Unit 9 Revision.pdf

Unit 9 Revision LESSON 1 – INTRODUCTION TO ROAD POLICING Term Definition “Any way (other than a water way) over which there is public right of passage (by whatever m...

Unit 9 Revision LESSON 1 – INTRODUCTION TO ROAD POLICING Term Definition “Any way (other than a water way) over which there is public right of passage (by whatever means) and whether subject to a toll or not and includes Road the road’s verges and any bridges (whether permanent or temporary) over which, or tunnel through which, the road passes and any referenced to a road includes parts thereof” Public Road “A road which a roads authority has a duty to maintain.” Motor Vehicle “A mechanically propelled vehicle intended or adapted for use on the roads.” Driving “Having control of the speed and direction of the vehicle.” The following Acts and Regulations deal with the most common road-policing offences: 1. Road Traffic Act 1988 – Deals with offences relating to the driving behaviour of motorists. 2. Vehicle Excise and Registration Act 1994 – Deals with registration marks and owners having to pay for a vehicle excise licence. 3. Road Vehicles (Construction and Use) Regulations 1986 – Roadworthiness requirements of a motor vehicle. 4. Road Traffic Offenders Act 1988 – Consolidate certain enactments relating to the prosecution and punishment of road traffic offences. Mechanically propelled includes propulsion by internal combustion engine, steam or electricity. A vehicle will remain mechanically propelled providing motive power can readily be applied or re-applied. The following examples are classed as MPVs: Motor car with no engine but where the possibility exists that the engine may soon be replaced Broken down vehicle which may be repaired A towed vehicle which could not be driven Stock cars, grass cutting vehicles, go-karts or a tank. In order for a vehicle to be “subsequently adapted”, an individual modifies by adding indicators, mirrors etc. to enable it to be registered for use on the road. A motor vehicle must have some form of engine for it to be mechanically propelled. All motor vehicles are MPVs but not all MPVs are motor vehicles. Recently there has been an increase in the use of vehicles such as mini moto’s, quad bikes and e-scooters, these are considered as MOTOR VEHICLES and as such subject to the requirements of being insured, driver /rider having an appropriate licence etc. LESSON 2.1 – DRIVING DOCUMENTS – INSURANCE 1st Party – Insurance Company 2nd Party – User of the Motor Vehicle 3rd Party – Person injured or whose property is damaged. Legal minimum requirement for insurance cover for motorists consists of insurance to cover 3rd party risks only. Section 143 of the RTA 1988 creates an offence for any person to use, or cause or permit the use of a motor vehicle on a road or other public place without a policy or insurance covering 3rd party risks being in force. Will not be convicted if the defence can prove: Vehicle did not belong to the driver AND Vehicle not hired to the driver AND Vehicle was being driven by them in the course of their employment AND Person neither knew nor had reason to believe that there was no insurance cover. Exemptions from Requiring Insurance: 1. Vehicles owned by the Crown 2. Local authority vehicles 3. Police authority vehicles 4. Vehicles owned by a person who has deposited £500,000 with the supreme court 5. Vehicle driven for police purposes by or under the direction of a PC Section 165 of the RTA 1988 – PC’s have the power to require the production of a Certificate of Insurance from any person who is driving a motor vehicle on a road or the officer has reasonable cause to believe the person has been the driver of a motor vehicle at a time when a collision occurred. Requirement to produce driving documentation is carried out through a Home Office/Road Traffic 1 (HO/RT1) procedure. HO/RT1 Procedure – Offence for a person lawfully required to produce their driving documents to fail to produce. However, recognised that many people do not carry them at all times. The documents must be produced within a period of 7 days beginning on the day after the requirement was made. LESSON 2.2 – DRIVING DOCUMENTS – REGISTRATION, EXCISE AND TEST CERTIFICATES On registration, the vehicle is issued with a registration mark and the owner with a registration document (V5C). When a vehicle is sold, the following obligations are placed with regard to completion of the V5C: The previous keeper writes the new keeper’s name and address in the “new keeper’s” section. The previous keeper sends the appropriate part to the DVLA. Both new and previous keeper sign and date the declaration section. FRONT REAR Excise Licence (Road Tax) – When a vehicle is used or kept on a public road, it must have an excise licence valid for 6 – 12 months. Section 29 of the Vehicle Excise and Registration Act 1994 – creates an offence for any person to keep or use a vehicle without a valid vehicle excise licence. Offender will be reported directly to DVLA. Trade Licences – Special vehicle licences issued to motor traders and vehicle testers. Car garages might have multiple. Motor Vehicles can only be used on a road if an M.O.T test has been conducted, passed and certificate has been issued for the vehicle. Section 47 of RTA 1988 creates an offence for any person to use, or cause or permit the use, of a motor vehicle on a road without a valid test certificate. All new vehicles require a test certificate 3 years after the first date of registration. If a vehicle has been used on a road prior to being registered, then it will be 3 years from manufacture date. LESSON 3 – DRIVING LICENCES Section 87 of RTA 1988 - Driving without a Licence – Offence to drive, or cause or permit another person to drive otherwise in accordance with a licence authorising them to drive a motor vehicle of that class. Provisional is green – Full is pink. Information found on most driving licences: Driver Number Electronic Endorsements (Recorded on PNC) Name and Address of Holder Type of Licence Entitlements Date of Issue / Expiry Moped – A motor vehicle that has fewer than four wheels and does not exceed 50cc and maximum speed does not exceed 30mph. To hold a provisional licence, must be a minimum of 16 years old, display L plates and not carry pillion passengers. Motorcycle – A mechanically propelled vehicle (not being an invalid carriage) with less than 4 wheels and not exceeding 410kg. To hold a provisional licence, must be a minimum of 17 years old, display L plates, not carry pillion passengers and not ride on a motorway. For a provisional car licence holder, must be a minimum of 17 years old, to drive the vehicle on a motorway, they must be supervised by an approved driving instructor AND the car fitted with dual controls. The supervisor MUST be at least 21 years old AND has held a full licence for a minimum of 3 years. Section 164 of RTA 1988 – Constable may require a person to produce their driving licence. A person is required to produce their driving licence for inspection when required to do so; or within 7 days after the day the production was required (HO/RT1 procedure). The driver MUST produce their licence and receipt personally to verify identity from the licence image. Section 103 of RTA 1988 – Disqualified Driving (Disco Driver) New drivers are subject to a “probationary period” of 2 years from the day they pass their test. 6 or more penalty points accumulated within this period and the licence will be revoked. LESSON 4 – DANGEROUS AND CARELESS DRIVING / CYCLING Section 2 of RTA 1988 – Dangerous Driving: “If a competent and careful driver would consider: That the driving falls far below his or her standards AND Would consider the driving to be dangerous; OR That the current state of the vehicle being driven is dangerous.” Dangerous refers to danger of either injury to any persons OR serious damage to property. Section 3 of RTA 1988 - Careless Driving: “An offence for any person to drive a mechanically propelled vehicle on a road or public place, without due care and attention; or without reasonable consideration for other people.” Road Traffic Act 1988 Statutory Homicides Section 1 Death by Dangerous Driving Section 2 Death by Careless or Inconsiderate Driving Section 3A Death by Careless driving whilst under the influence Section 3ZB Death whilst driving unlicenced, disqualified or uninsured Section 28 of RTA 1988 – Dangerous Cycling: A person is regarded as riding dangerously only if: The manner of their riding falls far below what would be expected of a competent and careful cyclist and It would be obvious to a competent and careful cyclist that riding in that manner would be dangerous. Section 29 of RTA 1988 – Careless Cycling: Creates an offence for any person to ride a cycle on a road without due care and attention or consideration for other road users. LESSON 5 – DUTY OF DRIVERS TO GIVE INFORMATION Section 172 of the RTA Act 1988 – Where a driver or rider of a vehicle (including a pedal cycle) is alleged to have committed a relevant offence, a PC is authorised by the Chief Constable in writing, require certain people to supply information as to the identity of the driver / rider at the time of the offence. The certain people required to give information are as the vehicle’s registered keeper or owner and any other person who may have this information. Any such person who fails to give information when required commits an offence. LESSON 6 – WARNING OF INTENDED PROSECUTION Section 1 of the Road Traffic Offenders Act 1998 states that when you are dealing with certain road traffic offences you are required to give notice to the offender that they may be prosecuted. This acts as an early warning to the offender. Road Traffic Act 1988 Section Offence Section 2 Dangerous Driving Section 3 Careless Driving Section 22 Dangerous Parking Section 28 Dangerous Cycling Section 29 Careless Cycling Section 35 Failing to comply with traffic directions Section 36 Failing to comply with traffic signs Road Traffic Regulations Act 1984 Section Offence Section 16 Ignoring temporary traffic prohibitions Section 17(4) Speeding on motorways Section 88(7) Driving below minimum speed limits Section 89 General speeding Can issue warning of intended prosecution verbally at time of offence: “You will be reported for a consideration of the question of prosecution under (state relevant Section and Act contravened).” If not warned at the time, the PF can comply with Section 1 of the Act by sending a written “Notice of Intended Prosecution” to the offender or registered keeper of the vehicle within 14 days. Can also serve copy complaints but this method is normally only used when a person is kept in custody to appear in court or released on an undertaking. LESSON 7.1 – COMMON ROAD POLICING OFFENCES PART 1 SEAT BELT LEGISLATION Whose Front Seat Rear Seat Responsible Driver YES N/A Driver Appropriate Appropriate Child under 3 years of age child restraint child restraint Driver must be worn must be worn Appropriate Appropriate Small child (Under 12 years and under 135cm) child restraint child restraint Driver must be worn must be worn Child (12 or 13 or over 135cm) YES YES Driver Passengers 14 years or over YES YES Passenger The following mnemonic relates to adult seat belt exemptions: L plates (supervisor overseeing a person performing a manoeuvre that includes reversing) Emergency vehicles Taxis (licensed and ONLY WITH PASSENGERS) Steering backwards (Reversing) Belts not available Show medical exemption cert A journey of no more than 50M (deliveries) Fault, mechanical testing Endangerment to person conducting driving test LESSON 7.2 – COMMON ROAD POLICING OFFENCES PART 2 All Police Scotland officers are authorised vehicle examiners as per Section 67 of the RTA 1988. Under Regulation 27 of the Road Vehicles (Construction and Use) Regulations 1986 it is an offence for pneumatic tyres to have any of the following defects: Unsuitable for use Not inflated Cut Lumps, bulges or tears Exposed ply or cord. Regulation 99 of the Road Vehicles (Construction and Use) Regulations 1986 states it is an offence for any person to cause or permit the warning instrument (horn) of a vehicle to be sounded if: The vehicle is stationary on the road Vehicle is on a restricted road (built-up area) between the hours of 23:00 – 07:00 The instrument consists of a bell, two-tone horn or siren as used by emergency services Daytime Hours – Half an hour before sunrise and half an hour after sunset Hours of darkness – Half an hour after sunset and half an hour before sunrise. LESSON 8 – POLICE CONSIDERATIONS AT A ROAD TRAFFIC COLLISION Approach Caution Signs / Cones Examine Scene Casualties Ambulance, Fire & Other Emergency Services Remove Obstructions Detailed Investigation PLACING “POLICE SLOW” SIGNS Speed Limit Distance From Start of the Cone Taper 70mph (inc motorways) 300 Metres 600 Metres 900 Metres 50mph – 60mph 300 Metres 600 Metres 900 Metres* 40mph – 50mph 200 Metres 400 Metres 30mph or less 50 Metres Speed Dependant Distances Speed Limit Stopping Distance 1st cone from rear of Police Vehicle Police Vehicle from Scene 30mph 75ft = 23m 50m 15m 40mph 120ft = 36m 50mph 175ft = 53m 100m 50m 60mph 240ft = 73m 70mph 315ft = 96m LESSON 8 – DUTY OF DRIVERS AT A ROAD TRAFFIC COLLISION Section 170 – Reportable Road Collisions – Reportable in the following circumstances: Personal injury to a person other than the driver of that vehicle Damage caused to another vehicle or trailer drawn by it Injury caused to an animal not being carried by that vehicle Damage to other property is caused, which is on or near the road. HOW Horse CAN Cattle A Ass MOTORIST Mule SEE Sheep GOOD Goat PEOPLE Pig DIE Dog Section 170(2) – The driver of a mechanically propelled vehicle involved in a reportable road traffic collision must: STOP!!! Supply the following details if required to do so by any person having reasonable grounds for requiring them: o Driver’s name and address o Vehicle owner’s name and address o VRM Section 170(6) – If for any reason the driver does not give their name and address under Section 170(2) they must report the collision in person at a police station or personally to a PC ASAP within 24 hours. LESSON 10.1 – SECTION 5, ROAD TRAFFIC ACT 1988 DRINK DRIVING Section 5 RTA 1988 Drink Driving – Offence for any person to drive, attempt to drive or be in charge of a motor vehicle on a road or other public place having consumed alcohol in such quantity that the proportion of alcohol in their breath, blood or urine exceeds the prescribed limit. An attempt to drive = made some positive act to put the vehicle in motion but has failed to do so. Charge = Possession of the ignition key and proximity to driving position. Breath 22 MICROGRAMMES of alcohol in 100ml of breath Blood 50 MILLIGRAMMES of alcohol in 100ml of blood Urine 67 MILLIGRAMMES of alcohol in 100ml of urine Section 6 RTA 1988 Roadside Test – Provides officers with the power to require a specimen of breath where it is believed an offence under S5 or is being committed. A constable in uniform may require a person to supply a breath test if they have reasonable cause to suspect: 1. The person has alcohol in their body OR 2. The person has committed a moving traffic offence; OR 3. The person was involved in an RTC POWER OF ARREST = SECTION 6 ROAD TRAFFIC ACT 1988 Section 7 RTA 1988 Station Procedure Intoximeter – Fail that, prosecuted for Section 5. LESSON 10.2 – SECTION 4 & 5A, ROAD TRAFFIC ACT 1988 DRINK & DRUG DRIVING Section 4 RTA 1988 – Offence for any person to drive, attempt to drive or be in charge of a mechanically propelled vehicle whilst UNFIT through drink or drugs. Prosecution must prove that accused was: Unfit to drive and The impairment was due to drink or drugs. Locus Procedures: Section 6B RTA 1988 – Preliminary impairment test can be conducted by PC Section 6C RTA 1988 – Allows a PC to take a sample of sweat or saliva to test via an approved device (drugwipe) to test for cannabis and cocaine. POWER OF ARREST = SECTION 1 CRIMINAL JUSTICE (SCOTLAND) ACT 2016 Section 4 – Unfit through drink or drugs Section 5A – Drug consumption exceeding specified limits. LESSON 11 – CONDITIONAL OFFERS Endorsable – For serious motoring offences, endorsement placed onto offender’s licence (Fixed penalty + PTS) Non-Endorsable – Not considered serious enough for PTS Offender has 28 days following the date in which the conditional offer was issued. Conditional offers must be offered and accepted by the offender. If declined, a report submitted to PF. Non-Endorsable conditional offer may be made to any person 16 or over. An Endorsable conditional offer may only be made to a person: Who holds a DVLA driving licence who is not liable to disqualification under the totting up procedure or Where it is not known whether they hold such a licence Who when stopped does not have a licence in their possession, in which case it should be assumed that they are the holder of a DVLA driving licence Endorsable conditional offers should NOT BE MADE to persons who would be liable for disqualification under the totting up procedure. When a conditional offer is issued, the offender must also be cautioned and charged. Number of Number of Non-Endorsable Offences Endorsable 0 1 2 3 4+ Offences 0 CO CO CO R 1 CO CO CO CO R 2+ R R R R R Vehicle Defect Rectification Scheme Opportunity to avoid prosecution Participation in scheme is voluntary Caution & Charge the driver with the offence. Form must be returned to Police within 21 days from the date of issue. If complied with, no further action is taken regarding offence.