Road Traffic Offences

Causing Serious Injury Dangerous Driving

Section 1A of the Road Traffic Act 1988 states:

"A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence. "

Points to Prove

1. The suspect was driving dangerously;

2. The dangerous driving caused physical harm that amounts to the level of grievous bodily harm as set out by the Offences against the person act 1961

Section 3 of the Road Traffic Act 1988 states:
"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. "

Section 3A of the Road Traffic Act 1988 defines dangerous driving as:

"A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver."

The CPS Guidence for proseccutors sets out several examples of what can be considered carless and insonsiderate driving which include but are not limited to:

• speeding, which is not aggravated by the prevailing road or traffic conditions, but which is inappropriate

• momentarily or inadvertently changing lanes without warning or driving too close to the vehicle in front

• overtaking on the inside i.e. inappropriate but not obviously dangerous overtaking

• momentary inattention through mobile phone use, tuning a radio, reading a newspaper/map, talking to and looking at a passenger, selecting and lighting a cigarette or by adjusting the controls of electronic equipment such as a radio, hands-free mobile phone or satellite navigation equipment

• other misjudgments, such as inadvertently driving through a red light or proceeding without sufficient caution from a side road

Section 4 of the Road Traffic Act 1988 states:
"(1)A person who, when driving or attempting to drive a [F1mechanically propelled vehicle] on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.

(2)Without prejudice to subsection (1) above, a person who, when in charge of a [F1mechanically propelled vehicle] which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence."

Preliminary Impairment Test

Section 6 of the Road Traffic act 1988 empowers constables to administer preliminary impairment tests. The CPS guide for prosecutors states:

"an impairment test, which consists of a series of physical tasks, set by the constable. By observing the person's ability to perform these tasks, and making such other observations of the person's physical state as the constable thinks expedient, the constable can obtain an indication whether the person is unfit to drive and, if he is, whether his unfitness is likely to be due to drink or drugs. "

Points to Prove

1. The suspect was under the influence of drink or drugs;

2. The suspect was driving, attempting to drive or was in charge of a mechanically propelled vehicle;

3. There is sufficient evidence to show the suspect was impaired. 

Section 12 of the Road Traffic Act 1988 states:
"A person who promotes or takes part in a race or trial of speed between motor vehicles on a public way is guilty of an offence.."

Points to Prove

1. The suspect promoted or took par in a race of time trial;

2. The race took place on public ways;

3. The race was between motor vehicles. 

Section 19 of the Road Traffic Act 1988 , sets out that is is an offence to park  a heavy goods vehicle on a verge of a road, between two carriageways, or on a footway unless:

1. That it was parked in accordance with permission of a constable in uniform; or

2.  that it was parked in contravention of this section for the purpose of saving life or extinguishing fire or meeting any other like emergency, or

3. that the vehicle was parked for the purpose of loading and unloading that could not have been satisfactorily completed had it not been parked on the footpath or verge and the vehicle was not left alone at any time while it was parked.
   Points to Prove

1. The vehicle was a Heavy Goods Vehicle (over 3.5 tonnes);

2. The HGV was parked on a verge, between two carriageways or on a footpath. 

3. None of the exemptions above apply. 

Section 22 of the Road Traffic Act 1988 , sets out that is is an offence to leave a vehicle or trailer in any position or condition that risks danger or injury to others
Points to Prove

1. The suspect was in charge of the vehicle;

2. The suspect left the vehicle, or trailer in a position, or in a condition that risked injury to others

Section 22A of the Road Traffic Act 1988 , sets out that is is an offence to leave a vehicle or trailer in any position or condition that risks danger or injury to others
Points to Prove

1. The suspect was in charge of the vehicle;

2. The suspect left the vehicle, or trailer in a position, or in a condition that risked injury to others

Section 34 of the Road Traffic Act 1988 , sets out that is is an offence for any individual to drive a mechanically propelled vehicle elsewhere than the roads unless: 

1. They're parking the vehicle on land within 15 yards of the road;

2. The purpose of saving life or extinguishing fire or meeting any other like emergency.

Points to Prove

1.  The driver drove a mechanically propelled vehicle anywhere other than a road:

2. The driver did not have a lawful reason to drive anywhere other than the road

Section 35 of the Road Traffic Act 1988 , sets out that if the driver of a vehicle on the road is directed by a constable who is regulating traffic to stop, make it procced in or stay in a particular line of traffic they must do so else they are guilty of an offence. 

Points to Prove

1. A constable issued directions to the driver

2. The driver failed to comply with those directions

Section 36 of the Road Traffic Act 1988 sets out that the driver of a vehicle commits an offence if they fail to comply with a road traffic sign placed lawfully on or near a road. 

Points to Prove

1. The driver failed to comply with a traffic sign;

2. The traffic sign was lawfully placed;

3. the traffic sign was un obstructed;

4. The traffic sign was of the prescribed shape, size and colour. 

Section 87 of the road traffic act sets out that it is an offence for any person to drive a motor vehicle on the road unless they are in possession of a licence for that class of vehicle:

Vehicle Classes:

Drivers Licence (Class B)

• Any Car or van being used not for high or reward

Commercial Licence (Class C)

• Any heavy good vehicle:

  • Phantom;

  • Packer;

  • Hauler;

  • Flatbed;

  • Trash master 

• Driving any vehicle for higher or reward:

  • Food Delivery jobs;

  • Sanitation Job;

  • Mechanic Job;

  • Taxi

Points to Prove

1. The Suspect was driving a mechanically propelled vehicle

2. The vehilce was being driven on a public road

3. The suspect cannot prove they were in possession of the relevant classification of licence at the time of driving. 

Section 163 of the Road Traffic Act 1988 gives constables in uniform the power to stop a vehicle or cycle on the road and Section 163(3) of the Road Traffic Act 1988 states that its an offence if an individual fails to  comply with a direction to stop. 

Points to Prove

1. A constable required a vehicle to stop;

2. The requirement to stop (Sirens, Lights or verbal instructions) would have been able to be seen/heard by the suspect

3. the suspect was driving the vehicle

4. the vehicle failed to stop or having stop made off from a stop. 

Section 168 of the Road Traffic Act 1988 sets out that any person alleged to have driven a vehicle dangerously as defined under section 2of the Road Traffic Act 1988 or Carelessly as set out under section 3 of the Road Traffic Act 1988 is required, when requested to provide their name, and address. Failing to do so or giving a false name or address is an offence

Points to Prove

1. There are reasonable grounds to suspect that the suspect has recklessly, carelessly or inconsiderately

2. The suspect was instructed to provide their name and/or address

3. The suspect was informed that failing to provide their name and/or address is an offence

4. The suspect failed to provide their name and/ or address or gave a false name and/or address.

Section 170 of the Road Traffic Act 1988 sets out that if the driver of a mechanically propelled vehicle has a collision with any other vehicle, animal or object which caused injury or damage to the vehicle, animal or object then they have a duty to stop and provide if requested to do so their name and address as well as the name and address of the vehicles owner, or report the incident to the police providing that information to them.  Failing to do so is an offence

Points to Prove

1. The suspect was the driver of a mechanically propelled vehicle

2. That vehicle was involved with a collision with any other vehicle. person,animal or object

3. This collision caused injury or damage to the other vehicle, person, animal or object;

4. The suspect failed to stop, or failed to provide their name and/or, address when required to do so by the third pary or failed to report the incident to the police