RTA 1988

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  • 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
      • 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
      • 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
      • 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
      • 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.
    • 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
    • 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

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