Powers under the Road Traffic Act Flashcards
What powers does section 163 of the Road Traffic Act give
Section 163 gives the power to stop a mechanically propelled vehicle on a Road
What is specific about the officer who stops a vehicle under section 163
They must be in uniform
What happens if a person fails to comply with a direction under section 163
They commit an offence
What is specific about an additional power contained within the road traffic act section 163
It contains a power of entry (even though it is a summary offence) under section 17
Section 163 is essentially a random power - what is the unwritten caveat
That any use of powers should be reasonable proportionate and necessary.
Can Section 163 be used in the Christmas Drink Drive campaign?
Yes - As long as it is only the stop that is random - Then the officer goes on to suspect that the driver ha s alcohol and drugs in his body
Who may authorise a road check
A superintendent
Who may authorise a road check in urgent circumstances
Any other as long as it is ratified by a Superintendent as soon as practicable
How long can a superintendent authorise a road check for
7 days
What offences does road check relate to
Indictable offences Not including offences under the road traffic act.
What is specific about the officer conducting the road check
Must be in uniform
Can a PCSO conduct a road check
Yes in uniform
Can a Superintendent extend a Road Check
Yes any number of times - in writing
