Companion Website

Police Law 11th Edition

9. Traffic: General Provisions

Chapter 9

Motor vehicle p 338

A Divisional Court has held that a 'City Mantis' electric scooter is a motor vehicle. The vehicle is battery operated and capable of a speed of 10 mph; and is electrically propelled by use of an on/off switch which engages the motor which in turn operates a belt transmission driving the rear wheel. The court considered that the vehicle was capable of use by teenagers and could only be used on smooth and even surfaces and a reasonable person might well conclude that the best place to find such surfaces was on a road. DPP v King [2008] EWHC 447 (Admin).]

Road p 339

A divisional court has held that the definition of 'road' in RTA 1988, s 192 can apply to tarmacked roadways within a caravan site. The site was private property, but the owners allowed uninterrupted access by members of the public. The caravan park was therefore clearly a public place. The roadways within the caravan park, to which equally the public had access, had the physical features of a road - a defined route with ascertained or ascertainable edges leading from one point to another and functioning as a means of access. The court held that the justices were entitled to find that that the ‘roadway was a ‘road’ within the definition in RTA 1988, s 192: [Barrett v DPP [2009] EWHC 423 (Admin).]

REGISTRATION p 340

The Local Transport Act 2008, s 129 provides that the Secretary of State may disclose to any specified body information which is derived from particulars contained in a register of vehicles which is maintained in a country or territory outside the United Kingdom and has been obtained from the authority in that country or territory. The bodies specified are generally Government Departments and enforcement agencies.

GB plates and exemptions p 350

Regulation 16 was substituted by the Road Vehicles (Display of Registration Marks) (Amendment) Regulations 2009 to allow alternative material to appear on a plate attached to a vehicle recorded in the part of the register relating to Great Britain. Such vehicles may now display letters denoting one of the constituent countries of Great Britain, Great Britain (as a whole), or the United Kingdom (as a whole) accompanied by an image of a national flag. Thus, registration marks may identify vehicles as belonging to the United Kindom, Great Britain, England, Scotland or Wales by appropriate lettering specified in reg 16 and by the respective flags of those nations. [SI 2009/811]

Prospective revision of system of recording penalty points p 388

The provisions referred to in (1) under this heading are now in force. RSA 2006, s 8 inserted a s 97A into the RTOA 1988 which defines the term 'driving record' as a record in relation to the person maintained by the Secretary of State and designed to be endorsed with particulars relating to offences committed by the person under the Traffic Acts (RTA 1988, RTOA 1988 and RTRA 1984). Section 9 and Sch 2 provide for the endorsement of the driving record of unlicensed drivers or foreign drivers not having a counterpart who have been given a fixed penalty notice in respect of an offence involving obligatory endorsement. The new provisions provide for a constable or vehicle examiner to issue a fixed penalty notice to such a driver where the driver's record maintained by the Secretary of State (which can be instantly accessed) indicates that the driver would not be liable to a 'totting-up' disqualification. The new provisions also deal with the case where the constable or vehicle examiner cannot satisfy himself at the time about whether the driver would be liable to such a disqualification. In such a case, the officer or vehicle examiner may give the driver a notice stating that if he delivers the notice back to a constable or authorised person at the police station specified in the notice within seven days, or, if the notice is given by a vehicle examiner, the offender returns it to the Secretary of State within fourteen days, and upon receipt of the notice the person who receives it is satisfied that the offender would not be liable to a 'totting-up' disqualification, he will then be given a fixed penalty notice.

Under the new provisions, the driving record of an unlicensed driver or of a foreign driver not having a counterpart who has been given a fixed penalty notice for an offence carrying obligatory endorsement is endorsed, without the need for a court hearing, at the end of a suspended enforcement period unless he gives notice requesting a hearing and has not paid the fixed penalty.

The provisions in (2) relating to 'all drivers' contained in RSA 2006, s 10 have not yet been brought into force.

Obligatory disqualification p 389

RTOA 1988, ss 34 is prospectively amended by the Coroners and Justice Act 2009, Sch 21, so as to add '(disregarding any extension period)' in the first line on p 390 after 'or more':

See below as to extension periods.

Discretionary disqualification p390

Endorsement and penalty points p 390

As to RSA 2006, s 8 see p 383 above.

In relation to the reference under this heading to the endorsement of licences, the provisions of the RSA 2006 providing for the endorsement of the 'driving records' of unlicensed or foreign drivers are now in force. [SI 2008/3164]

Extension of disqualification period where immediate custodial sentence also imposed p394

Add the above heading and following text after the second line on p 394.

'When s 35A (added by the Coroners and Justice Act 2009, Sch 16) comes into force, where the offender has been sentenced to an immediate term of imprisonment for the offence for which he is to be disqualified, the court must add to the period of disqualification determined under s 34 or s 35 an extension period (broadly, the custodial period which must be served). This is designed to require that the former period of disqualification takes effect after the offender's release from imprisonment.'

Effect of an order of disqualification p 394

RTOA 1988, s 37 is prospectively amended by the Coroners and Justice Act 2009, Sch 21 so as to add '(disregarding any extension period).' in the fourth line after 'fifty-six days'.

Extent of cover p 401

Hackney carriage drivers held an insurance policy which covered any motor car or licensed taxi for which the policy holder was legally responsible. The policy was valid provided that the policy holder and drivers were the holders of licences, or had held licences and were not disqualified from driving or prohibited from holding a licence. The local authority alleged that the justices had erred in dismissing charges of using or permitting the use of hackney carriages without insurance. It contended that the defendants were outside the terms of their policy as the driver did not hold a hackney carriage licence issued by the local authority. The justices dismissed the charges finding that the terms of the insurance policy merely required the possession of a driving licence for the vehicle concerned. The Divisional Court supported the justices' conclusion holding that the terms of the policy did not require the possession of a hackney carriage licence in addition to an ordinary driving licence. [Sedgefield Borough Council v Crowe [2008] All ER (D) 98 (Jul)]

Details of existing insurance policies and securities to be made available by the National Policing Improvement Agency p 404

V(C)A 2001, s 36 is prospectively repealed by the Policing and Crime Act 2009, Sch 8.