Drink Driving Limit UK: The Law, the Tests and the Penalties

10 free road policing: driving offences practice questions with answers

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1. 1. BELL drives through a large puddle beside a bus stop at a speed that is safe for the conditions, deliberately drenching the people waiting there. Which offence is most appropriate?

   1. A. Dangerous driving under s.2, because deliberately soaking the pedestrians fell far below the standard of a competent and careful driver.
   2. B. No offence, because his speed was safe for the conditions and none of the pedestrians was put in danger of injury.
   3. C. Driving without reasonable consideration under s.3, because other persons using the road were inconvenienced by his driving.
   4. D. Driving without due care and attention under s.3, because his driving fell far below the standard of a competent and careful driver.
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   C. Driving without reasonable consideration under s.3, because other persons using the road were inconvenienced by his driving.

   Section 3 creates two forms of the offence: without due care and attention, and without reasonable consideration for other persons. Section 3ZA(4) provides that a person drives without reasonable consideration only if other persons are inconvenienced by the driving. Deliberately drenching people at a bus stop is the classic example of inconsiderate driving.

   Source: Road Traffic Act 1988, ss.3 and 3ZA

2. 2. ORTON glances at his satnav, drifts across the centre line and hits an oncoming motorcyclist, who dies. His driving fell below, but not far below, the standard of a competent and careful driver. Which offence is most appropriate?

   1. A. Causing death by driving: unlicensed or uninsured drivers under s.3ZB.
   2. B. Careless driving under s.3 only, because death is not an element of any careless driving offence.
   3. C. Causing death by careless, or inconsiderate, driving under s.2B.
   4. D. Causing death by dangerous driving under s.1.
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   C. Causing death by careless, or inconsiderate, driving under s.2B.

   Section 2B applies where a person causes the death of another by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other road users. Driving that falls below, but not far below, the standard is careless (s.3ZA), so s.2B rather than s.1 applies.

   Source: Road Traffic Act 1988, s.2B

3. 3. What are the prescribed alcohol limits for the purposes of ss.3A to 10 of the Road Traffic Act 1988, as they apply in England and Wales?

   1. A. 35 microgrammes per 100 ml of breath, 80 milligrammes per 100 ml of blood, and 107 milligrammes per 100 ml of urine.
   2. B. 50 microgrammes per 100 ml of breath, 100 milligrammes per 100 ml of blood, and 107 milligrammes per 100 ml of urine.
   3. C. 35 microgrammes per 100 ml of breath, 107 milligrammes per 100 ml of blood, and 80 milligrammes per 100 ml of urine.
   4. D. 22 microgrammes per 100 ml of breath, 50 milligrammes per 100 ml of blood, and 67 milligrammes per 100 ml of urine.
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   A. 35 microgrammes per 100 ml of breath, 80 milligrammes per 100 ml of blood, and 107 milligrammes per 100 ml of urine.

   Section 11(2) defines 'the prescribed limit' as 35 microgrammes of alcohol in 100 millilitres of breath, 80 milligrammes in 100 millilitres of blood, or 107 milligrammes in 100 millilitres of urine. Regulations may prescribe other proportions, and lower limits apply in Scotland.

   Source: Road Traffic Act 1988, s.11(2)

4. 4. Which of the following is correct regarding causing death by dangerous driving under s.1 of the Road Traffic Act 1988?

   1. A. It applies only where the driver was also over the prescribed alcohol limit or unfit through drink or drugs.
   2. B. It requires proof that the driver foresaw that his driving might cause death or serious injury to another person.
   3. C. It covers causing another's death by driving a mechanically propelled vehicle dangerously on a road or other public place.
   4. D. It applies only to motor vehicles driven on a road, so driving an off-road vehicle in a public car park is not covered.
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   C. It covers causing another's death by driving a mechanically propelled vehicle dangerously on a road or other public place.

   Section 1 provides that a person who causes the death of another by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence. Dangerous driving is defined objectively by s.2A. No intent to kill or injure is needed.

   Source: Road Traffic Act 1988, s.1

5. 5. KNOWLES hits a stray dog on a road and drives on. The dog is injured. Which is correct?

   1. A. No duties arise, because only injury to a person or damage to a vehicle or roadside property counts.
   2. B. Duties arise only if the dog dies or is so badly injured that it has to be destroyed.
   3. C. No duties arise, because the dog was a stray and there was no owner present to require his details.
   4. D. The s.170 duties apply, because a dog is an 'animal' for the purposes of the section.
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   D. The s.170 duties apply, because a dog is an 'animal' for the purposes of the section.

   Section 170(1)(b)(ii) applies where damage is caused to an animal other than one in or on the driver's vehicle or trailer. Section 170(8) defines 'animal' as a horse, cattle, ass, mule, sheep, pig, goat or dog. KNOWLES should have stopped and, if he did not give his details, reported the accident.

   Source: Road Traffic Act 1988, s.170(1) and (8)

6. 6. IRWIN, a learner driver on her third lesson, misjudges a junction and pulls out in front of a car, causing it to brake sharply. Against what standard is her driving judged for careless driving?

   1. A. The standard of a competent and careful driving instructor, because she was driving under instruction.
   2. B. The standard of a competent and careful driver, which is not lowered because she is an inexperienced learner.
   3. C. The standard of a reasonable learner driver of similar experience who is being supervised by an instructor.
   4. D. None, because a learner driving under supervision cannot commit careless driving; liability falls on the supervisor.
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   B. The standard of a competent and careful driver, which is not lowered because she is an inexperienced learner.

   Section 3ZA(2) provides that a person drives without due care and attention if the way they drive falls below what would be expected of a competent and careful driver. The standard is objective and the same for everyone. A learner is not judged by a lower standard because of inexperience.

   Source: Road Traffic Act 1988, s.3ZA(2)

7. 7. Which of the following is correct regarding a preliminary drug test under s.6C of the Road Traffic Act 1988?

   1. A. It uses a specimen of urine, and it may be administered only at a police station or a hospital.
   2. B. It uses a specimen of blood taken by a doctor, and only one test may be administered on each occasion.
   3. C. It uses a specimen of sweat or saliva, and up to three preliminary drug tests may be administered.
   4. D. It uses a specimen of breath analysed by an approved device, and up to two tests may be administered.
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   C. It uses a specimen of sweat or saliva, and up to three preliminary drug tests may be administered.

   Section 6C(1) describes a preliminary drug test as a procedure in which a specimen of sweat or saliva is obtained and analysed by an approved device. It indicates whether the person has a drug in their body and whether a specified controlled drug is likely to be over its specified limit. Section 6C(3) allows up to three tests, and s.6C(2) allows them at or near the place of the requirement or at a specified police station.

   Source: Road Traffic Act 1988, s.6C

8. 8. Under s.2A of the Road Traffic Act 1988 (for an ordinary driver), when is a person regarded as driving dangerously?

   1. A. When his driving falls far below the standard of a competent and careful driver, and it would be obvious to such a driver that it was dangerous.
   2. B. When he drives in a way that he personally realises is dangerous, judged by his own experience and knowledge of the road.
   3. C. When the way he drives falls below what would be expected of a competent and careful driver, and such a driver would have seen a risk of harm.
   4. D. When the way he drives causes a collision in which another road user or a pedestrian suffers an injury, however minor.
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   A. When his driving falls far below the standard of a competent and careful driver, and it would be obvious to such a driver that it was dangerous.

   Section 2A(1) contains two limbs. The driving must fall far below what would be expected of a competent and careful driver, and it must be obvious to a competent and careful driver that driving in that way would be dangerous. 'Dangerous' refers to danger of injury to any person or serious damage to property (s.2A(3)). The test is objective.

   Source: Road Traffic Act 1988, s.2A

9. 9. In which of the following situations does s.170 of the Road Traffic Act 1988 (duty to stop and give information) apply?

   1. A. Owing to the presence of a car on a road, a pedestrian is injured.
   2. B. A driver crashes into a tree on private land that is neither a road nor a public place, injuring only himself.
   3. C. A car hits and kills a cat on a road, and there is no other damage.
   4. D. A driver damages only his own car by hitting a kerb.
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   A. Owing to the presence of a car on a road, a pedestrian is injured.

   Section 170(1) applies where, owing to the presence of a mechanically propelled vehicle on a road or other public place, an accident occurs causing personal injury to a person other than its driver. It also applies to damage to another vehicle, to a listed animal (horse, cattle, ass, mule, sheep, pig, goat or dog) not in or on the vehicle, or to property fixed to or forming part of the land on which the road or place is situated or adjacent land.

   Source: Road Traffic Act 1988, s.170

10. 10. ZANE provides two specimens of breath for analysis under s.7. The readings are 52 and 48 microgrammes of alcohol in 100 ml of breath. Which reading is used?

    1. A. 52, because the higher reading is used, provided both readings were taken within five minutes of each other.
    2. B. Neither, because readings that differ by more than 3 microgrammes mean a blood specimen must be required.
    3. C. 50, because the two readings are averaged, and the average is compared with the prescribed limit.
    4. D. 48, because the specimen with the lower proportion of alcohol is used and the other disregarded.
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    D. 48, because the specimen with the lower proportion of alcohol is used and the other disregarded.

    Section 8(1) provides that, of any two specimens of breath provided under s.7, the one with the lower proportion of alcohol in the breath is used and the other is disregarded. The statutory option to replace a breath specimen with blood or urine has been repealed.

    Source: Road Traffic Act 1988, s.8

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