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Failing to comply with directions of a constable or traffic officer

s.35Road Traffic Act 1988

A driver or cyclist neglecting or refusing to stop, or to keep to a line of traffic, when directed by a constable or traffic officer regulating traffic or carrying out a traffic survey.

Failing to comply with directions of a constable or traffic officer · Road Traffic Act 1988, s.35Card 110 / 195

Points to prove

s.35(1)A constable or traffic officer was engaged in the regulation of traffic in a road
s.35(1)The defendant was driving or propelling a vehicle
s.35(1)They were directed to stop, or to make the vehicle proceed in or keep to a particular line of traffic
s.35(1)By the constable acting in the execution of their duty, or by the traffic officer
s.35(1)They neglected or refused to comply
s.35(2)Alternatively, neglected or refused to comply with a direction given for the purposes of a traffic survey

Key definitions

Driving or propelling a vehicle – covers motorists and also pedal cyclists, who propel their vehicle.
Regulation of traffic – controlling the flow of traffic, for example at junctions, incidents or road closures.
Traffic officer – a person designated under the Traffic Management Act 2004, such as a National Highways traffic officer.
Execution of duty – a constable may direct a motorist to contravene a traffic regulation (for example, to reverse the wrong way down a one-way street) where it is reasonably necessary to protect life or property (Johnson v Phillips 1975).
Traffic survey – s.35(2) and (3): a driver can be directed to stop or go to a particular point, but cannot be made to give information, and must not be unreasonably delayed if they decline to take part.

Good to know

Penalty points: 3 points (obligatory endorsement) and discretionary disqualification where it is committed in a motor vehicle by failing to follow a direction of a constable, traffic officer or traffic warden.
A notice of intended prosecution is required (RTOA 1988, s.1) unless an accident occurred at the time. Fixed penalty notice available.
Directions to pedestrians are covered separately by s.37. Failing to stop when required by a constable is a different offence (s.163).
Six-month time limit for prosecution.

Legislation: Road Traffic Act 1988, s.35 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: Fine of up to £1,000 (level 3)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Failing to comply with directions of a constable or traffic officer: questions people ask

What are the points to prove for failing to comply with directions of a constable or traffic officer?

1. A constable or traffic officer was engaged in the regulation of traffic in a road 2. The defendant was driving or propelling a vehicle 3. They were directed to stop, or to make the vehicle proceed in or keep to a particular line of traffic 4. By the constable acting in the execution of their duty, or by the traffic officer 5. They neglected or refused to comply 6. Alternatively, neglected or refused to comply with a direction given for the purposes of a traffic survey

What is the maximum sentence for failing to comply with directions of a constable or traffic officer?

Fine of up to £1,000 (level 3)

Is failing to comply with directions of a constable or traffic officer a summary, either-way or indictable offence?

Failing to comply with directions of a constable or traffic officer is a summary-only offence: it is tried in the magistrates’ court.

What Act and section is failing to comply with directions of a constable or traffic officer?

Failing to comply with directions of a constable or traffic officer is an offence under the Road Traffic Act 1988, s.35.

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