HORT 1

Question 1

State the police power relating to the requirement for the production of a driving licence, certificate of insurance, MOT Test Certificate and registration document.

Answer 1

• Section 164 Road Traffic Act 1988 provides constables with a power to require the production of a driving licence.
• Section 165 of the Road Traffic Act 1988 creates the power for a constable or vehicle examiner to obtain the names and addresses of drivers and owners of vehicles and require them to produce their certificates of insurance or security or test certificates
• Section 28A of the Vehicle Excise and Registration Act 1994 provides constables and authorised persons with a power to require the person using a vehicle to produce its registration document on demand

Question 2

State the police power to require an individual’s date of birth relating to the use of a motor vehicle on a road.

Answer 2

Section 164 Road Traffic Act 198 -

A person required by a constable to produce his licence must in prescribed circumstances, on being so required by the constable, state his date of birth.

The prescribed circumstances are:
(a) where that person fails to produce forthwith for examination his licence on being required to do so by a police constable under that section; or
(b) where, on being so required, that person produces a licence:
(i) which the police constable in question has reason to suspect was not granted to that person, was granted to that person in error or contains an alteration in the particulars entered on the licence (other than as described in paragraph (ii) made with
intent to deceive; or
(ii) in which the driver number has been altered, removed or defaced;
(c) where that person is a person supervising a provisional licence holder and is reasonably suspected to be under 21 years of age.

Question 3

Explain the police power to seize vehicles under Section 165 Road Traffic Act 1988.

Answer 3

Sec 165A Road Traffic Act 1988 states that, if any of the specified conditions are satisfied in relation to a vehicle, a constable may:
* Seize the vehicle
* Remove the vehicle
* Enter any premises other than a private dwelling house on which he/she has reasonable grounds for believing the vehicle to be.

Question 4

Describe the process of issuing form HORT/1 and what is required of the recipient.

Answer 4

If a person cannot produce driving or vehicle documents at the time you should first check PNC to ascertain if all documentation is in order as driving licence, insurance and M.O.T details may be held.
If you are unable to ascertain these details, you should issue them with the HO/RT 1 form to be produced with them at a police station.