Power to Stop and Search
Legislation
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Section 35 Road Traffic Act 1988
Section 163 Road Traffic Act 1988
Section 4 PACE 1984
Section 35 RTA 1988
Allows Police, PCSO or Traffic Officer to direct a person driving or propelling a vehicle to
Make it proceed / keep to a particular lane
Proceed to a particular point
Stop a vehicle
Failing to comply with traffic direction given by a constable - offence
Section 163 RTA 1988
Allows a constable in uniform or traffic officer to STOP a MVP being driven, or a cycle being ridden on a road.
The person must then stop when required to do so.
Must be in uniform
Section 4 of PACE
Section 164 of the RTA 1988
Police can conduct road checks for the purpose of ascertaining whether a vehicle is carrying:
A person who has committed an offence other than a traffic offence or an excise offence
A person who is a itness to such offences
A person intending to commit such offences
A person who is unlawfully at large.
Road checks under this section will be authorised by SI or above in writing
If a matter of urgency an officer below SI may authorise the road check
Gives Police officer powers to require the driver of a MV on a road to produce their licence. It also applies to those suspectd of driving at the time of an accident or who are suspected of committing an offence in relation to use of a motor vehicle on a road.
Section 165
Gives Police the powere to request the name and address of a driver under the same circumstances, and the name and address of the owner of the vehicle. It also gives the power to require the production of insurance documents as test certificates.
Failure to produce
Failure to produce these documents on demand is an offence, as is refusing to provide name and address; under these circumstances the person could be arrested if Code G PACE applies.