National Police Promotion Framework (NPPF) Step 2 Legal Exam (OSPRE Part 1) Road Traffic Flashcards

24 sample cards from the Road Traffic deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. What offence does s.5A RTA 1988 create, and how does it differ from s.4?

   Driving/attempting to drive (or being in charge) with a specified controlled drug in the body above its specified limit. Unlike s.4 (which requires proof of impairment), s.5A requires only that the concentration exceeds the specified limit, regardless of impairment.

2. What is the difference between "driving/attempting to drive" and "in charge" offences for excess alcohol?

   "Driving or attempting to drive" (s.5(1)(a)) attracts mandatory disqualification. "In charge" (s.5(1)(b)) applies where the person had not yet driven; it carries a statutory defence that there was no likelihood of driving while over the limit, and disqualification is discretionary.

3. Under s.6 RTA 1988, what three types of preliminary test may a constable administer at the roadside?

   (1) Preliminary breath test, (2) preliminary impairment test (FIT — field impairment test), and (3) preliminary drug test (saliva/sweat). They may be required where there is reasonable suspicion of drink/drugs, a moving traffic offence, or following an accident.

4. Under s.7 RTA 1988, what specimens may be required for analysis at a police station, and how many breath specimens are taken?

   A specimen of breath (via an approved evidential breath machine), or of blood or urine. Two specimens of breath are required, and the one with the LOWER proportion of alcohol is used as evidence.

5. Explain the "statutory option" under s.8(2) RTA 1988 regarding low breath readings.

   Where the lower of the two evidential breath specimens does not exceed $50\ \mu g$ per $100\ \text{ml}$, the person may claim to have it replaced by a specimen of blood or urine. It is then for the constable to decide whether blood or urine is provided.

6. When can blood/urine be required instead of breath at the station under s.7(3)?

   Where breath cannot be provided/taken for medical reasons, the approved breath device is unavailable or unreliable, the constable reasonably believes a medical condition exists, a drug-related condition is suspected, or in s.5A drug cases. A medical practitioner must decide if there is a medical reason precluding blood.

7. What is the offence of failing to provide a specimen under s.7(6) RTA 1988?

   Failing, without reasonable excuse, to provide a specimen of breath, blood or urine when lawfully required. The penalty can be as severe as the equivalent excess alcohol offence (mandatory disqualification where driving/attempting to drive).

8. What constitutes a "reasonable excuse" for failing to provide a specimen?

   Generally only a physical or mental inability to provide, or a substantial risk to health in doing so. It must arise from a medical or physical cause; refusal due to wanting a solicitor first, or moral/religious objection, is not a reasonable excuse.

9. What is the "hip-flask" (post-driving drinking) defence and where does the burden lie?

   A defence to excess alcohol where the defendant proves they consumed alcohol AFTER they stopped driving (and before providing the specimen), and that but for that consumption they would not have been over the limit. The burden is on the defendant, usually requiring expert (back-calculation) evidence.

10. Under s.89(2) RTA 1988 (corroboration rule for speeding), can a person be convicted of speeding on the opinion evidence of one witness alone?

    No. A person cannot be convicted of speeding solely on the opinion evidence of one witness as to speed. Corroboration is required (e.g. a second witness, or a calibrated speed-measuring device reading).

11. What are "special reasons" in the context of avoiding disqualification/penalty points?

    Special reasons are mitigating circumstances relating to the OFFENCE (not the offender) that allow a court to reduce or avoid an otherwise mandatory disqualification or endorsement — e.g. spiked drinks, a very short distance driven in an emergency. They must be a direct cause and not amount to a defence.

12. Under s.170 RTA 1988, what triggers the duty to stop and report following a road traffic collision?

    The duty arises where, owing to the presence of a mechanically propelled vehicle on a road or public place, an accident causes injury to another person, or damage to another vehicle, to property on/adjacent to the road, or injury to a relevant animal.

13. What must a driver do at the scene under the s.170 duty to STOP?

    Stop and remain at the scene long enough to give, if required by anyone with reasonable grounds, their name and address, the vehicle owner's name and address, and the registration mark of the vehicle.

14. Under s.170, when and how must an accident be REPORTED to police?

    Where name and address are not given at the scene (or where personal injury occurred and insurance is not produced), the driver must report the accident at a police station or to a constable in person as soon as reasonably practicable and in any case within 24 hours. Reporting within 24 hours does not excuse a failure to stop.

15. In a personal-injury collision, what additional document obligation arises under s.170(5)?

    If a person other than the driver is injured, the driver must produce a certificate of insurance. If they fail to produce it at the scene, they must report the accident to police and produce the certificate within 7 days at a nominated police station.

16. What is the core requirement of s.143 RTA 1988?

    It is an offence to use, or cause or permit another to use, a motor vehicle on a road or public place without a valid policy of insurance (or security) in respect of third-party risks. "Using" without insurance is effectively a strict-liability offence for the user.

17. What does s.47 RTA 1988 (MOT/test certificate) require?

    It is an offence to use on a road a motor vehicle (of a class requiring a test) that is more than the prescribed age (generally 3 years) without a valid test (MOT) certificate, subject to exemptions (e.g. driving to a pre-booked test).

18. Under s.40A RTA 1988, what is the "dangerous condition" offence?

    Using (or causing/permitting use of) a vehicle on a road when its condition, the manner of loading, the number of passengers, or the weight/distribution/securing of the load is such that its use involves a danger of injury to any person.

19. What is the offence under s.41A/s.41B and the Construction and Use Regulations concerning brakes, steering and tyres?

    It is an offence to use a vehicle with defective brakes, steering gear or tyres, or in breach of construction and use requirements (e.g. weight limits), contrary to the Road Vehicles (Construction and Use) Regulations 1986 and ss.41A–41B RTA 1988.

20. Under s.1 RTOA 1988, which offences require a Notice of Intended Prosecution (NIP), and what is the time limit?

    Offences such as dangerous driving, careless/inconsiderate driving, speeding, certain traffic-sign offences and leaving a vehicle in a dangerous position. The defendant must be warned at the time of the offence, OR served (or the registered keeper served) with an NIP or summons within 14 days of the offence.

21. Name three exceptions where a Notice of Intended Prosecution is NOT required despite the offence being a NIP offence.

    (1) Where an accident occurred in consequence of the offence; (2) where the defendant was warned of prosecution at the time of the offence; (3) where a fixed penalty notice was served. Also, failure of service is no bar if it was due to the defendant's conduct or untraceable address.

22. What is a Fixed Penalty Notice (FPN) and the distinction between endorsable and non-endorsable FPNs?

    An FPN allows an offence to be dealt with by a set penalty (fine and, if applicable, points) without going to court. Non-endorsable FPNs carry only a fine (e.g. some parking/lighting offences); endorsable FPNs carry a fine plus penalty points and require the licence to be surrendered/checked for eligibility.

23. What is the conditional offer / "totting up" disqualification threshold under the penalty points system?

    A driver who accumulates 12 or more penalty points within a 3-year period is liable to a "totting up" disqualification (minimum 6 months), unless the court finds mitigating circumstances. New drivers have their licence revoked at 6 points within 2 years of passing.

24. Compare the seizure power under s.165A with the seizure power under s.59 Police Reform Act 2002.

    s.165A RTA 1988 allows seizure for no insurance or no licence. s.59 Police Reform Act 2002 allows seizure of a vehicle being used in a manner causing alarm, distress or annoyance (anti-social use, careless/inconsiderate driving off-road or on road), normally after a warning unless impracticable.

What this deck covers

Road Traffic flashcards FAQ