道路交通法
驾驶违章、酒驾、记分和保险要求。
简介
道路交通法规范驾驶违章、保险要求和违规处罚。
核心原则
Dangerous Driving — Driving that falls far below what would be expected of a competent and careful driver, and where it would be obvious that driving in that way would be dangerous (s.2 RTA 1988).
Careless Driving — Driving that falls below what would be expected of a competent and careful driver (s.3 RTA 1988).
Drink Driving — It is an offence to drive or be in charge of a vehicle with alcohol above the prescribed limit (s.4–5 RTA 1988). The limit is 80mg per 100ml of blood in England & Wales.
Drug Driving — It is an offence to drive with specified controlled drugs above prescribed limits (s.5A RTA 1988).
Causing Death by Dangerous Driving — Maximum sentence of life imprisonment (s.1 RTA 1988, as amended).
Insurance — It is an offence to use a motor vehicle on a road without at least third-party insurance (s.143 RTA 1988).
Penalty Points — The totting-up system: accumulating 12 or more points within three years normally leads to disqualification for a minimum of six months.
Failing to Stop / Report — After an accident involving injury or damage, drivers must stop and provide details, or report to police within 24 hours (s.170 RTA 1988).
关键法规
Road Traffic Act 1988
重要判例
R v Gosney
[1971] 2 QB 674
常见情景
Caught drink driving
The driver is arrested, breath-tested at the police station, and if over the limit, charged under s.5 RTA 1988. Likely penalty is disqualification for at least 12 months, a fine, and possible community order or imprisonment for high readings.
Accumulating 12 penalty points
Under the totting-up procedure, the driver faces mandatory disqualification for at least 6 months. They may argue exceptional hardship at the magistrates' court to avoid or reduce the disqualification period.