Stopping a Vehicle and Examining Documents Flashcards
What legislation allows all police officers to have the legal power to stop any mechanically propelled vehicle on a road?
s 163 of the Road Traffic Act 1988
They do not need to have any form of suspicion or authorisation.
The police officer must be on duty and in full uniform, and give a clear direction to driver to stop.
Failing to comply is a summary offence and the penalty is a fine.
All police officers to have the legal power to stop any mechanically propelled vehicle on a road.
What happens if the driver flees?
The police have a power of entry into premises in order to arrest for this offence.
(s 17 of the PACE Act 1984).
Police officer can no check all driver and vehicle documentation electronically by the side of the road, and there is a clear expectation that officers will verify the status of the documentation before allow a driver to proceed.
Here, a driver is:
- Any person driving a motor vehicle on a road.
- Any person the officer has reasonable cause to believe had been driving a motor vehicle on a road at the time it was involved in an accident.
- Any person who the officer has reasonable cause to believe has committed an offence in relation to the use of a motor vehicle on a road.
If it is not possible to make electronic checks at the scene of an incident, a police officer can request production of what documents?
- The drivers driving license (s 164(1))
- An appropriate insurance certificate (s 165(1)) (on paper or in electronic format on a suitable device (s 165(2A))).
- The vehicle’s MOT test certificate (s 165(1))
- CBT certificate (only motorcyclists without a full entitlement) (s 164(4A)).
…These requirements also apply for supervisors of learners (s 164(1)(d)).
Under the Road Traffic Act 1988 it is a summary offence for a person when required to fail to:
- Produce his/her licence or state his/her date of birth (s 164(6)).
- Produce his/her CBT certificate (motorcyclists only) (s 164(6)).
- State his/her name and address and the name of and address of the owner of the vehicle (s 165(3)).
- Produce a certificate of insurance or an MOT certificate (s 165(3)).
Officer can produce a HO/RT/1 form (not used in all forces) if. person fails to produce documents within a specified time:
- Within seven days in person at a police station (specified by the driver at the time of the request).
- As soon as reasonably practicable (a question of fact for a court to decide).
- At a later time if the driver can prove it was not reasonably practicable to do so before the day on which written charge proceedings were commenced.
Under what legislation does a police officer have the power to seize a vehicle if he/she has reasonable grounds for believing that the driver does not have a suitable license or that the vehicle is not adequately insured?
s 165A of the Road Traffic Act 1988
To seize a vehicle a police officer must be in uniform and have requested to see the relevant documents.
He/she must also warn the driver that the vehicle will be seized unless the documents are produced immediately.
A police officer has the power to seize a vehicle if he/she has reasonable grounds for believing that the driver does not have a suitable license or that the vehicle is not adequately insured
What happens if the driver fails to stop or has driven off?
The vehicle may be seized at any time in the 24 hour period following the incident.
A police officer has the legal power to enter the premises to seize a vehicle.
The officer must have reasonable grounds to believe the vehicle will be present, and reasonable force may be necessary.
When can a police pursuit happen?
When its justified, proportionate, cause the minimum amount of risk and be suitably authorised by the police control room.
Drivers must be suitably qualified (NPCC approved national training standards driving course) and have attended suitable refresher training every two to three years.
What two phases are pursuits split into?
An initial phase
A tactical phase
For any phase of a pursuit, what must the vehicle be fitted with?
Audio and visual warning equipment.
What vehicles cannot be used for pursuits?
Personnel carriers, and other vehicles which can transport many people, hired vehicles and personal vehicles.
What is the initial phase of a pursuit?
- The period of spontaneous pursuit before tactical resolution can be considered and actioned.
- Unmarked cars can be used if driven by an advanced driver.
- Tyre deflation systems may be employed at this stage.
What is the tactical phase of a pursuit?
- Once appropriate resolution tactics have been chosen and are ready to be deployed the pursuit moves into tactical phase.
- Driver must be tactical phase trained advanced driver, and one of the officers in a pursuing vehicle will be identified the ‘pursuit commander’ to implement tactical pursuit and containment (TPAC) tactics).
- Marked or unmarked cars can be used but the vehicle must be deemed fit for use in this phase.
What can road checks be used to determine?
Whether a vehicle is carrying people connected with an indictable offence (a witness or suspect), or who are unlawfully at large (s 4 of the PACE Act 1984).
There must be reasonable grounds for suspecting that the person is, or about to be in, the locality.
