The powers library39 of 59 Road policing

Requiring production of a driving licence

s.164Road Traffic Act 1988

Lets a constable or vehicle examiner require a driver, a suspected driver or a supervisor of a learner to produce their driving licence, and lets a constable require them to state their date of birth in set circumstances.

Requiring production of a driving licence · Road Traffic Act 1988, s.164Card 39 / 59

When you can use it

s.164(1)(a)The person is driving a motor vehicle on a road (no suspicion needed)
s.164(1)(b)Or reasonable cause to believe they were the driver when an accident occurred owing to the vehicle's presence on a road
s.164(1)(c)Or reasonable cause to believe they have committed an offence in relation to the use of a motor vehicle on a road
s.164(1)(d)Or they are supervising a provisional licence holder who is driving, or there is reasonable cause to believe they were supervising at the time of an accident or suspected offence
s.164(2)Date of birth only in prescribed circumstances (Motor Vehicles (Driving Licences) Regulations 1999, reg.83)
s.164(4)Constable has reasonable cause to believe someone knowingly made a false statement to obtain the licence
s.164(4A)Constable shown a provisional licence by a motorcyclist has reasonable cause to believe they were not riding as part of CBT training

What it allows

Requiring the person to produce their licence for examination, so the officer can find out the holder’s name and address, the date of issue and the issuing authority.
Requiring a person to state their date of birth (constable only).
Requiring a learner motorcyclist to produce their certificate of completion of a training course (CBT).
Requiring production and seizing a licence the holder has failed to hand over to the court or the Secretary of State, for example after revocation or an order to produce it to court (s.164(3), (5), (5A)).

Key definitions

Licence – s.164(11): a GB licence under Part III (full or provisional), a Northern Ireland licence or a Community licence.
Vehicle examiner – s.164(11): an examiner appointed under s.66A of the Act.
Prescribed circumstances – reg.83: the person fails to produce their licence there and then; or the constable has reason to suspect the licence produced was not granted to them, was granted in error, or has been altered with intent to deceive; or the driver number has been altered, removed or defaced; or the person is a supervisor and the constable suspects they are under 21.

Safeguards

Defence – s.164(8): it is a defence to show the licence was produced in person at a police station specified by the person when asked, within 7 days, or as soon as reasonably practicable, or that it was not reasonably practicable to produce it before proceedings began. Give the person the chance to nominate a station and record it.
Under s.164(9), the Secretary of State may later require evidence verifying a date of birth given to a constable.

Good to know

Failing to produce a licence or state a date of birth is an offence (s.164(6)). It is summary only, with a level 3 fine.
The power is not limited to officers in uniform. To stop the vehicle first, a constable in uniform uses s.163.
Related powers: s.165 covers name and address, insurance and MOT certificates; s.168 covers name and address for dangerous, careless or inconsiderate driving.
Exam trap: the paper counterpart was abolished on 8 June 2015, so it is no longer part of the requirement.

Legislation: Road Traffic Act 1988, s.164 (opens legislation.gov.uk in a new tab)
Who can use it: A constable or vehicle examiner (date of birth, s.164(4), (4A) and (5) – constable only)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Requiring production of a driving licence: questions people ask

When can the police use requiring production of a driving licence?

1. The person is driving a motor vehicle on a road (no suspicion needed) 2. Or reasonable cause to believe they were the driver when an accident occurred owing to the vehicle's presence on a road 3. Or reasonable cause to believe they have committed an offence in relation to the use of a motor vehicle on a road 4. Or they are supervising a provisional licence holder who is driving, or there is reasonable cause to believe they were supervising at the time of an accident or suspected offence 5. Date of birth only in prescribed circumstances (Motor Vehicles (Driving Licences) Regulations 1999, reg.83) 6. Constable has reasonable cause to believe someone knowingly made a false statement to obtain the licence 7. Constable shown a provisional licence by a motorcyclist has reasonable cause to believe they were not riding as part of CBT training

Who can use requiring production of a driving licence?

A constable or vehicle examiner (date of birth, s.164(4), (4A) and (5) – constable only)

What law gives the power for requiring production of a driving licence?

Road Traffic Act 1988, s.164.

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