The powers library40 of 59 Road policing

Requiring name, address, insurance and MOT

s.165Road Traffic Act 1988

Lets an officer require a driver, or a person believed to have been the driver at an accident or when a road traffic offence was committed, to give names and addresses and produce insurance and test certificates.

Requiring name, address, insurance and MOT · Road Traffic Act 1988, s.165Card 40 / 59

When you can use it

Required by a constable, or by a vehicle examiner appointed under s.66A
s.165(1)(a)The person is driving a motor vehicle (not an invalid carriage) on a road – no suspicion is needed
s.165(1)(b)Reasonable cause to believe the person was driving when an accident occurred owing to the vehicle's presence on a road or other public place
s.165(1)(c)Reasonable cause to believe the person committed an offence in relation to the use of a motor vehicle on a road
s.165(5)A person supervising a provisional licence holder driving on a road, or believed on reasonable cause to have been supervising at the time of an accident on a road or a suspected offence – name and address only

What it allows

Require the person to give their own name and address and the name and address of the vehicle’s owner.
Require them to produce, for examination, the certificate of insurance (or other prescribed evidence that the vehicle was not being used in breach of s.143).
Require a test certificate (MOT) where s.47 applies to the vehicle, and plating or goods vehicle test certificates for a goods vehicle (and any trailer it draws) where s.53 applies.
A supervisor of a learner can only be required to give their own and the owner’s name and address (s.165(5)).

Key definitions

Owner – s.165(7): for a hired vehicle, this includes each party to the hiring agreement.
Produce – s.165(2A)–(2D): giving electronic access to a copy of the insurance certificate, or a legible printed copy, counts. The officer does not have to supply any equipment.
Accident – it must have occurred owing to the vehicle’s presence on a road or other public place (s.165(1)(b)).

Safeguards

Seven-day defence – s.165(4): no conviction for failing to produce a certificate if the person produced it at a police station they named at the time within seven days, or as soon as reasonably practicable, or it was not reasonably practicable to produce it before proceedings began.
Caution – PACE Code C para 10.1: no caution is needed for questions solely to establish identity or vehicle ownership, or to obtain information under a statutory requirement. Caution once questioning moves to a suspected offence.
After a caution – Code C para 10.9: if the person refuses to give particulars required by statute, tell them the refusal may be an offence and that this is not affected by the caution.

Good to know

Failing to comply is an offence: s.165(3) for drivers, s.165(6) for supervisors. Both are summary only, with a level 3 fine.
The seven-day defence covers only failure to produce documents. It never excuses refusing to give a name and address.
Driving licences are dealt with under s.164, not s.165. The power to stop the vehicle is s.163.
If the driver cannot produce insurance and the officer has reasonable grounds for believing it is being or was driven uninsured (s.143), a constable in uniform may seize the vehicle under s.165A, after warning the driver unless that is impracticable.

Legislation: Road Traffic Act 1988, s.165 (opens legislation.gov.uk in a new tab)
Who can use it: A constable or a vehicle examiner
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Requiring name, address, insurance and MOT: questions people ask

When can the police use requiring name, address, insurance and MOT?

1. Required by a constable, or by a vehicle examiner appointed under s.66A 2. The person is driving a motor vehicle (not an invalid carriage) on a road – no suspicion is needed 3. Reasonable cause to believe the person was driving when an accident occurred owing to the vehicle's presence on a road or other public place 4. Reasonable cause to believe the person committed an offence in relation to the use of a motor vehicle on a road 5. A person supervising a provisional licence holder driving on a road, or believed on reasonable cause to have been supervising at the time of an accident on a road or a suspected offence – name and address only

Who can use requiring name, address, insurance and MOT?

A constable or a vehicle examiner.

What law gives the power for requiring name, address, insurance and MOT?

Road Traffic Act 1988, s.165.

More road policing powers

All road policing powers