The bad news this week is that for the first time we have FOUR chapters to look at. The good news is that none of them are very long, but they are all important.

Roads Policing Chapter 6 Insurance

Roads Policing Chapter 7 Protection of Drivers and Passengers

Roads Policing Chapter 8 Highways and Safety Measures

Roads Policing Chapter 9 Construction and Use

The first of these is Chapter 6 Insurance. Make sure you have a good look at the sections on your powers, to seize and to request production, who can you request production from, and under what circumstances.

Generally this is an Absolute Liability offence. By that I mean you do not need to prove intent or guilty knowledge.

The exemption relating to the use of a private vehicle by an off duty police officer still counting as part of the exemption for vehicles being used for police purposes, is a very good area for a question to be written around.

It is worth looking closely too at the section on the defence to the no insurance offence. Potentially it is an easy area to write a question in. It is important to recall that this only applies to vehicles being used in the course of the employment of the driver. There is also an issue around the belief of driver too. They must neither know nor had reason to believe the vehicle was not covered by either Insurance or some other form of security.

The power to Seize Vehicles Driven without Licence or Insurance is another good area to test. Blackstone's, by use of italics, shows the different areas and how it affects the Constable exercising the power. The first part which relates to the production and inspection of the relevant documents is the domain of a Constable in Uniform, but the power to seize, remove, and where permitted, enter premises to seize, can be done by a constable. (No mention of uniform here).

Chapter 7 Protection of Drivers and Passengers has taken the place of the old Safety Measures chapter and includes the section on seat belts which potentially has a lot of complex law in it. I found the best way to understand this is to draw it. This can help you to gain a picture of the law, and how it relates to the use of vehicles.

The section on speeding points out that there is an exemption for Police, Fire and Ambulance purposes, and it is worth noting that this also applies to SOCA staff for both operational and training purposes. Please take not e of the comment in the keynote about who can drive a vehicle for SOCA if it is necessary to exceed the speed limit. It has to be someone who is trained to drive the vehicle at 'high speeds' use of the vehicle

If you get a question on this the candidate who has not studied might well be caught out by the 'training purposes'. Speeding is one of those strange bits of law that require corroboration and that is covered in the section 'Proof of Speed' have a good look at that too.

Let's move on to Chapter 8 'Highways and Safety Measures.' Another new heading! There are lots in here for a good question writer. Remember to link the Wilful Obstruction offence to the Arrest Condition that allows arrest in circumstances where a highway is obstructed.

The section on Causing Danger is full of good topics to test, you may find it helpful to try to remember them by visualising each of them as circumstances that you might come across while on patrol. It is worth remembering too, the point made in the keynote that this offence is only committed if the defendant acts BOTH intentionally and without lawful authority.

As a school boy I learnt that it was during the time of King James that football was banned from the streets. The Highways Act of 1980 not only prohibits football but now includes any other game, but only if a user of the highway is annoyed. It is this section that includes the great line 'Allows filth, dirt or lime or other offensive matter to run or flow onto the highway from any adjoining premises,' covers a multitude of sins that does.

The section on off road driving is well worth knowing, it contains a lot of areas that could easily be tested, including a statutory defence. Don't forget too that this links with a power to seize a motor vehicle that is being used under these circumstances. Section 59 Police Reform Act 2002.

Builders skips can be a very confusing topic, and one that I would recommended you taking some time to learn. It may be best to draw or write it down in a picture form because that would help you learn the subject. There is an interesting defence, and also a Police Power both of which could well be tested. The power is an interesting one in that the request to remove the skip from the highway must be made in person, a telephone call will not do!!

Lastly at the end of this chapter there is a piece about various crossings. They are all different, get to know these, they are all areas that are easy to write a question about. There is also a short section about Powers of Fire Fighters in an Emergency. This whole section is best summed up with the words 'May do anything he reasonably believes to be necessary.'

The last chapter this week is Chapter 9 Construction and Use. This Chapter is full of important and easily tested content. There is a section on tyres which if you drive a car you should be familiar with, it is quite complicated, and if you are struggling to get to grips with it, then this is an area that lends itself well to you drawing the law , as you work through it. I have always found it helps me a great deal to visualise things like that.

The offence of using a vehicle in a dangerous condition is an interesting one in that all the sub sections are done with the view that the use of the motor vehicle or trailer involves a danger of injury to any person. So no-one has to be injured, but there has to be a danger of injury.

The section on Police Powers to Test Vehicles is an interesting one, in particular the section on Testing and Inspection of vehicles on premises. It contains times and conditions, which makes it a really easy area for a good question writer. 48 hours for the notice to be given by hand and it must be received at least 72 hours before the test is carried out if it is sent by recorded delivery. Remember too the power is only given to a Police Officer in UNIFORM.

It is worth pointing out the difference between Headlamps and Position Lamps. It is the time they are to be used. Head lamps during the 'Hours of Darkness,' while Position lamps are between 'Sunrise and Sunset' or 'During conditions of seriously reduced visibility.'

The 'Quitting' offence is an interesting one too, in that to not commit the offence the driver has both set the handbrake and ALSO turn off the engine. If either one is not done the offence is complete unless there is someone who is in a position to take charge of the vehicle. That would rule out someone asleep in the rear or too drunk to drive. Don't forget too, there are some exemptions to this, and they include police, fire, ambulance, and rescue services.

Well now for the good news! That is the first book completed. The rest of Roads Policing is not in your syllabus so apart from revision you can put that book to one side.

Lastly in this section I am going to just repeat last week's introductory paragraph for the information of any reader who did not see it.

I was on the NPIA web-site last week looking up the date of the next Constable to Sergeant exam and I found a notice the PPEB had put out about a change in the syllabus. This was as a result of changes to the law which brought about changes to PACE Codes A, B and D; amendments made to PACE; and changes to Sections 44-47 of the Terrorism Act 2000. The notice also points out which parts of the Equality Act will be tested.

Within the article there are links to the PACE Codes that have been changed, as well as a link to the relevant changes to the Equality Act. I have cut and pasted the link direct to the NPIA website for you to follow.

http://www.npia.police.uk/en/13929.htm

I would strongly suggest that you download and print off the new Codes of Practice and then run a comparison between the old and new. That way you can see and understand the differences.

Top Tip

On two occasions in this weeks article I have said 'draw a picture of it, it will really help you to understand it!' That is a concept I am really big on. Visual aids in teaching are a really important part of the lesson, and in effect what you are doing is learning in the same way, but without the teacher. So the same rules apply, visualisation is truly important.

At this point I get very predictable and dull and issue my health warning, I am giving you some suggestions about areas to look at, sadly I know as much about what will be in your exam as you do, and that is why I am very reluctant to suggest you study only those banker subjects. I have been helping police officers pass this exam for over 30 years, either from within the job, or on a commercial basis through my company, and that has always been my mantra, study the lot.

If you have started to study you have given yourself a good chance to pass as long as you keep it up. There is an awful lot of material to get through but we are about one third of the way through the programme, in week 8, so as of today there now only 100 days to go, and you have finished one of the four syllabus books, so well done. Keep at it.

Finally if you are having a problem visit my web-site at www.executiveguidance.co.uk and use the Contact us page, I will get right back to you. Alternatively visit the OSPRE Part 1 Forum and if I can help you I will. That makes the assumption a knowledgeable officer reading the forum does not get there ahead of me.

This week's motivational quote is by Leon J. Suenes , Archbishop of Mechelen-Brussel from 1961 to 1979, he said….

"Happy are those who dream dreams and are ready to pay the price"

Now is the time to invest your time and effort in your dreams to make them come true.

See you next week.

Phil Waters

www.OSPRETraining.org