Road policing powers.
Stopping vehicles, producing a licence, insurance and MOT, seizing uninsured vehicles, preliminary breath tests, evidential specimens and vehicles used anti-socially.
8 powers · the conditions, who can use them and the safeguards
Quick reference
| Power | Legislation | Who can use it | What it allows |
|---|---|---|---|
| Arrest after a preliminary test and entry after an injury accident | Road Traffic Act 1988, ss.6D–6E | A constable | Lets a constable arrest without warrant a person whose preliminary breath or drug test indicates they are over the limit, or who fails to co-operate with a preliminary test, and to enter any place to test or arrest after an accident involving injury. |
| Power to stop vehicles | Road Traffic Act 1988, s.163 | A constable in uniform, or a traffic officer in uniform | Lets a constable in uniform require the driver of any mechanically propelled vehicle, or the rider of a cycle, on a road to stop, without needing any suspicion. |
| Preliminary tests (breath, impairment and drug tests) | Road Traffic Act 1988, ss.6–6C | A constable (in uniform for s.6(2)–(4)) | Lets a constable require a driver or person in charge of a motor vehicle to co-operate with a roadside breath, impairment or drug test, where drink or drugs, a moving traffic offence or an accident is suspected. |
| Provision of specimens for analysis | Road Traffic Act 1988, ss.7–7A | A constable | Lets a constable investigating a drink or drug driving offence require evidential specimens of breath, blood or urine, at the places and on the grounds the Act sets out. |
| Requiring name, address, insurance and MOT | Road Traffic Act 1988, s.165 | A constable or a vehicle examiner | 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 production of a driving licence | Road Traffic Act 1988, s.164 | A constable or vehicle examiner (date of birth, s.164(4), (4A) and (5) – constable only) | 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. |
| Seizing vehicles used antisocially | Police Reform Act 2002, s.59 | A constable in uniform | Lets a uniformed constable stop, seize and remove a motor vehicle that is being, or has been, driven carelessly, inconsiderately or off-road in a way that causes or is likely to cause alarm, distress or annoyance to the public. |
| Seizure of vehicles driven without a licence or insurance | Road Traffic Act 1988, s.165A | A constable in uniform | Lets a uniformed constable seize and remove a motor vehicle when the driver fails to produce a licence or evidence of insurance, or fails to stop, and the constable reasonably believes it is or was being driven without a licence or insurance. |
Tap a power for the numbered conditions, the safeguards and the key definitions.