Roads Policing General Traffic Offences PDF

Police College RP15 Roads Policing RP14 General Traffic Offences Introduction You have so far covered a range of offences within Roads Policing however there are a lot more than we cover in these not...

Police College RP15 Roads Policing RP14 General Traffic Offences Introduction You have so far covered a range of offences within Roads Policing however there are a lot more than we cover in these notes. In this section, we will look at additional offences which may help you fulfil your obligations for keeping people safe on the roads. The first part of this section deals with motorcycles and pedal cycles. These are most often used by young people who, by very reason of their youth, tend to take risks, not always seeing the danger. The second part of this section examines the restrictions on parking and your powers to ensure that traffic is able to move as freely as possible. Most of the offences contained in this section can be dealt with by way of issuing a fixed penalty notice or reporting for summons. However, when dealing with minor infringements, especially those committed by juveniles in relation to pedal cycles, you should consider using your discretion. Motorcycle Passengers ‘Not more than one person, in addition to the driver, may be carried on a motor bicycle.’ Art 34 (1) R.T. (NI) Order 1995 The passenger must sit astride the machine on a proper seat securely fixed to the machine, behind the driver’s seat. Offences ‘If a person is carried on a motor bicycle in contravention of this article, the driver of the motorcycle is guilty of an offence’ Art 34 (3) R.T. (NI) Order 1995 Only the driver of the motorbike can be guilty of this offence. Protective Headgear Persons driving or riding (other than in sidecars) on motor cycles or other motor vehicles of OFFICIAL [SENSITIVE] Page 121  Police College RP15 any class or description specified in the regulations, shall wear protective headgear. Article 27 (1) R.T. (NI) Order 1995 Exceptions: Passengers in sidecar. When a motorcycle (or other motor vehicle) is being propelled by a person on foot. A follower of the Sikh religion while he is wearing a turban. Who is responsible? Where a person riding on a motorcycle (or other motor vehicle) without a helmet is 16 years or over, that person is responsible for their own offence. If the driver has a passenger who is 16 years or over without a helmet, the passenger themselves are responsible for their own offence. If the driver has a passenger who is under 16 years without a helmet, the passenger is responsible for their offence and the driver may be responsible for aiding and abetting the passenger. Example: Two 17 year olds are riding on a motorcycle and neither of them is wearing a crash helmet they can each be prosecuted for the offence. Example: The rider is 17 years old and the other is 15 years of age. The older person may be prosecuted for aiding and abetting the younger as well as failure to wear a helmet. The younger would only commit the offence in respect of themselves. Cycle Passengers ‘Not more than one person may be carried on a road on a bicycle not propelled by mechanical power unless it is constructed or adapted for the carriage of more than one person.’ Art 35 (1) R.T. (NI) Order 1995 The usual type of additional seat on a pedal cycle is where provision has been made for a child to be carried. In this article reference to a person carried on a bicycle includes reference to a person riding the bicycle. OFFICIAL [SENSITIVE] Page 122  Police College RP15 Offence If a person is carried on a bicycle in contravention of paragraph (1), each of the persons carried is guilty of an offence. Art 35 (3) R.T. (NI) Order 1995 All persons on the cycle commit the same offence even the person on the proper seat. Causing Danger to Road Users ‘A person is guilty of an offence if he intentionally, and without lawful authority or reasonable cause: causes anything to be on or over a road, or interferes with a motor vehicle, trailer or cycle, or interferes (directly or indirectly) with traffic equipment in such circumstances that it would be obvious to a reasonable person that to do so would be dangerous. Article 33(1) R.T.(NI) Order 1995 Dangerous refers to: ‘danger either of injury to any person while on or near a road, or of serious damage to property on or near a road.’ When determining what ‘would be obvious to a reasonable person in a particular case’ then regard shall be had; ‘not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.’ Article 33(2) R.T.(NI) Order 1995 Traffic equipment has a wide meaning but this does include ‘any fence, barrier or light’ lawfully placed on or near a road by Police. Provided the requisite danger is present, this could cover anything from mud, oil, nails, a rope, or a tree. The nature of the item is irrelevant so long as a reasonable person would perceive an obvious danger. The removal of a single warning lamp from a site, where several lamps were present, might not lead a reasonable person to believe that danger would result. However, if A removes one lamp, then B, C and D each remove further lamps, the element of danger increases as OFFICIAL [SENSITIVE] Page 123  Police College RP15 each lamp is removed. If those involved are aware of each other’s actions they could all be prosecuted. Road For the purposes of causing a danger to road users, a ‘road’ does not include a footpath, public path or other public right of way. Article 33(5) R.T.(NI) Order 1995 Leaving Vehicles in a Dangerous Position ‘If a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road: in such a position, or in such a condition, or in such circumstances as to involve danger of injury to other persons using the road, he is guilty of an offence.’ Article 32 R.T.(NI) Order 1995. The offence goes beyond the basic offence of vehicle obstruction, as there must be a ‘danger of injury’. Therefore you have to prove that the accused was the person in charge of the vehicle who caused or permitted it to remain at rest and that it either was in such: a position, or condition, or circumstances as likely to cause danger to other persons using the road. Sketch A sketch is required for prosecution files involving vehicles in dangerous positions and OFFICIAL [SENSITIVE] Page 124  Police College RP15 obstruction. Power of Constable to Require Removal of Vehicle The vehicles that you can require to be removed are those that have: Broken down, or been permitted to remain at rest, on a road in such a position or in such condition or in such circumstances as to cause obstruction to persons using the road or as to be likely to cause danger to such persons; or Been permitted to remain at rest or has broken down and remained at rest on a road in contravention of any statutory prohibition or restriction. Article 47(1) R.T. Reg. (NI) Order 1997 A constable may require the owner, driver or other person in control or in charge of any vehicle (to which paragraph (1) applies) to remove the vehicle as soon as practicable to another position on that or another road or to a place which is not on a road. Article 47(2) R.T. Reg. (NI) Order 1997 And vehicle means; “Vehicle” means any vehicle whether or not it is in a fit state for use on a road, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, any such vehicle.’ Article 47(4) R.T. Reg. (NI) Order 1997 Power of Constable to Remove Vehicles A constable may remove a vehicle (covered in Art 47 above) to another position on that or another road or to a place which is not on a road. Article 48(2) R.T. Reg. (NI) Order 1997 Offence A person who intentionally obstructs or impedes or assists another to obstruct the removal of a vehicle (as per Art 47 and 48 above) is guilty of an offence. Article 50 R.T. Reg. (NI) Order 1997 OFFICIAL [SENSITIVE] Page 125  Police College RP15 Example: Motorcycle headgear You are on duty in Larne and you are called by Constable McFall who wants some advice in dealing with SINGH, a Sikh, aged 15 years, who is pushing his brother’s motor cycle along the pavement. He is not wearing a turban or any form of protective headgear and has not got any with him. The officer asks you if he should report SINGH for not wearing protective headgear. What do you tell him? a. No, because the offence does not apply to a person pushing the machine even though he has control of the brakes and steering. b. Yes, because he would be deemed to be driving/riding the machine. c. No, because he is a follower of the Sikh religion. d. No, because the offence only applies to people aged 16 or over. The correct answer is A: Explanation: If you are not sitting astride the motorcycle then you are not deemed to be riding it. OFFICIAL [SENSITIVE] Page 126