State the definition of a highway under the Highways Act 1980.
All roads, bridges, carriageways, cartways, horeseways, bridleways, footways, causeways, churchways and pavements. Generally it means a way over which the public have a right to pass and repass.
State the definition of obstruction, contrary to S137 of the Highways Act 1980.
It is an offence for a person, without lawful authority or excuse, in any way wilfully to obstruct the free passage along a highway.
Describe circumstances in which a person may be said to have lawful authority or excuse within the meaning of the Act.
Police roadblocks Street traders or collectors who are licensed for that purpose by the appropriate authority.
Explain the meaning of wilfully as it applies to the Act.
Caused by some act, which was carried out freely by the defendant.
List the conditions for builders' skips placed on a highway.
• Properly lit during the hours of darkness • Displays red and yellow striped fluorescent and reflective markings on the sides which face in the direction of the carriageway • Clearly marked with the owner's name and telephone number or address • Removed as soon as practicable after it has been filled. The owner must also comply with any further conditions imposed by the highways authority.
Offences relating to skips: • Depositing a builder's skip on a highway without the permission of the highway authority • Failing to comply with any of the duties set out above, or any conditions imposed by the highway authority.
Give examples of Reg. 10 traffic signs as defined by the regulations.
• Stop or give way • Red lights at level crossings • Keep left or keep right • Red traffic light signals • Double white lines • No U-turn • No entry • One-way street signs Failure to comply results in offence
Outline the offence failing to conform to a stop sign.
The stop sign requires that every vehicle shall: • Stop before crossing the transverse white line or entering the major road if the line is not visible and • Not proceed beyond the white line (or enter the main road if the line is not visible) so as to be likely to cause the driver of any other vehicle on the major road to alter his speed, very his course so as to avoid an accident, or cause danger to any vehicle driver on the major road or any passenger in any such vehicle. The requirement is for vehicles to stop at the line and not at the sign.
10. Outline the offence of failing to conform to a give way sign.
The give way sign requires that a vehicle shall not cross the traverse white line nearest to the main road or enter the major road so as to be likely: • To cause danger to the driver of any other vehicle or • To cause that driver to alter his speed or vary his course as to avoid an accident.
Outline briefly the exemptions to stopping or straddling in relation to double white line road markings.
It is an offence to stop a vehicle on a road having such lines except: • To enable a person to board or alight from the vehicle • To enable goods to be loaded or unloaded from the vehicle • Vehicles used in connection with building work, demolition work, and the removal of any obstruction to traffic, road works and public utility works. • Vehicles used for fire brigade, ambulance or police purposes • Pedal vehicles without a sidecar whether motorised or not • Vehicles required to stop by law • Vehicles that are prevented from proceeding by circumstances beyond the driver's control • Vehicles that have stopped to avoid an accident • Vehicles acting with the permission or at the direction of a constable in uniform or traffic warden • Vehicles on a road with more than one lane in each direction.
It is an offence to cross or straddle the continuous line when this is to the left of the broken line or another continuous line except: • To turn right • When unavoidable, or to pass a stationary vehicle or to avoid an accident • To comply with the directions of a police officer or traffic warden in uniform • To enable the vehicle to overtake a pedal cycle, horse or road maintenance vehicle moving at a speed not exceeding 10 mph.
Outline the offence of failing to accord precedence to foot passengers on crossings.
When the signals of a pelican crossing are showing a flashing amber light, vehicular traffic may proceed across the crossing but every pedestrian on the carriageway or central reservation and within the limits of the crossing (except central reservations of staggered crossings) before any part of the vehicle has entered those limits, has the right of precedence, while within the limits of the crossing over the vehicle.
Outline the offence of overtaking on the approach to zebra and pelican crossings.
It is an offence to overtake on the approach to a zebra or pelican crossing. All or part of any vehicle mentioned must be in the controlled area approaching the crossing. It is an offence by the driver/rider of any motor vehicle if: • Any part of the motor vehicle passed ahead of the foremost part of the motor vehicle nearest to the crossing and moving in the same direction, or • Any part of the motor vehicle passes ahead of the front of the stationary vehicle nearest to the crossing, if stopped to let a pedestrian use the crossing.
State the warning formula for a Notice of Intended Prosecution.
You will be reported for consideration of the question of prosecuting you [state offence]
Describe circumstances in which a NIP would be required for offences.
Dangerous, careless or inconsiderate driving or cycling Aiding or abetting Failing to conform to certain traffic signs Failing to conform to a direction given by an officer engaged in the regulation of traffic Leaving a vehicle in a dangerous position Excessive speed
A NIP is not required if: • At the tome or immediately after the offence has been committed an accident occurs (of which the driver is aware) owing to the presence of the vehicle on the road. • The offence has been dealt with by issuing a FPN NIPs may be served in the following ways: • Verbally on the offender at the time of the offence, or • By serving a notice on the offender or owner of the vehicle within 14 days of the offence, or • By serving a summons on the offender within 14 days of the offence.