Roads Policing 3.24 PDF

Version: 3.24 1 Roads Policing Index RP01 Introduction to Roads Policing 3 RP02 Construction and Use 6 RP03 Points Duty 28 RP04 Driving Documents...

Version: 3.24 1 Roads Policing Index RP01 Introduction to Roads Policing 3 RP02 Construction and Use 6 RP03 Points Duty 28 RP04 Driving Documents 31 RP05 Insurance and Vehicle Seizure 43 RP06 Test Certificates 53 RP07 Production of Driving Documents 56 RP08 Demanding Information 60 RP09 Careless and Inconsiderate Driving 63 RP10 Road Traffic Collision and Collision Investigation 74 RP11 Sketches 92 RP12 Excess Alcohol/Unfit Driving Offences 97 RP13 Fixed Penalty Tickets 113 RP14 General Traffic Offences 121 RP15 Vehicle Crime 128 RP16 Pursuit 144 RP17 Registration plates 148 RP18 Explanation of Terms and Stated Cases 152 2 Roads Policing RP01 Introduction to Roads Policing As police officers we have a responsibility to enforce road traffic laws in order to bring offenders to justice and improve driving standards. Your focus will be to proactively educate and enforce, focussing on the ‘fatal 5’ offences. excessive speed; drink and drug driving; non-wearing of seatbelts; Careless Driving; Using Mobile phone These offences are most commonly detected in injury and fatal collisions. 3 Making our roads safer is everybody’s business Personal policing means dealing with local concerns and issues which have an impact on the quality of everyone’s daily life. Traffic issues often top the polls when local communities are engaged with police. The PSNI aim to work in partnership with other agencies to reduce the number of people killed or seriously injured in road collisions. You have your part to play by being proactive in educating road users, preventing offences, and enforcement through non-court and court disposals. 4 RP01 - Introduction to Roads Policing YOUR NOTES 5 Roads Policing RP02 Construction and Use Introduction The Motor Vehicles (Construction & Use) (Northern Ireland) Regulations 1999 contain many detailed rules for the manufacture, maintenance and use of motor vehicles. Although the Regulations outline how vehicles are to be used, any breaches of the Regulations are prosecuted under Article 58 Road Traffic NI Order 1995, which states that a person who contravenes any construction or use requirement or uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used, is guilty of an offence. Most of us are not mechanical engineers and although technical knowledge of motor vehicles is helpful, it is not necessary for you to possess that knowledge. You will be able to enforce this aspect of the law as most of it is straightforward. The purpose of these regulations is to ensure the safety of drivers and other road users. The regulations apply to motor vehicles and trailers in use on roads and deal with their: Construction Maintenance Use OFFICIAL [SENSITIVE] Page 6  Definitions: Motor Vehicle: ‘A mechanically propelled vehicle (not being a tramcar or other vehicle running on permanent rails, or a trolley vehicle) which is intended or adapted for use on roads.’ (Case law – R V Mcclean) Art 2(2) Road Traffic (NI) Order 1981 Mechanically Propelled Vehicle: MPVs are not defined but can be said to be a vehicle with some form of mechanical propulsion, i.e. petrol driven, steam driven, electrically driven. (Case law – Waters V Eddison Steam Rally Company 1915/Mac Ecchran V Hart) Trailer: A vehicle drawn by a motor vehicle. Art 3 Road Traffic (NI) Order 1995 Road: Includes a public road and any street, carriageway, highway or roadway to which the public have access. Art 2(2) Road Traffic (NI) Order 1995 Public Road: A road which is maintainable by the department and includes any part of a public road, and includes any bridge or tunnel over or through which such a road passes. Art 2(2) Road Traffic Regulation (NI) Order 1997 (Case law for Road/Public Place – Harrison V Hill 1932) Mechanically Propelled Vehicle (MPV) Article 6 of the Road Traffic (NI) Order 1995 states, for the purposes of the Road Traffic Order or the Offenders Order that certain vehicles are not to be treated as motor vehicles: a) an MPV being an implement for cutting grass which is controlled by a pedestrian and is not capable of being used or adapted for any other purpose; b) any other MPV controlled by a pedestrian which may be prescribed for the purposes of this Article; and c) an electrically assisted pedal cycle of such a class as may be so prescribed. OFFICIAL [SENSITIVE] Page 7 NB: The Electrically Assisted Pedal Cycles (Construction and Use) Regulations (Northern Ireland) 2020 defines the class of e-bike that is to be treated as not being a motor vehicle, specifically the cycle must be fitted with pedals that are required to propel it and is assisted by an electric motor which has a maximum rated power of 250w and cannot propel the cycle when travelling more than 15.5 mph (25 km/h). The legislation does not cover other classes of e-bikes, which will still be considered as motor vehicles. In essence an E-Bike which falls within the above definition is to be treated as a normal pedal cycle. Intended/Adapted In deciding whether or not a MPV is intended or adapted for use on the road and therefore a motor vehicle, the following should be considered: a. is there evidence of use on a road/public place (e.g. an admission by the driver that he drove on a road, or evidence of a sighting of the vehicle on a road); or b. that a reasonable person looking at the vehicle would consider that one of its uses is to be used on a road (e.g. by seeing that indicators have been fitted). A standard car is intended by the manufacturer to be used on a road and therefore it is obviously a motor vehicle (MV), but what about a scrambler motorcycle? The scrambler was never intended by the manufacturer for use on a road, however you may have evidence as outlined in (a) and/or (b) above concerning such a mechanically propelled vehicle (MPV) being used on a road or public place and the court have deemed it to be a MV in such cases. See R ‘v’ McClean (2005), a local case, which deemed that a farm quadricycle (quad) that was being used in a public place would be deemed by a reasonable person to be a MV and it was thus treated as such. This means that the rider at the time of a stop would be subject to the full range of legislation that applies to MVs. It was also this case, R ‘v’ McClean (2005), that established no requirement to prove prior use of a vehicle on a road if it were stopped on a road. Example: Peterson rides his scrambler motorcycle on a road to the local mines one Saturday to practice. There is evidence available to take to a court that he is using a MV on a road or public place. R v McClean essentially means that any use on the road means it is to be treated as a MV – establishing a pattern or regularity is not required. OFFICIAL [SENSITIVE] Page 8 Public Place The Harrison v Hill (1932) case is the basic guide by which cases involving access are assessed. If a certain class of people only are permitted it is private but if a certain class only are excluded then it is public. There are many stated cases involving garage forecourts, lanes to farmhouses and roads through caravan sites. Whether they are roads under the Order depends on the evidence to the court, however, a public road is always a road and naming that road in your statement is sufficient. Vehicle in Dangerous Condition ‘A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on the road when: the condition of the vehicle or trailer, or its accessories or equipment; or the purpose for which it is used; or the number of passengers carried by it, or the manner in which they are carried; or the weight, position or distribution of its load, or the manner in which it is secured; is such that the use of the motor vehicle or trailer involves danger of injury to any person including the offender. Article 54 Road Traffic (NI) Order 1995 Use The offence of ‘using’ a vehicle is said to be an ‘absolute offence’. This means that you only have to prove that the person used the vehicle on a road and that it did not comply with the regulations. It does not matter that the person did not know or had taken every reasonable step to ensure the vehicle was kept in good condition. The circumstances of the case can act as mitigation and result in a reduced penalty, but cannot be a defence. The driver of a motor vehicle will always be the ‘user’ as would a person who has left the vehicle parked on the road. The general rule is that the person will ‘have the vehicle available for use’. OFFICIAL [SENSITIVE] Page 9 Other people with a close association with the driver or the vehicle may also commit the offence of ‘using’ the motor vehicle if it contravenes these regulations. Example: Bradford is a builder and owns a van driven by his employee Jamison. This van has a defective tyre. Jamison is driving the van in the course of her normal work. Both Jamison and Bradford are using the vehicle with a defective tyre. Example: However, if Jamison used the vehicle to take her family out for the weekend, Bradford would not be using the vehicle but he could be ‘permitting’ the use. If Bradford did not permit the use under these circumstances then there could be further offences. ‘Using’ is applicable to the driver, persons present controlling the driver, employers while the defendant is on the employer’s business and persons in a joint enterprise. A person who hires out a vehicle to another is not the ‘user’ while the vehicle is being hired. That person could however ‘permit’ an offence (see below). Where an offence of ‘causing’ or ‘permitting’ is appropriate, the offence of ‘using’ should not be used. If, having questioned the driver or other party to an offence, you are unsure which offence to proceed with you may report the person for ‘using, causing or permitting’ and seek advice from your supervisor. Cause This is not an absolute offence. You will need to prove the defendant had the authority to ‘cause’ the use of the vehicle, and that they: knew the vehicle was being used on a road or public place; and were aware, or should have been aware, of the facts of the offence; and authorised or ordered another person to use the vehicle. To ‘cause’, a person must either know or deliberately choose not to know what it is the principal offender is doing or failing to do. The knowledge (or deliberate ignoring) of the facts is the only guilty knowledge required, there need be no intention to offend. OFFICIAL [SENSITIVE] Page 10 Permit The offence of ‘permitting’ is committed if a person gives another person permission to use a vehicle and it can be shown that the person permitting was aware or should have been aware of the facts of the offence committed in relation to the use of the vehicle. The person giving the permission must be the owner of the vehicle or the person who has control of the vehicle. A test of this authority is to consider whether the person is in a position to forbid the use of the vehicle? In the absence of actual knowledge of the offence the defendant must ‘shut his eyes to the obvious or allow his servant to do something in the circumstances where a contravention is likely, not caring whether a contravention takes place or not.’ Example: Bradford fails to take steps to prevent offences by not having vehicles serviced properly. This may be sufficient to prove the necessary knowledge. Condition This applies not only to the vehicle / trailer but also to its equipment and accessories. This offence is very broad in scope and can cover anything from a loose driver’s seat, which might cause the driver to lose control, to a jagged edge of a damaged wing, which might injure a passer-by. Purpose This covers any use of the vehicle which results in danger of injury when it is used in a way and for a purpose for which it is not suited, such as a motor car towing another vehicle on a short tow rope at 70 mph. Passengers This deals with the number of passengers and the manner in which any passengers are carried. For example too many passengers, thus affecting the driver’s ability to control the vehicle, or a car passenger surfing on the roof of a moving vehicle. Load This covers everything about the load weight, position, distribution and method of securing it. The load might be so heavy that the vehicle’s brakes are not able to stop it properly. It might OFFICIAL [SENSITIVE] Page 11 be in such a position that part of the load is sticking out at the side. It might be distributed in such a way that all the weight is on one side and the vehicle is in danger of tipping over or might not be secured properly on the vehicle and be in danger of falling off. Danger of Injury Actual danger to a specific individual need not be proved. There must however be an actual danger of injury rather than a possible danger. ‘Danger’ is not defined, but the courts are likely to be objective, so that if a ‘competent and careful motorist’ (this is an objective test taken by the courts depending on the facts of the case) would have appreciated there was a danger, the offence is complete. A similar offence exists under Regulation 115 Motor Vehicles (Construction & Use) Regulations (NI) 1999. However it differs from Article 54 in the following ways: 1. There is only the necessity to show ‘cause or likely to cause’ a danger. 2. In relation to loads ‘likely to cause a nuisance’ (this covers dirt, papers etc. blowing off a skip lorry). Because the offence does not involve danger (Art 54) but a ‘likely to cause’ the penalty for breach of Regulation 115 (prosecuted under Article 58 R.T. (NI) Order 1995) is less than a breach of Article 54. Adults & Seat Belts The basic rules for adults are that persons driving or riding a motor vehicle on a road are required to wear a seat belt. Article 23 R.T. (NI) Order 1995 23.—(1) The Department may make regulations requiring, subject to such exceptions as may be prescribed, persons who are driving or riding in motor vehicles on a road to wear seat belts of such description as may be prescribed. shall include exceptions for— I. the driver of, or a passenger in, a motor vehicle constructed or adapted for carrying goods, while on a journey which does not exceed the prescribed distance and which is undertaken for the purpose of delivering or collecting anything, OFFICIAL [SENSITIVE] Page 12  II. the drivers of vehicles while performing a manoeuvre which includes reversing; III. any person holding a valid certificate signed by a medical practitioner to the effect that it is inadvisable on medical grounds for him to wear a seat belt; Some vehicles are not required by law to have seat belts fitted, but if they are fitted and available for use they must be worn. The term ‘if available’ is a matter of common sense but, if charged with such an offence, it is for the defence to prove unavailability or exemption. Passengers aged 14 or over not wearing seat belts are responsible for themselves. The driver does not commit an offence when a passenger aged 14 or over is not wearing a seat belt. Exemptions  The driver or passenger in a motor vehicle constructed 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 (multi-drop deliveries).  Persons reversing or supervising provisional licence holder whilst reversing.  A member of the police service whether on or off-duty.  A member of the regular armed forces of the Crown whether on or off duty.  A prison officer on or off-duty.  A person driving or riding in a vehicle whilst it is being used for the purposes of carrying a person in lawful custody.  Taxi drivers while plying for hire, answering call for hire or carrying a passenger.  The driver of a private or public hire taxi while carrying passenger for hire.  Persons in vehicle being used for fire brigade purposes.  Persons on Crown processions.  Persons holding an exemption medical certificate provided it is produced at the time or within seven days.  During a driving test if wearing the belt would be dangerous.  Vehicle driven under a trade licence for the purpose of investigating or remedying mechanical fault.  Where the seat belt is an inertia type which is locked as a result of being, or having been, on a steep incline. The law requires that drivers and passengers aged 14 and over in cars, vans and other OFFICIAL [SENSITIVE] Page 13 commercial vehicles must wear a seatbelt, if available. As a driver you are responsible for ensuring that anyone under the age of 14 wears a seat belt or uses an appropriate child restraint as required by law. Failure to do so will result in the driver being guilty of an offence. The term ‘if available’ is a matter of common sense but, if charged with such an offence, it is for the defence to prove unavailability or exemption. It should be noted that front seat belts were compulsory equipment on all new cars registered in the UK from 1968, with rear seat belts becoming compulsory equipment from 1986. Children & Seat Belts On the introduction of the Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulation (Northern Ireland) 2007 seat belts are to be worn, where fitted, in buses and coaches by passengers aged 3 years and above. The regulations also requires child restraints rather than adult seat belts to be worn in cars and goods vehicles by children up to age 12 or 135cms in height. Tyres All tyres fitted to vehicles used on a road must be so maintained that they are free from defect and fit for the use to which they are being put. A motor vehicle or trailer shall not be used on a road if any of the following apply to a pneumatic tyre fitted to that vehicle or trailer: The tyre:  Is unsuitable having regard to the use of the vehicle or trailer, or the types of tyres fitted to its other wheels.  Was not so inflated as to make it fit for the use to which the motor vehicle or trailer is being put.  Has a cut in excess of 25mm or 10% of the section width of the tyre, whichever is the greater and deep enough to reach the ply or cord, or has a lump/bulge/tear caused by the separation or partial structural failure.  Has a portion of the ply or the cord exposed.  Has the base groove (which showed the original tread pattern) no longer clearly visible. OFFICIAL [SENSITIVE] Page 14  Is not maintained in such a condition as to be fit for the use to which the vehicle or trailer is being put or has a defect which might in any way cause damage to the surface of the road or damage to any persons on or in the vehicle or using the road. These regulations apply to all vehicles however the tread depth varies according to the type of vehicle being used. Light trailers (under 750kgs) and vehicles within category ‘B’ of a driving licence all require the grooves of a tread pattern to be at least 1.6 mm deep throughout the continuous band situated in the central three-quarters of the breadth of the tread, around the entire outer circumference. Category ‘A’ ’C’ and ‘D’ classed vehicles require the base of the original tread to be visible and have at least 1 mm of tread pattern throughout the continuous band situated in the central three-quarters of the breadth of the tread, and around the entire outer circumference. Mopeds are only required to have the original tread pattern visible. Lights on Vehicles The requirements of the law for lamps on vehicles to be lit whilst in use after dark seem obvious. However, during periods of reduced visibility virtually all vehicles driven on a road are required to display lights, whether in daylight or darkness. Lighting-up Time This is the period of time during which vehicles must display certain types of lights while on a road. There are two periods you need to be aware off: Lighting up times - the period between sunset and sunrise. Hours of darkness - the time between half an hour after sunset and half an hour before sunrise. Front and rear position lamps (‘sidelights’) are required to be lit from sunset to sunrise and headlights during the hours of darkness. OFFICIAL [SENSITIVE] Page 15 When you submit a file in respect of contravention of the lighting regulations, you must always include the ‘lighting-up time’ as part of your evidence. You will usually find the information on PoInt in the Roads Policing Knowledge pages or in the daily paper. Example - Sunset is at 2300hrs and sunrise is at 0600hrs. This is lighting up time. Hours of darkness would then be 2330hrs until 0530hrs. Seriously Reduced Visibility This has not been defined and seems to be essentially a question of fact. Examples will be fog, heavy rain or spray, snow, dense cloud or badly overcast weather. It is not restricted to poor weather conditions and might include a poorly illuminated tunnel or a smoke cloud. Obligatory Lamps/Reflectors Obligatory lamps and reflectors are those which a particular class of vehicle is required to have fitted by law and include the below. Strict detailed specifications are given as to their position/performance/use. Optional Lamps Optional lamps and reflectors are those which a particular class of vehicle is not required to have fitted by law, but which can be fitted providing they comply with given specifications as to their position, performance and use. These lamps and reflectors include: Reversing lights Additional headlamps (spots) Additional brake lights OFFICIAL [SENSITIVE] Page 16  Front fog lights All sorts of lamps and reflectors can be added to a vehicle, but they must comply with the given specifications. Maintenance ‘A person shall not use, or cause or permit to be used on a road a vehicle unless every lamp, reflector, rear marking and device to which this paragraph applies is in good working order and in the case of a lamp, clean.’ Examples include: Registration lamp Headlamp Brake lights Indicators Hazard warning lamps Rear fog lamps, except if towing a trailer Sidelights and Hours of Darkness No person shall a. use, or cause or permit to be used, on a road any vehicle which is in motion: between sunset and sunrise, or in seriously reduced visibility between sun rise and sunset, or b. allow to remain at rest, or cause or permit to remain at rest, on a road any vehicle between sunset and sunrise, unless every front position lamp, rear position lamp, rear registration plate lamp, side marker lamp and end outline marker lamp with which the vehicle is required by these regulations to be fitted is kept lit and unobscured. Regulation 27, Road Vehicles Lighting Regulations (NI) 2000 Headlamps and Hours of Darkness A person shall not use, cause or permit to be used, on a road a vehicle which is fitted with obligatory dipped-beam headlamps unless every such lamp is kept lit: OFFICIAL [SENSITIVE] Page 17  during the hours of darkness; in seriously reduced visibility (fog, heavy rain/snow). Regulation 28, Road Vehicles Lighting Regulations (NI) 2000 Exemptions The above regulation does not apply to a vehicle which is: being drawn by another vehicle; propelling a snow plough; parked. Headlamps must NOT be: used so as to cause undue dazzle or discomfort to other road users; used so as to be lit when a vehicle is parked. Position Lamps There must be two of these lamps fitted front and rear, commonly called ‘sidelights’. The front lamp must show a white light and the rear lamp a red light. In the case of a front lamp which is incorporated in a yellow headlamp, a yellow light may be shown. Exemptions A solo motor bicycle (i.e. a motor bicycle without a side car). Cycle being pushed along the left-hand edge of the carriageway. It is a pedal cycle waiting to proceed, provided it is kept on the left hand or the nearside edge of the carriageway. Stop Lamps Most motor vehicles must carry two stop lamps often referred to as brake lights. However invalid carriages and motor cycles (with or without side-car) need only one stop lamp. OFFICIAL [SENSITIVE] Page 18 Direction Indicators Most modern vehicles are required to be fitted with front and rear direction indicators. Registration Plate Lamps Every motor vehicle required to carry a rear registration plate (except a works truck) is also required to be fitted with a rear registration plate lamp or lamps, to be capable of adequately illuminating the registration plate during sunset to sunrise. Hazard Warning Lights This is a device which causes all the direction indicator lamps to flash on and off simultaneously. It may be used only: while stationary, to warn other road users of a temporary obstruction to summon assistance to a bus (public service vehicle) on a motorway or unrestricted dual carriageway to warn following drivers of the need to slow down due to temporary obstruction ahead. Front and Rear Fog Lamps Must: only be lit in conditions of seriously reduced visibility not be used so as to cause undue dazzle or discomfort to the driver of a following vehicle not be lit when parked, unless an emergency vehicle A rear fog lamp must show a bright red light to the rear. Front fog lamps must only show a white or yellow light. Reversing Lamps A maximum of two lamps may be fitted and they must show a white light. The lamp(s) must be installed so that they can only be switched on: automatically, by selection of reverse gear, or by a switch which shows a ‘tell-tale’ light to the driver when they are in use. Lights on Cycles Cycles are only required to be fitted with obligatory lamps and reflectors during the hours of darkness. These lamps and reflectors are: OFFICIAL [SENSITIVE] Page 19  one front lamp (white light only); one rear position lamp (red light only); one rear reflector (red only). Audible Warning Instruments A motor vehicle which has a maximum speed of more than 20mph shall be fitted with a horn, not being a reversing alarm or a two-tone horn. This does not apply to an agricultural vehicle, unless it is being driven at more than 20 mph. A ‘horn’ means an instrument, not being a bell, gong or siren, capable of giving audible and sufficient warning of the approach or position of the vehicle to which it is fitted. Regulation 44, Motor Vehicle (Construction & Use) Regulations (NI) 1999 Use of the Horn A person shall not sound or cause or permit to be sounded a horn, gong, bell or siren fitted to or carried on a vehicle which is: stationary on a road, at any time, other than at times of danger due to another moving vehicle on or near the road, or in motion on a ‘restricted road’ between the hours of 2330 hours and 0700 hours. Regulation 114, Motor Vehicle (Construction & Use) Regulations (NI) 1999 A ‘restricted road’ is a road which has a system of street lighting with lamps not more than 185m apart or has been designated by the Department to be a restricted road. Mirrors Mirrors must be fitted to vehicles to aid the driver’s view to the rear. The number and position of mirrors varies according to the type of vehicle. Vehicles first used on or after 1st June 1978 are required to have at least one adjustable mirror: fitted externally on the offside of the vehicle and fitted internally, with protected edges. OFFICIAL [SENSITIVE] Page 20 Windscreen Washers and Wipers One or more automatic windscreen wipers are required to be fitted to all vehicles with a windscreen, so that the driver has an adequate view of the road in front on both sides of the vehicle and to the front of the vehicle. There are three offences: failure to maintain windscreen wiper or washer; windscreen wiper not fitted to motor vehicle; windscreen washer not fitted to motor vehicle. Speedometer A motor vehicle shall be fitted with a speedometer which, if the vehicle is first used on or after 1st April 1984, shall be capable of indicating speed in both miles per hour and kilometres per hour, either simultaneously or, by the operation of a switch. This does not apply to the following: invalid carriages first used before 1984; motorcycles first used before 1st April 1984 the engine of which has a cylinder capacity not exceeding 100 cc; works trucks, provided in each case first used before 1st April 1984; agricultural vehicles which are not driven at more than 20 mph; vehicles having a maximum speed not exceeding 25mph; vehicles first used before 1st October 1937; vehicles fitted with an approved alternative system; vehicle’s which it is at all times unlawful to drive at more than 25mph; Motor Vehicle (Construction & Use) Regulation 40 (NI) 1999 Defence when the defect occurred in the course of the journey being undertaken, or steps have been taken to have the instrument, repaired or replaced as soon as possible. OFFICIAL [SENSITIVE] Page 21  Fuel Tank Every fuel tank fitted to a wheeled vehicle: shall be constructed and maintained so that the leakage of any liquid or vapour from the tank is adequately prevented; if it contains petroleum spirit and is on a vehicle first used on or after 1 July 1973, shall be made of metal and fixed in a position and be maintained so as to be reasonably secure from damage. Motor Vehicle Construction & Use Regulation 46 (NI) 1999 Therefore a driver who puts a rag into the filler hole of a fuel tank would not prevent the vapour from escaping and so commits the offence. Tow Ropes Where a trailer is attached to the vehicle immediately in front of it solely by means of a rope or chain, the distance between the trailer and that vehicle shall not in any case exceed 4.5 metres and shall not exceed 1.5 metres unless the rope or chain is made clearly visible to any other person using the road within a reasonable distance from either side. Motor Vehicle (Construction & Use) Regulation 98 (NI) 1999 Noise A motor vehicle shall not be used in such a manner as to cause excessive noise which could have been avoided by the exercise of reasonable care on the part of the driver. Motor Vehicle Construction & Use Regulation 112 (NI) 1999 Reversing A person shall not drive, or cause or permit to be driven, a motor vehicle backwards on a road further than may be requisite for the safety or reasonable convenience of the occupants of the vehicle or other traffic, unless it is a road roller or is engaged in the construction, maintenance or repair of the road. Motor Vehicle (Construction & Use) Regulation 122 (NI) 1999 OFFICIAL [SENSITIVE] Page 22 Leaving Motor Vehicles A person shall not leave, or cause or permit to be left, on a road a motor vehicle which is not attended by a person licensed to drive it unless the engine is stopped and any parking brake with which the vehicle is required to be equipped is effectively set. The stopping of the engine shall not apply to a vehicle: a. being used for ambulance, fire brigade or police purposes; or b. in such a position and condition as not to be likely to endanger persons or property and engaged in an operation which requires its engine to be used. Regulation 123 Motor Vehicle (Construction & Use) Regulations (NI) 1999 Vehicle Defect Rectification Scheme (VDRS) The detailed inspection of vehicles has always been carried out within the Police Service of Northern Ireland by trained authorised officers or, in appropriate circumstances, by other agencies with particular expertise. Once attested officers are authorised to issue VDRS 55/10 in accordance with Article 75 of the Road Traffic (NI) Order 1995. VDRS Offences Applicable 1. Driver unable to have a full view of the road. 2. Defective light(s). 3. No windscreen wipers. 4. Defective windscreen wipers. 5. Defective seatbelts. 6. Excessive smoke. 7. No horn. 8. No windscreen washers. 9. No driver’s seatbelt fitted. 10. Defective side protective guard. 11. Dangerous mascot on motor vehicle. 12. No spray suppression device. 13. Defective exhaust and silencer system. 14. Defective tyre - general. OFFICIAL [SENSITIVE] Page 23 Defective number plates cannot be dealt with via the VDRS scheme. Legislation Article 75 of the Road Traffic (NI) Order 1995 is the legal provision for the testing of the condition of vehicles on roads; on completion of this module you will be authorised under this legislation. On detecting an offence listed, an authorised examiner may: 1. Advise and warn. 2. Issue a fixed penalty notice. 3. Report for prosecution. In addition to any of the above, the authorised examiner should serve on the owner of the vehicle a notice VDRS 1 (form 55/10) in writing, requiring him / her to present the vehicle at a specified place within 14 days of the service of the notice or within such longer period as any authorised examiner may, on application of the owner of the vehicle, specify in writing, for further test. ‘If a person obstructs an authorised examiner acting under this Article, or fails to comply with a requirement of Article 75 Road Traffic (NI) Order 1995, he is guilty of an offence.’ Vehicles Prohibited from Continuing If the defect is such that the detecting officer feels that the vehicle should be prohibited from continuing, then a specially trained Roads Policing Officer should be summoned to issue a form T6/1 which will prohibit the vehicle from moving (unless on a recovery vehicle) until the defect(s) are rectified. Issuing of VDRS1 (form 55/10) default is to issue via mobile device. Vehicles to be produced for Inspection 1. On production of a vehicle for inspection the defect(s) should be examined to ensure compliance. If the vehicle is in order the white form should be completed and returned to the issuing officer without delay. 2. If the defect(s) has not been rectified satisfactorily the issuing officer should, if possible, be contacted for advice on how the matter is to be dealt with. If the issuing officer is not available, then the receiving officer should either: OFFICIAL [SENSITIVE] Page 24  a. Interview the person under caution, complete and forward a statement of evidence to the issuing officer; or b. Depending upon the reasonableness and proportionality of the explanation for non-compliance, authorise a further 7 or 14 days for the production of the vehicle with the defect(s) rectified. The issuing officer must also be informed accordingly. 3. If a vehicle is not produced within 14 days from the date of service of the notice on the owner, and no extension has been granted after a request, in writing, then an offence has been committed under Article 75(10) of the Road Traffic (NI) Order 1995. Examples: Use, Cause & Permit Rick is employed as a driver by Royal Mail. He is responsible for the vehicle at all times when away from the home depot. The vehicle he is driving is one of three on hire for one week from Enterprise, owned by Ben. Rick has been stopped by police whilst driving the lorry, which has a defective tyre and is overloaded. Who would be responsible for ‘using’ the vehicle with a defective tyre? a. Rick, Royal Mail and Ben. b. Rick only. c. Rick and Royal Mail only. d. Royal Mail and Ben only. The correct answer is C. Explanation: Generally, offences of ‘using’ are offences of strict liability, or absolute liability, as it is sometimes known. This means that no intention has to be proved. The facts alone are sufficient for the offence to be made out. Rick, the driver, clearly ‘uses’ the vehicle. He drives it for Royal Mail as part of their business, so they ‘use’ it too. Ben, the owner of Enterprise, does not use the vehicle because it was not in the course of his trade or business. If the vehicle was in that condition when he hired out the vehicle to Royal Mail he may be guilty of permitting. (He would not come into the frame for ‘using’ while overloaded, because the vehicle was not overloaded when he hired it out). OFFICIAL [SENSITIVE] Page 25 Use Cause & Permit With regard to the following sets of circumstances, which, if either, would be correct in relation to the offence of ‘use, cause or permit’? a. Paul loans his car to John. John places a large sofa on the roof, hoping that the weight of the sofa will keep it in place. John then drives Paul’s car on a road. b. George runs a small delivery firm where he employs Richard to drive for him. Richard drives one of the firm’s vehicles, unaware that it has a defective tyre. A. Paul is guilty of ‘permitting’. B. George and Richard are guilty of ‘using’ and Paul is guilty of ‘permitting’. C. Paul is guilty of ‘using’ and George and Richard are guilty of ‘permitting’. D. Both George and Richard are guilty of ‘using’. The correct answer is D. Explanation: In relation to scenario A, the general situation is that some form of mens rea is required for Paul’s guilt. Paul does not have the full knowledge of the true circumstances, so he is neither using, causing nor permitting. John is certainly guilty of ‘using’ when he drives the vehicle, of course. In scenario B, both George and Richard are guilty of ‘using’, you have to remember that ‘use’ creates an absolute offence, and so George, in employing Richard to drive, ‘uses’ the vehicle while Richard is driving in connection with George’s business. Richard himself, of course, also ‘uses’ when he drives the vehicle. As for the tyre, Richard should have checked that before driving the vehicle. OFFICIAL [SENSITIVE] Page 26 RP02 - Construction and Use YOUR NOTES OFFICIAL [SENSITIVE] Page 27  Police College RP04 Roads Policing RP03 Points Duty Introduction One of your functions as a police officer is to maintain the free flow of traffic and prevent danger to road users. Even if you are not a driver you should have a good working knowledge of the Highway Code to enable you to give appropriate advice to road users. You are not expected to know everything in detail. Much of what is written is common knowledge to most drivers. Definition ‘A constable in uniform may require any person driving a mechanically propelled vehicle on a road or other public place or any person riding a cycle on a road or other public place to stop’ and any person who fails to stop when he is required commits an offence.’ Article 180(1) R.T.(NI) Order 1981 Key learning point Officer must be in uniform to exercise the power to stop or direct traffic otherwise there is no offence of failing to stop. Power of Entry Article 19(1) (ba) PACE (NI) Order 1989 – to arrest a person for an offence under Article 180(1) of the Road Traffic (Northern Ireland) Order 1981. Power to Direct ‘If a person without reasonable excuse, contravenes a direction given by a constable in uniform carrying functions under the Road Traffic Order, he is guilty of an offence.’ OFFICIAL [SENSITIVE] Page 28  Police College RP04 Art 49 R.T. (NI) Order 1995 The officer must be in uniform and the directions can be given to cyclists, pedestrians and motorists alike provided it is whilst carrying out a function under the Orders. Police Direction Signals These are examples of the signals you will use whilst on patrol. You will have the opportunity to practice the signals whilst at the college. Here are some of the hand signals from the Highway Code. STOP FRONT STOP REAR and HOLD Traffic approaching from the front Traffic approaching from the rear STOP FRONT AND HOLD REAR BECKON RIGHT Traffic approaching from both the Beckon traffic approaching from the right front and rear OFFICIAL [SENSITIVE] Page 29  Police College RP04 RP03 - Points Duty YOUR NOTES OFFICIAL [SENSITIVE] Page 30 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 RP04 - Driving Documents YOUR NOTES OFFICIAL [SENSITIVE] Page 42  Police College RP06 Roads Policing RP05 Insurance and Vehicle Seizure Introduction The fact that a person has the ability to pass a driving test does not, unfortunately, guarantee that they will not be involved in a collision. Without insurance an individual could face a heavy claim for damages, especially when someone is injured or killed. The legislation provides that all motor vehicles used on roads are required to be covered by a minimum level of insurance. Definition ‘..it shall not be lawful for any person to use, or cause or permit any other person to use, a motor vehicle on a road or other public place unless there is in force in relation to the user of the vehicle by that person or that other person, as the case may be, such a policy of insurance or such security in respect of third party risks. Article 90 Road Traffic (NI) Order 1981 Points to Prove Used/caused/permitted another to use. Motor vehicle. On a road/public place. Not covered by policy of insurance/cover note/security for third party risks. Key learning point Must be used on a road or public place and applies to Motor Vehicle. OFFICIAL [SENSITIVE] Page 43  Police College RP06 After proving the defendant used a motor vehicle on a road or public place it is for the defendant to show there was in force an appropriate insurance policy. DPP v Hay (2005) A vehicle that has been left on a road for several months and its condition deteriorated so that it could not be moved is still at disposal of owner and requires insurance. Plumbien v Vines (1996) Use A driver will always be using the vehicle. In addition, if the vehicle belongs to a firm and is being used for company business then the employer is also using. If the owner is in the passenger seat, but the vehicle is being driven by another, the owner is using if it is for his purpose. Example use - Your friend asks you to drive him to the shops as he has a broken leg and cannot drive himself; then both of you are using. Cause A person who has a degree of authority over another, orders or instructs the other to drive the vehicle, then they are causing the use of the vehicle. OFFICIAL [SENSITIVE] Page 44  Police College RP06 Example cause - Transport manager telling a subordinate to use a vehicle. Permit Where a person gives another permission whether general or explicit to use a vehicle. Example permit - A friend who lends you their car knowing there is no insurance for the vehicle would be permitting. Third Party Risks ‘..liability which may be incurred by the insured in respect of the death of or bodily injury to any person or damage to property caused by or arising out of the use of the motor vehicle on a road or other public place in Northern Ireland.’ Art 92(b) Road Traffic (NI) Order 1981 The policy holder or a person authorised to use the vehicle cannot make a claim against the policy if they were driving. OFFICIAL [SENSITIVE] Page 45  Police College RP06 Proof of Insurance The documents which support proof of insurance include: Certificate of insurance. Cover note. International motor insurance card (‘green card’). Certificate of deposit/security. Examination When examining a certificate of insurance (which can be an online version), you should note the following particulars: The certificate number. The commencement and expiry dates. Name and address of insurance company. That the certificate covers the vehicle being used. Limitations as to the use of the vehicle. The persons entitled to drive the vehicle. In other words,  DOES THIS INSURANCE  COVER THIS PERSON  TO DRIVE THIS VEHICLE  FOR THIS PURPOSE  ON THIS DATE Statutory Defence ‘A person charged with an offence under Article 90 (no insurance) shall not be convicted if he proves: OFFICIAL [SENSITIVE] Page 46  Police College RP06 i. that the vehicle did not belong to him and was not in his possession under a contract of hiring or loan; ii. that he was using the vehicle in the course of his employment and with the authority of his employer; and iii. that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security.’ Art 91 Road Traffic (NI) Order 1981 Power to Seize Vehicles 1. Form T23 – PACE/Statutory powers including police vehicle recovery. 2. Form T27 – no insurance seizure Form T23 will be completed in all cases except no insurance where a vehicle is seized by the Officer in Charge, immediately on return to the station and sent electronically by email to ‘zVehicle Recovery Liaison Officer’ – This form is available on Police Intranet and should be fully completed. Form T27 Police also have the power to seize uninsured vehicles. Either of the following conditions must be satisfied prior to the seizure process commencing: I. A constable in uniform requires a person to produce evidence of insurance, the person fails to produce such evidence and the constable has reasonable grounds for believing that the vehicle is or was being driven. II. A constable in uniform requires a person driving a motor vehicle to stop (Art. 180(1)), the person fails to stop, or stop the vehicle for long enough, for the constable to make lawful enquiries and the constable has reasonable grounds for believing that the vehicle is or was being driven. Art 180B (2)(3) The Road Traffic (NI) Order 1981 Only authorised officers can seize motor vehicles for not having a valid insurance certificate. OFFICIAL [SENSITIVE] Page 47  Police College RP06 All personnel should follow the guidance offered below when contemplating seizing a suspect uninsured vehicle.  Conduct initial enquiries (as above) to verify the vehicle is uninsured, this will include questioning the driver, checking the Motor Insurers Database (MID) and if necessary contacting the MIB police helpline on 0845 165 2999.  If you are satisfied that the vehicle is uninsured, request assistance from an authorised officer to attend and seize the vehicle  The entire seizure process will be handled on your behalf with the necessary paperwork completed and the driver instructed how to reclaim their vehicle.  HOWEVER, you are responsible for issuing a form 55/8 for production of other driving documents and submitting the ‘No insurance’ file/issuing a fixed penalty notice for the offence. (See student notes on production of documents/fixed penalty notices)  If the driver does not wish to wait for the arrival of the seizing officer, make sure you record the driver/owners details, where possible take possession of the vehicle keys and encourage the removal of any valuable items from the vehicle. Managed Vehicle Recovery Statutory removal – Road Traffic Reg (NI) Order 1997 47(1) This paragraph applies to a vehicle which has 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 has 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. 47(2) 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. OFFICIAL [SENSITIVE] Page 48  Police College RP06 48(1) This paragraph applies to a vehicle – a) to which Article 47(1) applies; b) which appears to a constable to have broken down on a road and to have been abandoned; or c) which has been permitted to remain at rest on a road in such a position or in such condition or in such circumstances as to appear to a constable to have been abandoned. 48(2) A constable may remove a vehicle to which paragraph (1) applies to another position on that or another road, or to a place which is not on a road. 48(3) A constable may remove a vehicle under paragraph (2) by towing or driving it or in such other manner as he thinks necessary and may take such measures in relation to the vehicle as he thinks necessary to enable the vehicle to be removed. OFFICIAL [SENSITIVE] Page 49  Police College RP06 OFFICIAL [SENSITIVE] Page 50  Police College RP06 Seizure of Uninsured Vehicles Motor Vehicle on Road/Public Place Article 21Road Traffic(NI) Order2007 Stopped by Constable in Uniform Demands Insurance Person fails to stop/stop long enough for enquiries to be made Person fails to produce evidence of Insurance Constable has reasonable grounds Constable has reasonable grounds to suspect identified person to suspect No Insurance has No Insurance (eg. MIB check & call to Ins Co) (eg. MIB check & call to Ins Co) Vehicle seized by Constable in Uniform May seize vehicle within 24 hours in circumstances where vehicle has made off Constable requests MVRS to C&C Log Recover Vehicle& Retain created Constable issues ‘Seizure Notice T27’ Constable Driver/Owner Recovery Operator (Blue) (White) (Yellow) Constable issues 55/8 Person given 7 days to produce Insurance and/or EFPN/ or nominated person to produce insurance & D/L Prosecution at nominated PSNI Station OFFICIAL [SENSITIVE] Page 51  Police College RP06 RP05 - No Insurance YOUR NOTES OFFICIAL [SENSITIVE] Page 52  Police College RP06 Roads Policing RP06 Test Certificates Introduction Private motorcars, motorcycles, mopeds, and motor caravans must all be tested annually four years after the date of first registration. The test covers a wide area of mechanical and functional aspects of the vehicle, all linked to roadworthiness and safety. The vehicle will need to be examined and pass the test before being issued with a certificate. OFFICIAL [SENSITIVE] Page 53  Police College RP06 Points to prove offence: 1. to use on a road or other public place at any time 2. or cause to be used 3. or permit to be used a motor vehicle without a valid test certificate. Article 63 Road Traffic (NI) Order 1995 Procedures Can be dealt with via non-endorsable ticket £60 at roadside. If multiple offences it can be part of prosecution file. Certificate A test certificate is normally valid for 12 months. Exemptions The following are examples of some of the vehicles which are exempt from the need to have a test certificate: Police and fire vehicles. Invalid carriages. Vehicles going to or from a pre-arranged vehicle test. Bringing to mechanic to complete pre-arranged work. Goods Vehicles } Separate test for these Public Services Vehicles, i.e. 8+ seats } after 1st year of registration Vehicle registered/built more than 40 years ago (with stipulations) OFFICIAL [SENSITIVE] Page 54  Police College RP06 RP06 - Vehicle Test Certificates YOUR NOTES OFFICIAL [SENSITIVE] Page 55  Police College RP07 Roads Policing RP07 Production of Driving Documents Introduction Your daily duties will frequently involve motor vehicles and drivers, whether concerned with crime, motoring offences or collisions. Examination of documents can often lead to the detection of a crime. It is an offence under this Order for a person to drive on a road, a motor vehicle of any class, other than in accordance with a licence authorising him to drive a motor vehicle of that class.’ Art 3 Road Traffic (NI) Order 1981 Power to stop Vehicles A constable in uniform may require any person driving a mechanically propelled vehicle on a road or other public place or any person riding a cycle on a road or other public place to stop, and any person who fails to stop when he is so required shall be guilty of an offence under this Order. Points to Prove - Driving a motor vehicle on a road. - Required to produce driving licence for inspection. - Failed to produce driving licence. - Art 180(1) R.T. (NI) Order 1981 OFFICIAL [SENSITIVE] Page 56  Police College RP07 Power to demand production A constable may require the production for examination of the driving licence, provisional licence, certificate of insurance, test certificate or goods vehicle certificate of any person:  who is driving a motor vehicle on a road; or  whom he reasonably suspects to have been involved in an accident on a road or other public place; or  whom he reasonably suspects to have committed an offence under the road traffic orders. Art 180(2) R.T. (NI) Order 1981 If any condition of a provisional licence requires the ‘L’ driver to be accompanied by a qualified driver then a constable may at any time demand production of the licence from the person supervising. Summary Art 180(3) R.T. (NI) Order 1981 Power to Demand Name/Address ‘..a person driving a motor vehicle on a road shall, on being so required by a member of the Police Service for Northern Ireland give his name and address and the name and address of the owner of the vehicle…’ Art 97(1) R.T. (NI) Order 1981 This power is only available when the person is driving a motor vehicle on a road. Power to Demand Date of Birth ‘A person required by a constable under paragraph (2) and (3) to produce his licence must in the prescribed circumstances, on being required to do so by the constable, state his date of birth.’ Art 180(3A) R.T. (NI) Order 1981. A licence that is defaced, mutilated or unreadable is deemed not to have been produced. Remember what constitutes a licence (RP04). OFFICIAL [SENSITIVE] Page 57  Police College RP07 Unable to Produce Where a person cannot produce driving documents on demand from a constable, they will be: issued with a production notice, entitled form 55/8 required to produce such document(s) at a police station nominated by them within 7 days informed that failure to produce is an offence The default position is now for 55/8 to be completed electronically at the roadside and a Roadside Enforcement Notice (REN) card issued to the driver which is produced at the station within 7 days. This speeds up the administration process. Alternatively if the handheld device is not functioning then a paper 55/8 can be issued. Full details should be recorded in your notebook. The procedure is complete when you forward the 55/8 or electronic version. If an offence is disclosed you will be required to investigate. Offence ‘If any person fails to produce his [driving documents] immediately when asked for it or, alternatively, to bring it in person within 7 days after production was required to [a police station that they specified], he shall be guilty of an offence..’ Art 180(4) R.T. (NI) Order 1981 The offence is complete only if the person has been:  required to produce; and  asked which station they wish to produce the documents at; and  7 clear days have elapsed.  OFFICIAL [SENSITIVE] Page 58  Police College RP07 RPO7 - Production of Driving Documents YOUR NOTES OFFICIAL [SENSITIVE] Page 59  Police College RP08 Roads Policing RP08 Demanding Information Introduction In addition to the powers to demand name and address and date of birth outlined in the previous section, the Road Traffic (NI) Order 1981 provides a police officer with other powers to demand information. Then the driver, owner and other persons have an obligation to provide certain information when required to do so by a constable. Identification of Drivers and Owners Where the driver of a vehicle is alleged to be guilty of an offence; The driver of the vehicle shall on demand give to a constable  his correct name and address and  where the driver is NOT the owner of the vehicle,  The correct name and address of the owner, and  any other information concerning the vehicle (including the names and addresses of any passengers carried in or on the vehicle at the time of the alleged offence). The owner of the vehicle shall if required by a constable, provide  the identity of the driver,  unless he shows that he did not know and could not have ascertained who the driver was. Any other person shall, if required, give any information which it is in his power to give and which may lead to the identification of the driver or owner of the vehicle. Any person who is required to, and is in a position to, give information as above, and does not do so, is guilty of an offence. Art 177(1) Road Traffic (NI) Order 1981 OFFICIAL [SENSITIVE] Page 60  Police College RP08 Identification of Cyclists ‘A constable may require any cyclist who appears to him to have committed an offence under: dangerous cycling careless/inconsiderate cycling cycling under influence drink/drugs to give his correct name and address, and if that person fails to do so he shall be guilty of an offence.’ Art 178 Road Traffic (NI) Order 1981 There is no power to conduct preliminary tests. Identification of Pedestrians ‘If a constable has reasonable cause to believe that a pedestrian has committed an offence under the road traffic orders or any regulations made under the road traffic orders, he may require him to give his name and address.’ ‘Any person who fails to give his name and address as required shall be guilty of an offence.’ Art 179(1) Road Traffic (NI) Order 1981. OFFICIAL [SENSITIVE] Page 61  Police College RP08 RPO8 - Demanding Information YOUR NOTES OFFICIAL [SENSITIVE] Page 62 Roads Policing RP09 Careless and Inconsiderate Driving Introduction It is the aim of the PSNI to work in partnership with other agencies, to reduce the number of people killed or seriously injured in road collisions. We should aim to enforce the legislation, and educate drivers to positively affect and influence the behaviours of all road users. Careless and Inconsiderate Driving Offence ‘If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention or without reasonable consideration for other persons using the road or place, he is guilty of an offence.’ Article 12 Road Traffic (NI) Order 1995 Points to Prove Drives Mechanically propelled vehicle On a road or other public place; And Without due care and attention or without reasonable consideration. Driving Without Due Care and Attention A person is to be regarded as driving without due care and attention if the way he drives falls below what would be expected of a competent and careful driver. Article12A Road Traffic (NI) Order 1995 In determining what would be expected of a careful and competent driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be OFFICIAL [SENSITIVE] Page 63 aware but also to any circumstances shown to have been within the knowledge of the accused. In the interests of the public safety, the standard of driving expected is the same for all drivers. No allowances are made for inexperienced drivers or for errors of judgement. A person who, for example, makes an error by misjudging the speed of a vehicle on a main road, may still be found guilty as the standard of driving was not high enough. Examples of Driving Without Due Care and Attention: Signalling left and turning right. Failing to give way to traffic at a roundabout. Hitting a parked car, lamp post or traffic sign without reasonable excuse. Shaving or applying make-up while driving. Driving Without Reasonable Consideration A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving. Article12A Road Traffic (NI) Order 1995 There must be other persons using the road/public place at the time of the offence. Examples of Driving Without Reasonable Consideration: Failing to dip headlights for oncoming traffic; Driving a bus roughly and causing alarm to passengers; Driving a slow vehicle for a long distance without pulling in to allow the following queue to pass. Defences The defence of automatism, unconsciousness and sudden illness, duress, sudden mechanical defect, assisting in the arrest of offenders and taking part in an authorised motoring event may be used as defence to the offence of careless driving. Automatism: means affliction which overcomes the driver and causes loss of control of vehicle. It must be sudden and unexpected. OFFICIAL [SENSITIVE] Page 64 Causing Death or GBI by Careless or Inconsiderate Driving ‘A person who causes the death of, or grievous bodily injury to, another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.’ Article 11A Road Traffic (NI) Order 1995 Careless Cycling ‘If a person rides a cycle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he shall be guilty of an offence.’ Article 43 Road Traffic (NI) Order 1995 Dangerous Driving Introduction Definition: Dangerous Driving A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.’ Article 10 R.T. (NI) Order 1995 Definition: Dangerous Driving Causing Death or Grievous Bodily Injury ‘A person who causes the death of or grievous bodily injury to, another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.’ Article 9 R.T. (NI) Order 1995 OFFICIAL [SENSITIVE] Page 65  Points to Prove In order to successfully prosecute for the offence of dangerous driving the following points have to be established, to the satisfaction of the court. A person was: driving a mechanically propelled vehicle dangerously on a road or other public place and additionally in the case of Article 9 R.T.(NI) Order 1995 (Dangerous driving causing death) that the offence caused the death of, or grievous bodily injury to, some other person. Sketch A sketch is required for prosecution files involving careless/inconsiderate driving and dangerous driving. Dangerous Driving Meaning For the purposes of Article 9 and 10 a person is to be regarded as driving dangerously if: the way they drive falls far below what would be expected of a competent and careful driver, and it would be obvious to a competent and careful driver that driving in that way would be dangerous OR if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous. Article 11(1) (2) R.T. (NI) Order 1995 OFFICIAL [SENSITIVE] Page 66  Examples of Dangerous Driving/Vehicle in Dangerous Condition Driving falls far below Clarke, travelling at 70 mph in outside lane of the motorway is only inches from the bumper of the vehicle in front. Vehicle in its current state O’Neill, a scrap metal dealer, sets 4 cars, one on top of the other on his flatbed lorry. He then sets out without securing the load as he is sure the weight will hold them on. Dangerous ‘In Article 11(1) and (2) ‘dangerous’ refers to danger either of: Injury to any person or serious damage to property; Article 11(3) R.T. (NI) Order 1995 In determining, the state of a vehicle, consider anything attached to or carried on or in it and to the manner in which it is attached or carried. Notice of Intended Prosecution (NIP) The circumstances of some offences mean the driver needs to be made aware that they are suspected of committing an offence, and cannot be prosecuted without first being so informed within set time limits. OFFICIAL [SENSITIVE] Page 67 For this reason, certain offences can be prosecuted only if the defendant is informed of the possibility of a prosecution: i. at the time of the incident (or within 24 hours); or ii. a notice is served on the person within 14 days reminding them of the facts of the incident and also of the possibility of a prosecution. Offences which require NIP The offences that require a notice of intended prosecution to be served are: dangerous driving; careless and inconsiderate driving; dangerous cycling; careless, and inconsiderate, cycling; leaving vehicles in dangerous positions; contravention of traffic signs (speeding, clearway, etc); contravention of a traffic direction given by a constable in uniform; Driving a vehicle in contravention of any regulation under the R.T. Reg. (NI) Order 1997 with respect to traffic signs. Art 5 R.T.O (NI) Order 1996 NIP not required A notice of intended prosecution is not required if:  the vehicle has been involved in an RTC; or  the offence has been dealt with by issuing a fixed penalty notice. Form of Notices Notice of intended prosecution may be given in the following ways:  Verbally on the offender at the time of the offence or within 24 hours (you must ensure that the alleged offender has heard and understood the warning), or OFFICIAL [SENSITIVE] Page 68   By service of a notice (Form 55/13) on the offender within 14 days of the offence if it was dangerous or careless cycling, or  In all other cases by service of a notice on the offender or owner (at time of offence) of the vehicle within 14 days of the offence, or by serving a summons on the offender within 14 days of the offence. Service of a Notice The notice can be sent by registered post or recorded delivery at the person’s last known address. It will be deemed to have been served even if it is returned from that address. NIP not served Conviction will succeed when a Notice of Intended Prosecution is not served provided the court is satisfied that the name and address of the accused driver or the vehicle’s registered keeper could not reasonably be obtained in time to serve the notice or summons or the accused’s conduct contributed to the failure to serve the notice. Example: The present owner has not informed the DVA of their ownership and the last registered owner does not have an address for the person to whom they sold the vehicle. Disability or Medical Condition Referrals Where police investigating any incident, including a road traffic collision, form an opinion that any person holding a driving licence is suffering from a relevant or prospective disability or medical condition, which would make the driving of a vehicle by them a source of danger to the public, a report of the facts on a Form 55/4 should be made through the DVA liaison officer for the information of the medical section at DVA. Form 55/4 should be completed within the turn of duty and email to zDVANI for immediate referral to the DVA. Urgent Eyesight Referrals Cassie’s Law was introduced in GB in response to a tragedy where Cassie McCord was killed by an elderly motorist who police had previously told not to drive after failing an eyesight test. Police were following the existing procedures to have this man’s licence removed but prior to taking effect the man ignored the advice and drove again. OFFICIAL [SENSITIVE] Page 69 Under the new arrangements with DVA, in serious cases where there is a risk of immediate danger, then a driving licence can be revoked by DVA within minutes of receipt of an email from police. Such cases should be emailed directly to DVA using the email address. [email protected]. Form CL1 should be used to make urgent referrals to DVA. Examples: Careless Driving David is involved in a collision whereby damage is caused to roadside property. He is summoned for careless driving and some weeks later attends court where he puts up a defence of automatism. Under which of the following circumstances could he use such a defence? a. If at the time of the collision he suffered a sudden epileptic fit, or was struck on the head by a stone thrown up by another vehicle, or the brakes on his vehicle suddenly fail. b. If at the time of the collision he suffered a sudden epileptic fit or was struck on the head by a stone thrown up by another vehicle. c. If at the time of the collision he was struck on the head by a stone thrown up by another vehicle or the brakes on his vehicle suddenly fail. d. If at the time of the collision he suffered a sudden epileptic fit or the brakes on his vehicle suddenly fail. The correct answer is B. Explanation: Both options in the answer ‘He suffered a sudden epileptic fit or struck on the head by a stone thrown up by anot