RTA 1988
Road Traffic Act 1988
The principal Act for road policing in Great Britain — driver requirements, document production, drink and drug driving, dangerous and careless driving, and the duties of drivers after an incident.
Self-test
Sections
Section 163 — Power of police to stop vehicles
A constable in uniform may require any person driving a mechanically propelled vehicle, or riding a cycle, on a road to stop. Failure to stop is an offence.
- Constable MUST be in uniform.
- Applies to mechanically propelled vehicles and pedal cycles.
- No grounds required to make the stop itself — but any subsequent action needs its own power (search, breath test, etc.).
- Failing to stop is a summary offence — fine and 3 points (driver) or fine (cyclist).
Section 164 — Power to require production of driving licence and date of birth
Power for a constable (or VOSA examiner) to require a driver, or a person reasonably believed to have been driving, to produce their driving licence and state their date of birth.
- Driver must produce licence on demand at the time, or within 7 days at a nominated police station (HORT/1).
- Failure to produce without reasonable excuse is a summary offence.
- Also applies to supervisors of provisional licence holders and those who gave information leading to the prosecution.
Section 165 — Power to require production of insurance and test certificate
Power to require production of a certificate of insurance, MOT test certificate, and details of the owner of the vehicle.
- Same 7-day producer regime as s.164.
- Combined with s.165A — power to seize a vehicle being driven without insurance or otherwise than in accordance with a licence.
- Section 143 RTA 1988 creates the substantive 'no insurance' offence.
Section 4 — Driving / in charge when unfit through drink or drugs
Driving, attempting to drive, or being in charge of a mechanically propelled vehicle on a road or other public place when unfit to drive through drink or drugs (i.e. ability impaired).
- Impairment-based — no specified limit; evidence comes from FIT (Field Impairment Test) and medical examination.
- Power of arrest under s.4(6) where constable has reasonable cause to suspect the offence.
- Driving/attempting — disqualification mandatory (min 12 months). In charge — discretionary disqualification + 10 points.
Section 5 — Driving / in charge with excess alcohol
Driving, attempting to drive, or being in charge of a motor vehicle on a road/public place after consuming alcohol over the prescribed limit.
- Limits (England & Wales): 35 µg/100ml breath, 80 mg/100ml blood, 107 mg/100ml urine. Scotland is lower (22 / 50 / 67).
- No need to prove impairment — exceeding the limit is the offence.
- Power to require evidential specimens at the station under s.7.
- Driving/attempting — mandatory 12-month disqualification.
Section 5A — Driving / in charge with concentration of specified controlled drug above limit
Drug-drive offence with prescribed limits for 17 controlled drugs (illicit and prescribed). Operates the same way as s.5 but for drugs.
- Roadside drug wipe (oral fluid) for cannabis (THC) and cocaine — preliminary test power under s.6A/6C.
- Evidential blood sample taken at station / hospital.
- Statutory medical defence for prescribed drugs taken in accordance with directions.
Section 6 — Preliminary tests (breath, impairment, drug)
Power for a constable to require a preliminary breath test, preliminary impairment test, or preliminary drug test where one of the statutory triggers is met.
- Triggers: reasonable suspicion of alcohol/drugs in body or having committed a moving traffic offence; or reasonable suspicion of involvement in an RTC.
- After an RTC the test may be required without suspicion of drink/drugs.
- Failure to provide a preliminary specimen without reasonable excuse is an offence — power of arrest under s.6D.