Use) Regulations 1986, a person commits an offence if they use, or cause or permit to be used, a motor vehicle or trailer on a road if any of the pneumatic tyres fitted to the vehicle have any of the following defects:- The tyre is unsuitable for the use to which the vehicle is being put The tyre is not so inflated that it is unsuitable for the vehicle's use (either under or over- inflated) The tyre has a cut deep enough to reach the ply or cord, which is in excess of 25mm or 10% of the width of the tyre (whichever is the greater) The tyre has a lump, bulge or tear caused by separation or partial failure of its structure The tyre has any portion of the ply or cord exposed Tyre Tread Depth In addition to these regulations, motor cars, light trailers and goods vehicles not exceeding 3.5 tonnes must have a minimum tread depth of 1.6mm throughout a continuous band in the central ¾ of the breadth of the tread and round the entire outer circumference of the tyre. 4 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.2 Common Road Traffic Offences Part 2 Vehicles which do not fall into the category of vehicles described above must have tyres which have all the tread pattern clearly visible and have a minimum tread depth of 1mm throughout a continuous band which is at least 3/4 the breadth of the tread and round the entire circumference of the tyre. Note:- Some caution should be given to modern sports motorcycle tyres which may appear not to feature a continuous band of tread over the entire width of the tyre, even when new, albeit the tyres are "type approved" (legal). In cases of doubt a specialist officer may be asked to examine the tyre. Silencers/Exhaust Systems The Road Vehicles (Construction and Use) Regulations 1986 stipulate that there must be a silencer (exhaust) fitted to all motor vehicles used on the roads to deaden the noise vehicles produce and reduce harmful emissions. The most common evidence of a faulty silencer or exhaust is loud noise coming from the exhaust, especially when the vehicle is accelerating. Regulation 54 of the Road Vehicles (Construction and Use) Regulations 1986 creates an offence to use or cause or permit the use of any vehicle propelled by an internal combustion engine on a road if:- The exhaust gases from the engine pass into the atmosphere before first passing through the required silencer, or The silencer and exhaust system are not maintained in good and efficient working order, or The silencer has been altered in a way that increases the noise made by the escaping exhaust gases. Despite the fact that it is an offence to make a vehicle exhaust create more noise some people will modify a previously legal exhaust system to increase it sound. In practice it is difficult to enforce this legislation without the assistance from the Vehicle Inspectorate who can measure the decibel level of an exhaust using special equipment in controlled conditions. Depending on how the vehicle is being used (e.g. in a careless or inconsiderate manner), a loud exhaust could be dealt with using ASBO legislation. 5 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.2 Common Road Policing Offences Part 2 Warning Instruments, Windscreen Wipers and Washers All motor vehicles must be fitted with a warning instrument (horn) capable of giving audible and sufficient warning of its approach and position. Only emergency vehicles may be fitted with a gong, bell, siren or two-tone warning horn. Regulation 99 of the of the Road Vehicles (Construction and Use) Regulations 1986. States it is an offence for any person to cause or permit the warning instrument of a vehicle to be sounded if:- The vehicle is stationary on a road (unless there is danger due to another moving vehicle) The vehicle is on a restricted road (built-up area) between the hours of 2330 hours and 0700 hours The instrument consists of a bell, two-tone horn or siren as used by the emergency services None of the above provisions prevent the use of warning instruments in the following circumstances:- Use in an emergency Use by the emergency services Use as an anti-theft device Use by bus drivers or inspectors to summon help Regulation 34 of the Road Vehicles (Construction and Use) Regulations 1986 states that every vehicle fitted with a windscreen must be fitted with:- one or more efficient windscreen wipers, capable of cleaning the windscreen to enable the driver to see clearly to the front, nearside and offside of the vehicle. This regulation also provides that every such vehicle must be fitted with a windscreen washer, which in conjunction with the wipers is capable of clearing the windscreen of mud or similar deposits. 6 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.2 Common Road Traffic Offences Part 2 The following classes of vehicles are exempt from requiring windscreen washers:- An agricultural motor vehicle (other than a vehicle first used on or after 1st June 1986 which is driven at more than 20 mph. A track-laying vehicle Vehicles incapable of exceeding 20mph A vehicle being used to provide a local service, as defined in the Transport Act 1985 Vehicle Lighting The Road Vehicles Lighting Regulations 1989 govern the wide and complex subject of lights on vehicles. The following section of the lesson note summarises the more important aspects of lighting on vehicles highlighting the common offences which you will encounter during your patrol. Before we look at the legislation it is important that you know some of the general terms which are used when dealing with lighting offences:- Daytime Hours This is defined as the time between half an hour before sunrise and half an hour after sunset. Hours of Darkness The time between half an hour after sunset and half an hour before sunrise. Front/Rear Position Lamp (Sidelights) A lamp used to indicate the presence and width of a vehicle when viewed from the front/rear. Headlamp A lamp used to illuminate the road in front of a vehicle and which is not a fog lamp. (Spot lights would be included in the term "headlamp"). Fog Lamp A lamp used to render a vehicle more readily visible from the front/rear in conditions of reduced visibility. Stop Lamp A lamp used to indicate to road users that the brakes of a vehicle are being applied. 7 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.2 Common Road Policing Offences Part 2 Vehicle A vehicle of any description and includes a machine or implement of any kind, drawn or propelled along roads, whether by hand, horse or mechanical power. Lighting Offences Maintenance Regulation 23 of the Road Vehicles Lighting Regulations 1989 creates an offence for any person to use, or cause or permit the use of any vehicle on a road unless all lamps and reflectors which are required to be fitted are kept clean and in good working order. The Vehicle Defect Rectification Scheme, described in the lesson note on Conditional Offers, may be used in relation to Regulation 23 offences. Statutory Defence in Relation to Maintenance of Lights No offence is committed if the accused can prove that either:- the defect occurred during that particular journey, or that the accused had already taken reasonable steps to have the fault rectified (e.g. parts needed for the repair were on order etc.). Use of Position Lamps Regulation 11 of the Road Vehicles Lighting Regulations 1989 creates an offence for any person to use, or cause or permit the use of a vehicle on a road if the vehicle shows a red light to the front or a white light to the rear. Exceptions to this rule include common sense examples such as:- White light from reversing lights White light from the registration plate lamp Light from the interior lamp Lights on vehicles used by the emergency services 8 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.2 Common Road Traffic Offences Part 2 Use of Headlamps Regulation 25 of the Road Vehicles Lighting Regulations 1989 creates an offence for any person to use or cause or permit to be used, a vehicle in motion on a road during the hours of darkness or in seriously reduced visibility, without headlamps being lit. Headlamps are not required to be lit if the vehicle is being used on a restricted road, i.e. a road which has a system of street lamps not more than 185 metres apart. An example of a restricted road is a road in a built up area which is subject to a 30mph speed limit. Causing Dazzle Regulation 27 of the Road Vehicles Lighting Regulations 1989 creates an offence for any person to use or cause or permit to be used, a vehicle on a road with headlamps, front fog lamps, or rear fog lamps which cause undue dazzle or discomfort to other road users. Such lamps may not be used when the vehicle is parked. It is an offence to use front/rear fog lamps unless in conditions of seriously reduced visibility. Hazard Warning Lights Hazard warning lights should not be used other than for normal usage i.e. to make other road users aware of an obstruction. Apart from normal usage, the operation of hazard warning lights on a bus or coach has a special significance to the police in that it could signify that the driver requires assistance. Parking After Dark Regulation 101 of the Road Vehicles (Construction & Use) Regulations 1986 creates an offence for any person to cause or permit any motor vehicle to stand on a road between sunset and sunrise unless the nearside of the vehicle is parked close to the kerb. Note:- This stipulation relates to how the vehicle is parked. How the parked vehicle is lit is governed by Regulation 24 of the Road Vehicle Lighting Regulations 1989. 9 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.2 Common Road Policing Offences Part 2 Regulation 24 of the Road Vehicles Lighting Regulations 1989 creates an offence for any person to use, or cause or permit to be used, a vehicle in motion on a road or to remain at rest, i.e. "park", on a road between sunset and sunrise or in seriously reduced visibility, if the front and rear position lamps and rear registration plate lamp are not kept lit. The need to light a "parked vehicle" is removed if the road is subject to a speed limit of 30 mph or less. Exceptions:- No offence is committed when a vehicle is parked on the wrong side of the road after dark when:- permission is given by a police officer in uniform the vehicle is used by any emergency service the vehicle is used in connection with building, road or vehicle maintenance the vehicle is in a one way street the vehicle is being used as a taxi or bus Health and Safety HS When examining vehicles on the roadside extreme care must be taken to ensure the locus is as safe as possible to protect the officers and members of the public in the vicinity of the vehicle. Please consider the suggested locus protection methods discussed during the Police Action at the Scene of a Road Traffic Collision lesson as a guide on how to best protect the scene. 10 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.2 Common Road Traffic Offences Part 2 For further information, use the resources shown below:- Legal Database:- Road Traffic Law - Road Traffic Act 1988 - Legislation - Part I & Part VII Open Distance Learning - Road Crashes - Practical Considerations Review: You can explain your police powers in relation to examining motor vehicles on a road You can identify common offences with regard to tyres You can state the offences regarding exhaust silencers You can state the offences in respect of warning instruments, washers and wipers You can state the more common lighting offences in relation to the use of lights You can state the statutory defence available in relation to the maintenance of lights etc. 11 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 7.2 Common Road Policing Offences Part 2 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 12 Road Policing OFFICIAL