Roads Policing Driving Documents PDF

Roads Policing RP04 Driving Documents Introduction Your daily duties will frequently involve motor vehicles and drivers, whether concerned with crime, motoring offences or road traffic collisions. Examination of documents can often lead to the detection of both traffic related and n...

Roads Policing RP04 Driving Documents Introduction Your daily duties will frequently involve motor vehicles and drivers, whether concerned with crime, motoring offences or road traffic collisions. Examination of documents can often lead to the detection of both traffic related and non-traffic related offences. This topic will introduce you to Art 180 Road Traffic (NI) Order 1981 and the procedures regarding police powers available to demand documents from motorists and to equip you with the knowledge to examine these documents and deal with no insurance and other driving offences. Driver “Where a separate person acts as a steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle.’ Art 2(2) Road Traffic (NI) Order 1995 ‘..in its simplest meaning we think that it refers to a person using the driver’s control for the purposes of directing the movement of the vehicle. It matters not that the vehicle is not moving under its own power or driven by the force of gravity, or even that it is being pushed by other well-wishers. The essence of driving is the use of the driver’s controls in order to direct the movement, however that movement was produced.’ Lord Widgery 1980 Consideration should also be given to the fact that two people may be driving the same vehicle e.g. the supervisor of a learner in a dual controlled vehicle. OFFICIAL [SENSITIVE] Page 31  The passenger leaned across the driver and had both hands on the steering wheel; the ignition and handbrake were within reach. The companion, who had no control of the Driving licence steering and whose view was obstructed, was controlling the propulsion. Both were held to be driving.’ Tyler v Whatmore 1976 Definition It is an offence for a person to drive on a road a motor vehicle of any class otherwise in accordance with a licence authorising him to drive a motor vehicle of that class. Article 3 Road Traffic (NI) Order 1981 Points to prove Drives a motor vehicle. On a road. Without driver licence or provisional licence for that vehicle. The form of licence will usually be one of the following: Provisional licence: This is issued to a learner so that a driver can attain the level of competence required to pass a driving test. Full licence temporary restricted: For 12 months from the date of passing a driving test the driver will be restricted to 45 mph and must display ‘R’ plates. Full substantive licence: 12 months from passing driving test for that class of vehicle the restriction is lifted. OFFICIAL [SENSITIVE] Page 32 Full substantive licence used as a provisional: Full licences can have provisional entitlement for other classes e.g. LGV’s and motorcycles. Other kinds of driving licence Convention driving permit: Issued outside the UK and headed ‘International driving permit’. Domestic driving permit: A driving licence of another country (other than EC) may be used while a person is temporarily in this country as a visitor for a period up to 12 months and subject to conditions contained in the licence. Exchange licence: Issued to citizens of the EC who become normally resident in the UK without the necessity for them to undergo a driving test. British Forces driving licence: Granted in the Federal Republic of Germany by the British authorities to members of the British Forces or to the civilian components of those forces or their dependants. Community licence: A community licence is a licence issued by the states within the European Economic Area (EEA) other than the UK, which authorises the holder to drive a motor vehicle. Provisional driving licence A provisional driving licence is required by persons who are learning to drive motor vehicles on a road. Normally, for car drivers, the earliest date their provisional licence can become valid is their 17th birthday. However he/she can apply for the licence up to two months before their 17th birthday. A person driving on a road under a provisional licence must: not exceed 45 mph. not drive on a motorway. not carry a passenger on a solo motorcycle. not tow a trailer, except an unladen trailer towed by an agricultural tractor. display ‘L’ plates on the front and rear of the vehicle, regardless of the class of vehicle. OFFICIAL [SENSITIVE] Page 33  only ride a solo motorcycle that is:  electrically powered, or  does not exceed 125 cc. Be supervised by a qualified driver except when the: person is riding a motorcycle, whether or not a sidecar is attached. vehicles which are only constructed or adapted to carry the driver (e.g. small agricultural tractor). driver is actually on test. If the motorcycle has a sidecar the provisional licence holder can carry a passenger who does not have to be a qualified driver. Size of L & R plates Any vehicle driven by a learner driver must display red L plates. In Wales you can use either red D plates, red L plates, or both. The L plates must be clearly visible to others from:  in front of the vehicle  behind the vehicle You should remove or cover L plates when the vehicle isn’t being driven by a learner, unless it’s a driving school car. By law, the L plates must be: a red letter on a white background, the size shown in the diagram. The corners of the background can be rounded off, but the minimum spacing must remain. OFFICIAL [SENSITIVE] Page 34 Qualified driver A person of at least 21 years of age who has held a full licence for that class of vehicle for a minimum of three years can act as a supervisor for a learner and is known as a qualified driver. Mopeds and tractors To ride a moped, a young person can take a theory test when they are 16, but again he/she must make sure they have a valid provisional licence. If they are 16 and already have a provisional licence for an agricultural vehicle or a moped, this will include provisional entitlement to drive a car but it only comes into effect when he/she is 17. Driving tests When the full test (theory and practical) procedure is successfully completed a candidate is issued with a licence and the conditions for a provisional licence holder no longer apply. The person cannot however act as a supervisor of a learner driver until a full licence has been held for at least three years and they are 21 or over. A person who has passed the driving test since November 1998 is subject to a probationary period of two years from the date that the person first passes a driving test. The effect of the probationary period is that if the person commits an offence that results in the total number of penalty points endorsed on the licence being six or more, their full driving licence is revoked. The person has to reapply for a provisional licence and reverts to the OFFICIAL [SENSITIVE] Page 35 status of a learner driver. Further theory and practical driving tests have to be taken. A person can only be subject to one period of probation. Where a person, for example, passes a test to drive a motorcycle and three years later passes a test to drive a car there would be no probationary period following the second test. Example: 1st March 2020 - Fergal passes his full driving test. As of this date, he is a newly qualified driver, will commence a probationary period (usually 2 years) and is required to display ‘R’ plates for 1 year. 1st April 2020 - he receives 6 points for No insurance. His licence is revoked for 3 months and fined. 1st August 2020 - reapplies for his driving licence. He is now a provisional licence holder and is required to re-sit his driving test. 1st September 2020 – successfully re-sits the test. He now has to display R plates for 11 months (this is because he already did 1 month of R driving prior to being disqualified). He is no longer in a probationary period as a driver is only subjected to one probationary period. 1st August 2021 – he is no longer required to display ‘R’ plates. 2nd August 2021 – Fergal can have up to 11 points. Remember he still has 6 active points on his licence. All drivers are only subjected to 1 probation period but all drivers must display R plates for 12 months. Driving whilst disqualified The law in relation to driving whilst disqualified is contained within the Road Traffic (NI) Order 1995. Certain minimum periods of disqualification are laid down in legislation to deal with road traffic offences such as drink driving and failing to stop or report a road traffic collision involving death or injury. OFFICIAL [SENSITIVE] Page 36 There are certain offences for which the defendant must be disqualified and other offences that the defendant may be disqualified. The main ways in which a person may be disqualified:  Through the totting up of penalty points, namely 12 in a three year period; 6 points for newly qualified drivers.  Discretionary disqualification for certain offences that the court may impose but not for an indefinite period, e.g. failing to stop after a collision.  Minimum periods of disqualification for certain offences such as drink driving. Upon conviction at a court the defendant will surrender their licence and the disqualification will be effective immediately. A Certificate of Conviction will be issued by the court, signed by the magistrate and held at that court. The defendant cannot drive from that point onward even if they didn’t bring their licence to the court. If they lodge an appeal they may drive during the period prior to the appeal being heard. If you require a Certificate of Conviction to prove an offence of driving whilst disqualified you must apply to the Court through your authorities. This normally consists of ringing the respective court and collecting the certificate, giving it an exhibit number and exhibiting it on your file. Legislation The main pieces of legislation to be considered are:  Article 17(1) Road Traffic (NI) Order 1981. This relates to disqualification by virtue of age for that class of vehicle.  Article 37 RT (NI) order 2007 amends Article 16A RT (NI) order 1981. This prohibits a person from driving, applying or obtaining a driving licence while disqualified. OFFICIAL [SENSITIVE] Page 37 Investigation of this offence One of the difficulties when prosecuting these offences has been that the defendant claimed at court that the person who was disqualified was not actually them but someone using their name. In these cases the prosecution was unable to present evidence to the contrary. There are steps, which can be taken in order that this problem can be overcome at the detection stage. It is important to note that a Certificate of Conviction is not absolute in proving to a court that a person charged with driving whilst disqualified is the same person who was actually disqualified. The offence of driving whilst disqualified is one of strict liability and there is no need to show that the driver knew of the disqualification. You must prove that the person driving the motor vehicle was in fact disqualified. This can be evidenced by: Obtaining the Certificate of Conviction. Evidence of someone who was at court when the defendant was disqualified. Admission of the defendant when interviewed for the offence. This interview must be carried out in accordance with PACE and the Codes of Practice. It is good practice to ask the following questions and put these into the main body of your statement, especially if the defendant has been interviewed at the scene. Were you disqualified from driving on (date) at (Magistrates Court)? (You can obtain the details of the date and relevant court via a person check). How long are you disqualified for? When were you disqualified? Until when? Were you present for the disqualification? When does your disqualification end? An admission along with the Certificate of Conviction is normally good enough for a successful prosecution. OFFICIAL [SENSITIVE] Page 38 Examples: Driving In which, if any, of the following cases could the person named be classed as the ‘driver’ of the vehicle concerned? a) Colin, whilst driving on the motorway, has to wait in a queue of traffic caused by a collision ahead. He switched off the engine and waits in the driver’s seat for 5 minutes, before being able to get under way again. b) Charlie’s car runs out of petrol. He sits behind the wheel and lets it freewheel downhill, steering and braking where necessary until he reaches a nearby garage. A. Both Colin and Charlie B. Charlie only C. Colin only D. Neither Charlie or Colin The correct answer is A. Explanation: Colin is still classed as driving until the journey has completed or he has handed the keys to the vehicle to someone else. As Charlie is seated in the vehicle it is still classed as driving as he was directing its movement. Driving a. Will, for a joke, decides to move his friend’s car from in front of his friend’s house by pushing it round the corner. He does this by steering it with the driver’s door open so that he can reach the handbrake to stop the vehicle. b. Fergal’s motorcycle has run out of petrol. He is sitting astride the machine and is being towed by his friend, who is also on a motorcycle. Which, if any, of them would be held to be driving? a) Fergal only b) Both Fergal and Will c) Will only d) Neither Fergal nor Will The correct answer is A. Will is not driving because although he has use of the controls (steering and braking) he is a OFFICIAL [SENSITIVE] Page 39 pedestrian and is not being carried by the vehicle. Fergal is driving because the vehicle, while being ‘powered’ (towed) by another vehicle, he is being carried by the motorcycle, steering it, and has full use of its controls. Disqualified Driving Constable Black sees Robert in a local council multi-storey car park sitting in his car. Constable Black knows that Robert is disqualified from driving. Robert starts the car and puts it into gear, thereby attempting to drive, but then sees the officer and switches the engine off. Which of the following statements, if any, will be correct in relation to these circumstances? a) Robert is about to commit an indictable offence so can be arrested b) Constable Black may arrest Robert if the conditions for the necessity criteria of arrest apply c) Constable Black can only report Robert for summons d) Robert cannot be arrested for driving whilst disqualified The correct answer is D. Explanation: Cutter V Eagle Star and Clarke v Kato dealt with roads and car parks. Car parks could not be regarded as integral parts of the carriageway. Therefore where Robert is parked is not a road and driving whilst disqualified can only occur on a road. Road and Public Place Which if any of the following are classified as roads? a) A cul-de-sac to which the public have access. b) A pay and display car park maintained by the local authority which has one point for both entry and exit. A. Both can be defined as a road. B. Only a Pay and Display car park maintained by the local authority which has one point for both entry and exit can be defined as a road, C. Only the cul-de-sac to which the public have access can be defined as a road. D. Neither can be defined as a road. The correct answer is C. OFFICIAL [SENSITIVE] Page 40 Explanation: The definition of a road is ‘a highway or any other road to which the public has access and includes bridges over which a road passes.’ The Oxford dictionary defines a road as ‘an ordinary line of communication between different places used by horses, travellers on foot, or vehicles.’ The car park example cannot be a road as it is not an ordinary line of communication but the cul-de-sac will be as the public have access to it. OFFICIAL [SENSITIVE] Page 41