Scottish Crime Recording Standard: Crime Recording and Counting Rules

Group 8 – Road Traffic Offences

Offences within Group 8 relate to Road Traffic Offences where the complainer in the main is the Procurator Fiscal. The majority of the offences within this group will be generated by police officers involved in proactive work, although there will be occasions when members of the public will report circumstances which they believe to be a Road Traffic Offence.

The SCRS is more victim orientated in recording crime but a distinction should be made between crimes/offences which are victim based and those that are evidence based, such as Group 8 offences.

On occasions members of the public may contact the police to report a Road Traffic incident where the circumstances are open to interpretation and may not constitute an offence e.g. report of a drunk driver and on police stopping the vehicle establishing the driver had not been drinking. Instances of driving proficiency will also be open to interpretation. With this in mind Road Traffic Offences should only be recorded where there is sufficient evidence of an offence having occurred under the appropriate legislation. The police will determine whether the circumstances as reported amount to a Road Traffic Offence.

In the main Road Traffic Offences will be recorded as detected due to the sufficiency of evidence available to confirm the offence. If a Road Traffic offence is not victim based and there is insufficient evidence to report the offence there is no requirement for the offence to be recorded.

A number of Road Traffic Offences dealt with by way of Conditional Offer or Fixed Penalty Notice may not be recorded on crime recording systems, although the required information will be incorporated within statistical returns.

In respect of offences where the Lord Advocate has issued guidelines e.g. speeding, drink driving, unless the offence meets the Lord Advocate’s guidelines, no crime report should be recorded. This would also be the case with local Procurator Fiscal guidelines e.g. careless driving.

Examples of Road Traffic Offences which will always be ultimately recorded as detected are as follows:-

• Speeding
• Drink Driving
• Document Offences e.g. No licence/insurance
• Vehicle Defects and Lighting Offences
• Seat Belt Offences
• Mobile Phone Offences
• Driving of motor vehicles elsewhere than on roads
• Driving while disqualified

The following are the only Road Traffic offences which can be recorded as undetected. Although these offences may be reported to the police and in effect may initially indicate an offence has been committed, what one person may deem to be a poor standard of driving, may be perceived by another as constituting a Road Traffic Offence. With this in mind the onus shall be on the police to determine whether the circumstances amount to a Road Traffic Offence based on evidence and information available.

• Accident Offences (Fail to Stop, Fail to Report)
• Careless Driving
• Dangerous Driving

Where there is sufficient evidence to confirm that one of these offences has been committed, but insufficient evidence to justify criminal proceedings, the crime report should be marked as undetected. In all other circumstances Road Traffic offences should be recorded as detected only.

Where a crime report has initially been recorded and enquiry reveals there is insufficient evidence to confirm a Road Traffic Offence has occurred, the crime report should be updated to ‘No Crime’ as per agreed procedures.

Notice of intended prosecution

In cases where a road accident has occurred the accused should be warned in terms similar to Section 1 of the Road Traffic Offenders Act, 1988. In reality this is usually given using the standard Section 1 Warning formula. Where there is a Dangerous or Careless Driving offence but no road accident takes place the position is different. If the driver is traced at the time of commission of the offence, they should be warned in terms of Section 1, however if not traced at the time then a Notice of Intended Prosecution must be sent to the keeper of the vehicle within 14 days. This is a requirement and failure to do so will prove fatal to the case.

Road Accident / Careless Driving Reports Guide

• Road Accident where driver traced at the time
  • Warned in terms similar to Section 1 warning.
• Road Accident where driver not traced at the time but interviewed later
  • Warned in terms similar to Section 1 warning.
• Road Traffic Act 1988, Section 2 or 3 offence where driver traced at the time
  • Section 1 warning.
• Road Traffic Act 1988, Section 2 or 3 offence where driver not traced at the time
  • Notice of Intended Prosecution must be sent within 14 days.

If the Notice of Intended Prosecution procedure is not strictly adhered to and a case cannot be submitted to the Procurator Fiscal due to procedural failure any recorded offence under Road Traffic Act 1988, Section 2 or Section 3 depending on circumstances can be considered for update to ‘No Crime’.

Cause and Permit Offences - Driving with No Insurance/Licence

Wheatley’s Road Traffic Law in Scotland (6^th Edition) states:

• ‘’Permitting’’ means simply giving permission or allowing a third party to do something. The permission must, however be provided to be something the accused can properly give. In addition, for conviction it must be shown, as in the case of causing, that the accused was aware that what was permitted constituted an offence; actual or constructive knowledge of the offence has to be demonstrated, as well as direct or indirect evidence of permission.
• It further provides that for an accused to be convicted of ‘causing’ a third party to commit an offence, the prosecution will normally have to establish both that the accused directed or controlled the substantive acts complained of, and that he was aware or should have been aware that those acts constituted an offence. In other words, actual or constructive knowledge of the offence must be established, as well as some measure of participation in allowing the offence to take place.

In all circumstances where there is evidence to report any “cause and permit” offence this will be recorded in addition to the offence being reported, e.g. offence for driver and separate offence for owner.

Road Traffic Act 1988, Section 5A, Drug Driving

Section 5A of the Road Traffic Act 1988 was introduced in Scotland on 21 October 2019. For the purposes of crime recording - officers dealing with offences under Section 4, 5 or 5A of the Road Traffic Act 1988 where a blood or urine sample has been obtained, should raise a crime report pending analysis.

The most appropriate crime should be used for example:

• Where there is impairment - a crime report should be recorded for a Road Traffic Act 1988, Section 4 offence.
• Where there is no impairment but there is a positive road side drug test for cannabis / cocaine - a crime report should recorded for Road Traffic Act 1988, Section 5A - Cannabis / Cocaine.

The following should be noted where there is a presence of multiple drug types or where there is a combination of drugs and alcohol:

• Where tests confirm the presence of more than one drug an offence must be recorded for each drug type.
• Where tests confirm the presence of both drugs and alcohol over the legal limit appropriate offences must be recorded for both drugs and alcohol.

When the result of the analysis is received, the crime report should be updated with the correct offence or marked as 'No Crime' where there is a negative result.

Warnings issued in terms of Antisocial Behaviour etc. (Scotland) Act 2004, Section 126

In circumstances where a constable (in uniform) has reasonable grounds for believing that a motor vehicle is being used or has been used in a manner which contravenes Section 3 or Section 34 of the Road Traffic Act 1988 (careless and inconsiderate driving and prohibition of off-road driving) AND this is causing or likely to cause alarm, distress or annoyance to members of the public a warning notice may be issued in terms of Section 126 of Antisocial Behaviour etc. (Scotland) Act 2004.

On every occasion where a person is given a warning notice under Section 3 or Section 34 of the Road Traffic Act 1988 a crime report must be raised fully outlining the circumstances. In these circumstances either an offence under Section 3 or Section 34 of the Road Traffic Act 1988 should be recorded. The crime report can be disposed of by means of a crime detected warning in respect of the vehicle driver, due to the warning notice in terms of Section 126 of the Antisocial Behaviour etc. (Scotland) Act, 2004 being issued. If the driver is warned in these circumstances no Conditional Offer should be issued under Section 3.

Should the driver/vehicle be stopped for a similar offence as outlined above within 12 months of a warning notice being issued the vehicle can be seized. In these circumstances either an offence under Section 3 or Section 34 of the Road Traffic Act 1988 should be recorded. If no report is being sent to the Procurator Fiscal (e.g. where no other offences are being reported) a Section 126 Warning disposal should be used.

Vehicle Excise & Registration Act 1994 - No Excise Licence

Where an offence of no excise licence is identified, including those with nil duty, officers should complete and submit the Driver and Vehicle Licensing Agency (DVLA) form (CLE 2/6). There is no requirement for the police to record any offence on their crime recording systems or report this offence to the Procurator Fiscal. DVLA will have primacy in dealing with this offence and will be responsible for any further action, including where required progression of a report to the Procurator Fiscal. This will ensure a fair and consistent approach to all reports and allow DVLA to confirm the details held on the vehicle record are up to date and accurate.

Vehicles on Footpaths

To ensure consistent practice Road Traffic Act 1988, Section 34(1)(b) should be used in preference to Roads (Scotland) Act 1984, Section 129(5) with regards to vehicles on footpaths etc. e.g. use of an unregistered e-scooter on a footpath.

Electrically Assisted Pedal Cycles

It should be noted that there may be occasions when an electrically assisted pedal cycle meets the definition of a Motor Vehicle. In these circumstances any offence should be dealt with using the Road Traffic Act 1988.

Mobility Scooters

Whilst a mobility scooter does not meet the definition of a motor vehicle it is considered to be a mechanically propelled vehicle, therefore, where a driver of a mobility scooter is assessed as being unfit to drive through drink or drugs the Road Traffic Act 1988, Section 4 (driving, or being in charge, when under influence of drink or drugs) would be applicable. The Road Traffic Act 1988, Section 5 (driving, or being in charge of, a motor vehicle with alcohol concentration above prescribed limit) refers to motor vehicles therefore is not applicable.

The following guidance illustrates how offences should be recorded in line with the Scottish Government Counting Rules:-

300/001 - Road Traffic Act 1988, Section 2 Dangerous Driving

300/002 - Road Traffic Act 1988, Section 3 Careless Driving

General Rule

One crime for each course of conduct

Definition

Section 2

A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.

Section 3

If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.

Complainer

Procurator Fiscal

Locus

Where vehicle stopped or various as appropriate

Examples

Example 1

Driver is stopped by Police after being recorded driving at excessive speed which would justify reporting an offence under Road Traffic Act 1988, S2.

- 1 x Road Traffic Act 1988, S2 Dangerous Driving (separate speeding offence should not be recorded).

Example 2

A car being driven dangerously during a Police pursuit collides with four vehicles before vehicle is stopped and driver apprehended.

- 1 x Road Traffic Act 1988, S2 - Dangerous Driving

- 1 x Road Traffic Act 1988, S163 - Fail to Stop For Police

- 1 x Road Traffic Act 1988, S170 - Fail to Stop After Accident

- There is no requirement to record a S170 offence for each collision as this is considered to be a continuous course of conduct.

Example 3

Police witnesses observe vehicle being driven in a careless manner, swerving across the road and failing to obey a red light. When stopped the driver is found to have a breath count over the legal limit.

- 1 x Road Traffic Act 1988, S3 - Careless Driving

- 1 x Road Traffic Act 1988, S5 - Drink Driving

Example 4

Witness(es) report erratic driving, the circumstances of which has resulted in no vehicle collision e.g. inconsiderate driving.

- Consideration should be given to the fact that what one person may deem to be a poor standard of driving may be perceived by another as constituting a Road Traffic offence. The circumstances indicate that there may have been an error of judgement and this should be recorded as an incident only with any further enquiry being dependent on local procedures e.g. contact being made with the registered keeper to advise them of the complaint received.

Example 5

Witness(es) report erratic driving, the circumstances of which has resulted in a non-injury vehicle collision, the extent of which does not require the attendance of police e.g. details exchanged with one party being unhappy with the others standard of driving, which they believed to have resulted in the collision.

- Consideration should be given to the fact that what one person may deem to be a poor standard of driving may be perceived by another as constituting a Road Traffic offence. The circumstances should be considered to determine whether there may have been an error of judgement. This is a non-injury collision where details have been exchanged and should normally only be recorded as an offence if there is sufficient evidence to consider criminal proceedings. Any incident raised should be updated accordingly.

Example 6

Witness(es) report erratic driving, the circumstances of which has resulted in an injury vehicle collision, requiring the attendance of police.

- Consideration should be given to the fact that what one person may deem to be a poor standard of driving may be perceived by another as constituting a Road Traffic offence. Enquiry will determine whether the circumstances and sufficiency of evidence amount to a Road Traffic offence. Where the offending driver has clearly acted carelessly at the higher end of the scale, but is not traced, an undetected Careless Driving or Dangerous Driving should be recorded.

Note

Offences under the Road Traffic Act 1988, Section 3 should be recorded in accordance with Lord Advocate's Guidelines on the Reporting of cases to the Procurator fiscal for Offences under this Section.

In certain circumstances Police may issue an offender with a Conditional Offer of Fixed Penalty Notice for a Road Traffic Act 1988, Section 3 offence. The Police Scotland Standard Operating Procedure for this scheme should be consulted for details of actions which may justify the issue of a Conditional Offer for a Careless Driving offence.

In circumstances where the use of a vehicle contravenes Road Traffic Act 1988, Section 3 and such use causes, or is likely to cause a member of the public alarm, distress or annoyance the user can be warned in terms of Antisocial Behaviour etc. (Scotland) Act 2004, Section 126. If the user is warned under Section 126 no Conditional Offer should be issued under Section 3.

In circumstances where a Red Light, Pedestrian Crossing, Solid Line or similar offence is committed where a Section 2 offence is being reported these offences should be subsumed within the Section 2 offence as a course of conduct.

In circumstances where an offence has clearly occurred and enquiry has failed to trace the accused, only one undetected Road Traffic Offence should be recorded i.e. Fail to Stop or Careless Driving or Dangerous Driving.

Mobile Devices

An ‘interactive communication’ may refer to the sending or receiving oral or written messages and where there is sufficient evidence can be dealt with in terms of the Road Traffic Act, 1988 Section 41D(b). Where the conduct falls outwith this e.g. taking a photo, recording a video, accessing music or other content etc. Section 41D (b) is not appropriate and in these circumstances, where there is sufficient evidence, consideration should be given to recording a careless or dangerous driving offence. A conditional offer of fixed penalty ticket for careless driving must not be issued.

313/000 - Road Traffic Act 1988, Section 103(1) (a) (b) Driving whilst disqualified

General Rule

One crime for each continuity of action

Definition

Section 103

(1) A person is guilty of an offence if, while disqualified from holding or obtaining a licence, he—

(a) obtains a licence, or

(b) drives a motor vehicle on a road.

Complainer

Procurator Fiscal

Locus

Where vehicle stopped or various as appropriate

Examples

Example 1

A driver is stopped and found to be driving whilst disqualified, further investigation reveals that the driver has been working as a courier, and during the enforcement has driven various vehicles on a number of occasions, which is evidenced by log books and eye witness accounts.

- 1 x Road Traffic Act 1988, S103 (1) (b), Drive while disqualified (continuity of action)

Example 2

A disqualified driver is stopped and found in possession of a falsified driving licence. During investigation it transpires that they have recently traded in a vehicle and the sales person has given a statement to the effect that they witnessed them driving two separate vehicles.

- 1 x Road Traffic Act 1988, S103 (1) (b), Drive while disqualified

- 1 x Road Traffic Act 1988, S103 (1) (a), Obtaining licence while disqualified

- 2 x Road Traffic Act 1988, S143 (1) (a), No insurance (offence per vehicle)

Example 3

A disqualified driver is witnessed driving on three occasions by three separate police crews none of whom are in a position to stop vehicle.

- 1 x Road Traffic Act 1988, S103 (1) (b), (continuity of action)

Example 4

A driver is stopped and whilst shown to be a provisional licence holder, is driving with no 'L' plates and unsupervised is also disqualified 'until test passed'.

- 1 x Road Traffic Act 1988, S103 (1) (b), Drive while disqualified

Example 5

Police stop ‘A’ driving vehicle owned by ‘B’. ‘A’ is disqualified from driving and has no insurance and there is evidence that ‘B’ is aware of this.

- 1 x Road Traffic Act 1988, S103 (1) (b), Drive while disqualified

- 1 x Road Traffic Act 1988, S143 (1) (a), No insurance

- 1 x Criminal Procedure (Scotland) Act, S293 Aid and Abet (relates to the cause and permit disqualified driving element)

- 1 x Road Traffic Act 1988, S143 (1) (b), Cause and permit no insurance

Note

In circumstances where Officers have obtained further evidence of a disqualified driver driving on previous occasions, this cannot be counted as additional crimes and would be considered as ’Continuity of Action’. A date range would be noted and only one Road Traffic Offence would be recorded on the Crime Report. This does not prevent the officer submitting the full circumstances to the Procurator Fiscal.

The disqualification is against the driver, and is not dependent on the number of vehicles driven; this would be considered a ‘continuity of action’. The counting rule for insurance offences is per vehicle, and two charges would apply.

Where a person who is disqualified from driving until he passes a test applies for a provisional licence, drives without a supervisor (where required) and 'L' plates, he is guilty of driving while disqualified in contravention of Section 103 and not merely of failing to comply with the conditions of his provisional licence.

When libelling a Section 103 or a Section 87 offence of the Road Traffic Act 1988, a Section 143, Driving without Insurance may be considered, however this should only be applied where relevant evidence exists.

Retrospective Recording

If a driver has been stopped and found to be a disqualified driver and it is later discovered they have been stopped on previous occasions for other Road Traffic Offences, e.g. mobile phone, seatbelts etc. further disqualification charges cannot be libelled. Those occasions cannot be counted as additional disqualification charges and no additional Crime Reports raised, but information may be added to the SPR to allow the courts to consider the whole circumstances and to ensure the appropriate conviction is achieved.

316/000 - Road Traffic Act 1988, Section 143 Driving without insurance

General Rule

One crime for each vehicle

Definition

Section 143

(1) Subject to the provisions of this Part of this Act—

(a) a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act, and

(b) a person must not cause or permit any other person to use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act.

(2) If a person acts in contravention of subsection (1) above he is guilty of an offence.

Complainer

Procurator Fiscal

Locus

Where offence occurs or various as appropriate

Examples

Example 1

Registered keeper of vehicle is stopped by Police and found to have no valid policy of insurance.

- 1 x Road Traffic Act 1988, S143 - Drive without insurance.

Example 2

Police stop vehicle being driven by registered keeper who has no insurance. Enquiry confirms that the registered keeper has driven the same vehicle without insurance on four previous occasions.

- 1 x Road Traffic Act 1988, S143 - Drive without insurance (offence per vehicle)

Example 3

As above where evidence that keeper has driven a second vehicle without a valid policy of insurance.

- 2 x Road Traffic Act 1988, S143 - Drive without insurance (offence per vehicle)

Example 4

Person is stopped by Police on Day 1 where they are issued with papers requiring them to produce insurance documents at a Police station. Before doing so the same person is stopped by Police driving the same vehicle on Day 2 and issued with similar papers. Further enquiries confirm that the person had no insurance cover in place on either date.

- 2 x Road Traffic Act 1988, S143 - Drive without insurance

Example 5

A person other than registered keeper is stopped by Police and found to have no valid policy of insurance to drive vehicle and there is no evidence to confirm that that the registered keeper is aware of this.

- 1 x Road Traffic Act 1988, S143 - Drive without insurance.

Example 6

As above where there is evidence that the registered keeper is aware driver has no valid policy of insurance.

- 1 x Road Traffic Act 1988, S143 - Drive without insurance (driver)

- 1 x Road Traffic Act 1988, S143 - Cause and permit (keeper)

Example 7

As above where there is evidence that the registered keeper is aware the driver has no valid policy of insurance, and the registered keeper is also found to have no valid policy of insurance.

- 1 x Road Traffic Act 1988, S143 - Drive without insurance (driver)

- 1 x Road Traffic Act 1988, S143 - Cause and permit (keeper)

- 1 x Road Traffic Act 1988, S144A - Keep motor vehicle with no insurance (keeper)

Example 8

Police stop a vehicle where the driver "A" is found to have no driving licence. Further enquiry confirms that "A" has an insurance policy in force which covers him for driving that vehicle for third party risks but that a false declaration was made to the insurers in that "A" failed to disclose having no licence.

- 1 x Road Traffic Act 1988, S87 - No licence

- 1 x Road Traffic Act 1988, S174 (5) - Provide false statement to obtain insurance (SGJD Code 25/000).

- Note that the same guidance applies whether or not the insurers confirm that they will honour the policy. In these circumstances there is no requirement to record Road Traffic Act 1988, S143 - No insurance.

Note

Cause and Permit offences should only be recorded where there is evidence to the fact that the accused in the cause or permit was aware that the driver had no insurance and gave them permission to drive.

Road Traffic Act 1988, S144A (1) & (2) - Registered keeper of motor vehicle with no insurance policy in force or security for third party risks

DVLA in association with the Motor Insurance Bureau have the primary responsibility for the enforcement of Section 144A and have a policy in place of providing warning letters prior to enforcement action. Whilst many offences under this section will be dealt with directly by DVLA, the Police may have occasion to do so.

The option of issuing a conditional offer is not applicable in respect of Section 144A. Under normal circumstances if not being dealt with by DVLA, Section 143 would apply if a vehicle is parked on a public road as it is considered as being “used” and as such would require to be insured for a minimum of third party risks. Section 144A would only be expected to be used if DVLA are not dealing, the vehicle is off the road and no statutory off-road SORN declaration has been made. Where an officer has reasonable belief that a vehicle may not be insured they may confirm this via Police National Computer and Motor Insurance Bureau. If no insurance is recorded against the vehicle, officers shall require to make efforts to speak to the registered keeper to confirm no insurance is in force e.g. the vehicle may be insured under a trade policy etc. No crime report is required to be created unless enquiry traces the vehicle owner and it is confirmed no insurance is in force.

307/000 - Road Traffic Act, Section 170(2) & (4) Fail to stop after accident

Road Traffic Act 1988, Section 170(3) & (4) Fail to report accident

General Rule

One crime for each offence (see notes)

Definition

Section 170

(1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road or other public place, an accident occurs by which—

(a) personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or

(b) damage is caused—

(i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or

(ii) to an animal other than an animal in or on that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or

(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road or place in question is situated or land adjacent to such land.

(2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

(3) If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident.

(4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

Complainer

Procurator Fiscal

Locus

Where accident occurs or various as appropriate

Examples

Example 1

A car being driven dangerously during a Police pursuit collides with four vehicles before vehicle is stopped and driver apprehended.

- 1 x Road Traffic Act 1988, S2 - Dangerous Driving

- 1 x Road Traffic Act 1988, S163 - Fail to Stop For Police

- 1 x Road Traffic Act 1988, S170 - Fail to Stop After Accident - there is no requirement to record a S170 offence for each collision as this is considered to be a continuous course of conduct.

1 x Road Traffic Act 1988, S143 - Drive without insurance.

Example 2

Vehicle damage discovered, unclear as to the cause of the damage e.g. accidental damage caused by shopping trolley.

- Application of the ‘balance of probabilities’ suggests accidental damage, with no clear indication this has been the result of a collision with another vehicle or a vandalism. This should be recorded as an incident only.

Example 3

Vehicle damage discovered which suggests this has been the result of a vehicle collision e.g. paint or other residue found on vehicle, and it is unclear whether the driver of the other vehicle would have been aware.

- Application of the ‘balance of probabilities’ suggests the other vehicle driver may have been unaware of the collision.

Example 4

Vehicle damage discovered where the extent of damage indicates it is more than likely that the other driver was aware of the collision, or information provided from witnesses to confirm this to be the case.

- Application of the ‘balance of probabilities’ suggests the other vehicle driver would have been aware of the collision. An offence of ‘Fail to Stop’ should initially be recorded pending further enquiry, which may result in further offences being recorded and detected. If enquiry fails to identify the accused this should remain recorded as an undetected ‘Fail to Stop’ offence.

Note

In circumstances where an offence has clearly occurred and enquiry has failed to trace the accused, only one undetected Road Traffic Offence should be recorded i.e. Fail to Stop or Careless Driving or Dangerous Driving.

When circumstances which amount to Hit and Run type collisions are reported incidents are required to be raised and fully updated to dispel any criminality initially inferred (e.g. damage so minor in nature that driver unaware of collision), however if unable to dispel initial criminality a Crime Report must be raised to facilitate any necessary enquiry.

309/000 - Road Traffic Act, Section 172 Fail to provide information to identify driver

General Rule

One crime for each offence

Definition

Section 172

(1) Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—

(a) the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, and

(b) any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver.

Complainer

Procurator Fiscal

Locus

See examples

Examples

Example 1

Vehicle photographed by camera speeding in Division X. The registered keeper does not respond to a Road Traffic Act 1988, Section 172 notice and officer attends at keeper's home address in Division Y to carry out Section 172 requirements. Registered keeper fails/refuses to provide details of the driver and is charged with a Section 172 offence.

- 1 x Road Traffic Act 1988, S172 (Locus is Division X where S172 notice is sent from)

Example 2

Vehicle photographed by camera speeding in Division X. The registered keeper does not respond to a Road Traffic Act 1988, Section 172 notice and officer attends at keeper's home address in Division Y to carry out Section 172 requirements. Registered keeper fails/refuses to provide details of the driver and is charged with a Section 172 offence. Evidence is obtained which confirms the registered keeper was driving the vehicle at the time of the speeding offence.

- 1 x Road Traffic Act 1988, S172 (Locus is Division X where S172 notice is sent from)

- 1 x Speeding offence (locus is Division X)

Example 3

Vehicle is involved in a collision in Division X and fails to stop. The registered keeper resides in Division Y and officer attends at home address requesting details of the driver of vehicle at material time per Road Traffic Act 1988, Section 172 requirements. The person refuses/fails to provide details.

- 1 x Road Traffic Act 1988, S172 (Locus is Division Y where S172 procedure carried out - unlike above examples no letter is sent out)

- 1 x Road Traffic Act 1988, S170 and other relevant Road Traffic offences (Division X)

78/003 - Road Traffic Act 1988, Section 30 Drunk When Riding a Cycle

General Rule

One crime for each accused

Definition

A person who, when riding a cycle on a road or other public place, is unfit to ride through drink or drugs (that is to say, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle).

Complainer

Procurator Fiscal

Locus

Where crime takes place

Examples

No examples

Note

The police are not empowered to require cyclists suspected of contravening Section 30 above, to give breath specimens for a breath test, or specimens of blood or urine, under Sections 6 and 7. Any request to such a cyclist to provide a specimen for laboratory testing must, therefore, be made in terms similar to those used in requesting him to undergo medical examination and tests, namely he must be told that he is entitled to refuse, and that if he agrees, the result of the analysis of the specimen may be used in evidence.

Vehicles (Crime) Act 2001 – Supply of Registration Plate Offences

The following General Rules will be used for offences recorded under Vehicle (Crime) Act 2001, Sections 24 to 29:

Section 24(4)

• Registered supplier of registration plates failing to keep record of sale in accordance with Regulations.
  • One Crime Per Registered Supplier (if more than one premises the principle place of business should be used) – (Group 8 – SGJD 399/000)

Section 25(3)

• Registered supplier of registration plates failing to obtain information from prospective purchaser.
  • One Crime Per Purchase Transaction – (Group 8 – SGJD 399/000)

Section 26(7)

• Right to enter and inspect premises – obstruction.
  • One Crime Per Business Premises (Group 7 – SGJD 72/005)

Section 28(1)

• Selling a plate or other device as a registration plate knowing that it is not a registration plate.
  • One Crime Per Accused (Group 3 – SGJD 25/000)

Section 28(2)

• Supplying a plate or other device as a registration plate knowing that it is not a registration plate
  • One Crime Per Business Supplied (Group 3 – SGJD 25/000)

Section 29(1)

• Supplying plates or other device to an unregistered person knowing that it is not a registration plate.
  • One Crime Per Business Supplied (Group 3 – SGJD 25/000)

Tachograph Offences

Example

A HGV driver is stopped and on examination of the vehicle’s tachograph recording equipment it is ascertained that they have driven on 5 occasions exceeding the 4 and a half hour rule without observing breaks of at least 45 minutes.

- 5 x Transport Act 1968, S96 (11A), Fail daily rest

Such offences are recorded for each occasion (electronic reading). This practice ensures correct statistical information is supplied to the Transport Department.

Discretion

It should be noted that the majority of Road Traffic Offences are not victim based and SCRS does not remove an officer’s power of discretion when dealing with minor Road Traffic violations. In circumstances where discretion has been exercised and the person verbally warned there is no requirement to raise a crime report. Similarly, when a decision is made not to issue a Prohibition Notice there is no requirement for an offence to be recorded.

Vehicle Defect Rectification Scheme

318/000 - Registration Plate

319/000 - Lighting

320/000 - Other than Lighting

General Rule

As outlined by legislation (one offence per defect found)

Where a police officer discovers vehicle defect(s) in respect of which a Vehicle Rectification Form has already been issued, no further Form is to be issued.

Where these defect(s) are of a dangerous nature and it is clear that the driver has continued to use the vehicle without having taken remedial action, he/she must be reported. In these circumstances it is to be made clear to the driver that he/she is still required to provide evidence of rectification in respect of the original defect(s) for which the Form was issued.

Where the driver is not the owner of the vehicle he/she is to be instructed to inform the owner as soon as possible that defect(s) have been detected which come within the scope of the scheme and that the provisions of the scheme have been accepted by the driver.

Officers who are not 'authorised examiners' will only issue Vehicle Rectification Forms in respect of obvious defect(s) to vehicles where no actual inspection is necessary to establish that the defect(s) exists.

In circumstances where it is considered that the nature of a particular defect renders a vehicle to be in a dangerous condition an offence under Road Traffic Act 1988, Section 40A(a) (Vehicle in dangerous condition) will be recorded. Only one Section 40A (a) offence will be recorded to account for all defects which are considered to be dangerous. Defects which are not considered to be dangerous will be recorded as an offence for each defect found. Similarly, offences relating to illegal modifications not considered to be dangerous will be recorded as an offence for each modification.

Example:

Police examine vehicle and find two defects considered to be dangerous, four non-dangerous defects and two illegal modifications.

- 1 x Road Traffic Act 1988, S40A (a), 4 x defect offences, 2 x modification offences.

If the condition of a vehicle being driven is such that it would be obvious to a competent and careful driver that driving the vehicle in this current state would be dangerous then Road Traffic Act 1988, Section 2, Dangerous Driving should be considered. Where sufficient evidence exists this may be recorded in addition to Section 40A (a).

List of Offences to which the Scheme can be applied by all Uniformed Officers

Road Vehicle (Construction and Use) Regulations 1986

Exhaust: Obviously damaged, e.g. hanging down

Obligatory lights: Not maintained

Mirrors: No rear mirror

Mud wings: Not fitted

Parts and accessories: Not maintained

Petrol tank: Cap not fitted

Seat belts: Not maintained

Tyres: Completely devoid of tread

Washers: Not fitted

Wipers: Damaged or missing

Road Vehicle Lighting Regulations 1989

Stop lamps: Not maintained

Indicators: Not maintained

Obligatory lights: Not showing

Reflectors: Obscured and inefficient

Registration plate: Not illuminated

Vehicle Excise and Registration Act 1994

Registration plate:

• Obscured or not displayed
• Characters Wrongly spaced

List of Offences to which the Scheme can be applied by Authorised Examiners Only

Road Vehicle (Construction and Use) Regulations 1986

Brakes: Not maintained

Horn: Not fitted or not working

Speedometer: Not maintained

Steering: Not maintained

Tyres:

• Not properly inflated
• Cut or break in fabric
• Lump or bulge
• Insufficient tread
• Mixture of tyres

Any further guidance relating to the recording of Road Traffic Offences should be directed to the Crime Registrar.