RTA 1988
- Created by: Robyn2612
- Created on: 09-03-15 17:23
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- Road Traffic Act 1988
- Section 4
- Driving/ attempting to drive / s4(2) in charge of
- Mechanically Propelled Vehicle.
- A vehicle made/ adapted to carry goods/ passengers on land which is powered by mechanical means.
- GAS
- OIL
- PETROL
- ELECTRICITY
- DIESEL
- STEAM
- A vehicle made/ adapted to carry goods/ passengers on land which is powered by mechanical means.
- On a road/ public place
- Whilst unfit through drink/ drugs
- Power of Entry- S17 PACE 1984
- Power of Arrest S24 PACE 1984 (no breath test needed)
- Section 5
- Drives/ attempts to drive/ in charge of
- Motor Vehicle
- An MPV made/adapted for use on a road
- All Motor Vehicles are MPV not all MPV are motor vehcles
- An MPV made/adapted for use on a road
- On a road/ public place
- After consuming over the prescribed limit of alcohol
- Breath= 35 micrograms per 100 mililiters
- Blood= 80 milligrams per 100 mililiters
- Urine 107 milligrams per 100 mililiters
- Power of Arrest S24 PACE 1984- Exceeds limit/ Fail to co-operate
- Section 6
- Section 6A
- To provide a specimen of breath to indicate whether the person was over the prescribed limit.
- Only administered at or near where the requirement of a specimen was needed or at a police statio
- To provide a specimen of breath to indicate whether the person was over the prescribed limit.
- S6(1)
- Requirement to co-operate with one of more preliminary tests
- S6(6)
- Fail to co-operate with one or more preliminary test ; suspect alcohol- arrest, don't suspect- report
- S6(2) Happening Now
- Has alcohol / drugs in their body or under the influence of a drug
- S6(3) After Event
- still has alcohol/ drugs in their body or under the influence of a drug.
- S6(4) Traffic Offences
- Has committed a traffic offence whilst the vehicle is in motion
- S6(5) Accident
- Accident whilst driving
- S6(E)- Power of Entry
- Accident occurs and caused and injury
- Enter to require PBT
- Arrest person following positive BT
- Failing to co-operate and suspect drink/ drugs/ under the influence of drugs
- Accident occurs and caused and injury
- S6(D) Arrest
- Arrest if: positive PBT, Failure to co-operate if alcohol suspected
- Failure to cooperate alcohol not suspected report for summons.
- Not arrest whilst hospital patient.
- Section 6A
- S7- Provision of a Specimen
- Required to provide 2 specimens of breath / specimen of blood/ urine
- At police station/ hospital/ at or near where PBT administered
- Required to provide 2 specimens of breath / specimen of blood/ urine
- S9- Hospital Procedures
- Request a breath test if negative no further action required
- Can request blood/urine test if positive breath test/patient unable to/ Dr refused BT
- Must get permission from Dr - Record refusals in PNB
- S10- Detention
- You may detain any person who you have reasonable grounds to believe that may drive/attemot
- S15- Hp Flask Defence
- Try to stop drinking, gather evidence, wait 20 mins if alcohol consumed
- Follow procedure and make require BT
- Section 4
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