Road Traffic Law

by Cooper, Simon; Orme, Michael

• ISBN13: 9780199296835
• ISBN10: 0199296839
• Format: Paperback
• Copyright: 2006-11-10
• Publisher: Oxford University Press

Summary

This text is a practical guide to UK road traffic law. It covers all the principal aspects of road traffic law including driving offences, driver identification, alcohol and drug related offences, licensing and insurance, traffic signs and fixed penalties.

Author Biography

Simon Cooper is a Senior Lecturer in Law at the University of Sunderland where he teaches Criminal Law and Evidence. Previously he was a serving police officer with the Greater Manchester Police from 1976 to 1983, the majority of this time being spent on Road Traffic duties. He was then a lecturer in law at the University of Newcastle upon Tyne from 1990 to 2002, specialising in Criminal Law and Evidence. He has published widely in numerous legal journals and is the co-author of Elliott & Wood's: Cases and Material on Criminal Law.
Michael Orme retired from Greater Manchester Police in November 2004 having completed 30 years police service. He specialised in Road Traffic Policing in his career having spent over 25 years on Road Policing Units both on inner city and territorial divisions

Table of Contents

Table of Cases	xi
Table of Primary Legislation	xv
Table of Secondary Legislation	xix
1 Definitions and Basic Concepts	1	(14)
1.1 Road	2	(2)
1.2 Motor Vehicles	4	(3)
1.3 Motor Cycles and Similar Vehicles	7	(2)
1.4 Goods Vehicles	9	(1)
1.5 Passenger Vehicles and Trailers	10	(1)
1.6 Other Basic Concepts	10	(5)
2 Accidents, Dangerous and Careless Driving	15	(20)
2.1 Accidents	16	(5)
2.2 Dangerous Driving	21	(3)
2.3 Careless and Inconsiderate Driving	24	(6)
2.4 Causing Death While Disqualified, Unlicensed or Uninsured	30	(1)
2.5 Driver Improvement Scheme	31	(1)
2.6 Questions and Answers	32	(3)
3 Notices of Intended Prosecution and Driver Identification	35	(14)
3.1 Notices of Intended Prosecution	36	(4)
3.2 Driver Identification—Road Traffic Act 1988, s 172	40	(5)
3.3 Questions and Answers	45	(4)
4 Driving with Drink or Drugs	49	(20)
4.1 Unfitness to Drive	50	(2)
4.2 Driving Over Prescribed Limit	52	(1)
4.3 Defence to 'In Charge' Offences	53	(2)
4.4 Preliminary Testing	55	(3)
4.5 Preliminary Test and Accidents	58	(1)
4.6 Powers of Arrest and Entry	59	(1)
4.7 Provision of Specimens for Analysis	60	(4)
4.8 Hospital Patients	64	(1)
4.9 Failing to Provide Evidential Specimen	64	(2)
4.10 Questions and Answers	66	(3)
5 Insurance and Vehicle Test Certificates	69	(18)
5.1 Requirement for Insurance	70	(5)
5.2 Terms and Conditions of Use	75	(1)
5.3 Inspection of Documents	76	(2)
5.4 Seizure and Retention of Vehicles Driven without Licence or Insurance	78	(2)
5.5 Vehicle Test Certificates	80	(2)
5.6 Forgery of Documents	82	(1)
5.7 Vehicle Examiners and Testing of Vehicles	83	(1)
5.8 Questions and Answers	84	(3)
6 Driver Licensing	87	(12)
6.1 Obtaining a Licence	88	(2)
6.2 Production of Licences	90	(1)
6.3 Driving Otherwise than in Accordance with Licence	91	(1)
6.4 Driving Whilst Disqualified	92	(1)
6.5 Learner Drivers	93	(2)
6.6 Physical Fitness to Drive	95	(1)
6.7 Questions and Answers	96	(3)
7 Construction and Use and Vehicle Lighting	99	(16)
7.1 Type Approval Systems	100	(1)
7.2 Vehicle Defect Rectification	100	(1)
7.3 Specific Construction and Use Regulation Offences	101	(10)
7.4 Lighting	111	(3)
7.5 Questions and Answers	114	(1)
8 Traffic Signs and Pedestrian Crossings	115	(14)
8.1 Traffic Signs	116	(4)
8.2 Directing and Stopping Traffic	120	(2)
8.3 Pedestrian Crossings	122	(4)
8.4 School Crossings	126	(1)
8.5 Questions and Answers	127	(2)
9 Operators Licences, Driver Hours and Tachographs	129	(16)
9.1 Goods Vehicle Operator's Licences	130	(4)
9.2 Driver Hours—Community Rules	134	(3)
9.3 Driver Hours—Domestic Rules	137	(2)
9.4 Tachographs	139	(6)
10 Vehicle Excise Licences and Registration	145	(14)
10 1 Vehicle Excise Licences	146	(7)
10.2 Registration Marks	153	(4)
10.3 Questions and Answers	157	(2)
11 Fixed Penalties	159	(8)
11.1 Fixed Penalty Procedure	160	(1)
11.2 Issue of Notice—Driver Present	161	(3)
11.3 Issue of Notice—Driver Not Present	164	(1)
11.4 Unlawful Removal or Interference with Notice	164	(1)
11.5 Suspended Enforcement Period	164	(1)
11.6 Choice to Issue Fixed Penalty	165	(1)
11.7 Conditional Offers	165	(1)
11.8 Questions and Answers	166	(1)
12 Speeding and Miscellaneous Offences	167	(24)
12.1 Speeding	168	(7)
12.2 Leaving Vehicles in Dangerous Position	175	(1)
12.3 Driving Motor Vehicles Off-Road	176	(1)
12.4 Parking Heavy Commercial Vehicles on Verges	177	(1)
12.5 Motor Vehicles and Hand-Held Phones	177	(2)
12.6 Seat Belts	179	(3)
12.7 Motor Cycle Crash Helmets and Eye Protectors	182	(1)
12.8 Obstructing the Road or Highway	183	(2)
12.9 Vehicles Used for Harassment	185	(2)
12.10 Taxis	187	(1)
12.11 Questions and Answers	188	(3)
APPENDICES
1 Road Traffic Offenders Act 1988, Schedules 2 and 3	191	(22)
2 Road Vehicles Lighting Regulations 1989, Regulation 27	213	(2)
3 Motor Vehicles (Driving Licences) Regulations 1999, Schedule 2 and Regulations 11 and 19	215	(6)
4 Driving Licence Information Codes	221	(2)
5 Driving Licence Endorsement Offence Codes	223	(6)
Index	229