Road Traffic Offenders Act 1988

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Road Traffic Offenders Act 1988

Road Traffic Offenders Act 1988

RRP: £14.90
Price: £7.45
£7.45 FREE Shipping

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Description

section 161A Highways Act 1980 (lighting fires so as to injure, interrupt or endanger users of a highway);

Similar offences can be found in the following Acts: Mutual recognition of driving disqualifications no action should be taken or departure from the standard procedure made where this might prejudice the future interest of any victim Where a driver has obtained a policy of insurance by deception, the policy will be valid so far as liability under section 143 RTA 1988 is concerned until the insurers have taken steps to "avoid" it. Certain exceptions on policies of no effect DPP v King [2008] EWHC 447 (Admin) – a "City Mantis" electric scooter was held to be a motor vehicle.

The date of conviction, on the proviso that the date of the offence was no earlier than 1 August 2017. Mobile phones and driving Section 2(3) RTOA 1988 provides that a failure to meet the requirements shall not prevent conviction where the court is satisfied that: That case concerned a driver using his mobile phone to film the scene of a road traffic collision, which the High Court found was not covered by the Regulations as then drafted.

If a driver is disqualified in the UK as a result of the recognition of an Irish disqualification, and continues to drive in the UK the driver commits the offence of driving whilst disqualified contrary to section 103 of the Road Traffic Act 1988. There is no specific definition of “drive” or “driving” in the RTA 1989 but section 192(1) provides that (except for the purposes of the offence of causing death by dangerous driving) “drive” and “driver” include anyone in another vehicle acting as steersman.

Advanced Features

Proof of disqualification is essential. In R v Derwentside Justices ex parte Heaviside [1996] RTR 384 the Court specified three ways in which a defendant could be proved to have been disqualified: Numerous academic studies from across the world have concluded that the using a hand-held mobile phone whilst driving significantly decreases driver performance Accordingly, the public interest will weigh in favour of a prosecution for a mobile phone offence where the evidential test is met. Alternative Offences

The term 'motor vehicle' is defined in section 185(1) of the Road Traffic Act 1988 and section 136(1) of the Road Traffic Regulation Act 1984 as "a mechanically propelled vehicle, intended or adapted for use on roads". driving a vehicle while under the influence of alcohol or other substances affecting or diminishing the mental and physical abilities of a driver When the motorist stops during the journey the following questions will be relevant in deciding whether they are still driving or not: Prosecutors should note that the list given at Regulation 110(6)(c) is non-exhaustive and therefore it is not necessary to prove that one of these actions was being carried out, provided that there is evidence that what was done can be properly be described as “using” the phone/device. When the evidence reveals a failure to comply with both subsections (2) and (3), proceedings should be brought for both offences. Failing to stop is usually viewed as the more serious of the two offences; it may be appropriate to accept a guilty plea to that offence in many cases. Failing to Conform to Traffic SignWhether or not a person is driving will be a matter of fact and degree in every case but there is some guidance to be found in the RTA 1988 and in case-law. Although this is the legal definition, ultimately it is a matter of fact and degree for a court to interpret as to whether or not a vehicle is a motor vehicle at the time of the incident. This guidance is provided to provide an overview of road traffic practice and procedure for summary offences, as distinct from two other pieces of road traffic guidance, namely: Regulation 110(1) and (2) of the Road Vehicles (Construction and Use) Regulations 1986 prohibit a person from driving, or causing or permitting a person to drive, a motor vehicle on a road if the driver is using a held-hand mobile telephone or a hand-held device with an interactive communication function. Regulation 110(3) prohibits a person from using such a mobile telephone or device while supervising a holder of a provisional license (learner driver), whilst the learner is driving. The Crime (International Cooperation) Act 2003 (CICA 2003) now allows for mutual recognition of driving disqualification between the UK and Ireland. The CICA 2003 provides the method by which a driving disqualification imposed in Ireland or in the UK, upon on a UK or Irish resident, or upon the holder of a UK or Irish driving licence, for certain offences will be recognised and given effect in the UK and in Ireland. Categories of driver behaviour

There will be occasions where although the offence under section 22A RTA 1988 is made out, the charging of one of the less serious offences listed above will be more appropriate. Failing to Stop/Report an Accident If the driver has not returned their licence to the DVLA/DVA by the expiry of the 21 day period of the section 57 notice, then a summary only offence contrary to section 63 of CICA 2003 is committed in Great Britain. Driving disqualifications imposed for an offence arising from such conduct is recognised under the Agreement, even if the actual offence committed is not an offence in the UK. The offence must arise out of one of the above categories.

Charge considerations

section 66 Public Passenger Vehicles Act 1981 - the making of a false statement to obtain such a document. This is a summary offence; regulation 103 Road Vehicles (Construction and Use) Regulations 1986 – (causing or permitting a vehicle to stand on a road so as to cause an unnecessary obstruction) The prosecution has a duty to assist the court by ensuring that correct and full information, both in law and fact, is given. Prosecutors should: The offence is equally serious, whether "use" or "causing or permitting" is involved. There is a clear public interest in prosecuting offenders. Uninsured drivers pose a substantial risk to other road users. See sections on Dangerous Driving and Driving without Due Care and Attention under Road Traffic - Fatal Offences and Bad Driving.



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