Road Traffic Act 1988 (c. 52)

Part VII E+W+S Miscellaneous and General

Modifications etc. (not altering text)

C1 Pt. VII modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), art. 27

Powers of constables and other authorised persons E+W+S

164 Power of constables to require production of driving licence and in certain cases statement of date of birth. E+W+S

(1) Any of the following persons—

(a) a person driving a motor vehicle on a road,

(b) a person whom a constable [F1 or vehicle examiner] has reasonable cause to believe to have been the driver of a motor vehicle at a time when an accident occurred owing to its presence on a road,

(c) a person whom a constable [F1 or vehicle examiner] has reasonable cause to believe to have committed an offence in relation to the use of a motor vehicle on a road, or

(d) a person—

(i) who supervises the holder of a provisional licence while the holder is driving a motor vehicle on a road, or

(ii) whom a constable [F1 or vehicle examiner] has reasonable cause to believe was supervising the holder of a provisional licence while driving, at a time when an accident occurred owing to the presence of the vehicle on a road or at a time when an offence is suspected of having been committed by the holder of the provisional licence in relation to the use of the vehicle on a road,

must, on being so required by a constable [F1 or vehicle examiner], produce his licence [F2 and its counterpart] for examination, so as to enable the constable [F1 or vehicle examiner] to ascertain the name and address of the holder of the licence, the date of issue, and the authority by which [F3 they were] issued.

(2) [F4 A person required by a constable under subsection (1) above to produce his licence] must in prescribed circumstances, on being so required by the constable, state his date of birth.

(3) If—

[F5 (a) [F6 a person is required to deliver his licence and its counterpart to the Secretary of State under section 63 of the Crime (International Co-operation) Act 2003 or ] the Secretary of State has—

(i) revoked a licence under section [F7 92,] 93 or 99 of this Act, or

(ii) revoked or suspended a large goods vehicle driver’s licence or a passenger-carrying vehicle driver’s licence under section 115 of this Act, and][F8 or

(iii) served notice requiring the delivery of a licence to him in pursuance of section 99C [F9 , 109B] or 115A of this Act,]

(b) the holder of the licence fails to deliver it [F10 and its counterpart] to the Secretary of State [F11 or the traffic commissioner, as the case may be] in pursuance of [F12 section [F7 92,] 93, 99 [F13 99C, [F14 , 109B] 115A or 118][F15 or section 63 of the Crime (International Co-operation) Act 2003] (as the case may be)],

a constable [F16 or vehicle examiner] may require him to [F17 produce the licence and its counterpart], and upon [F17 their] being produced may seize [F18 them] and deliver [F18 them] to the Secretary of State.

(4) Where a constable has reasonable cause to believe that the holder of a licence, or any other person, has knowingly made a false statement for the purpose of obtaining the grant of the licence, the constable may require the holder of the licence to produce it [F19 and its counterpart] to him.

[F20 (4A) Where a constable to whom a provisional licence has been produced by a person driving a motor bicycle has reasonable cause to believe that the holder was not driving it as part of the training being provided on a training course for motor cyclists, the constable may require him to produce the prescribed certificate of completion of a training course for motor cyclists.]

(5) Where a person has been required under [F21 section 26 or 27 of the Road Traffic Offenders Act 1988 [F22 , section 40B of the Child Support Act 1991][F23 , section 40 of the Crime (Sentences) Act 1997, section 146 or 147 of the Powers of Criminal Courts (Sentencing) Act 2000] or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975] to produce a licence [F24 and its counterpart] to the court and fails to do so, a constable may require him to produce [F25 them] and, upon [F25 their] being produced, may seize [F25 them] and deliver [F25 them] to the court.

(6) If a person required under the preceding provisions of this section to produce a licence [F26 and its counterpart] or state his date of birth [F27 or to produce his certificate of completion of a training course for motor cyclists]. . . fails to do so he is, subject to subsections (7) [F28 to (8A)] below, guilty of an offence.

(7) Subsection (6) above does not apply where a person required on any occasion under the preceding provisions of this section to produce a licence [F29 and its counterpart]—

(a) produces on that occasion a current receipt for the licence [F30 and its counterpart] issued under section 56 of the M1 Road Traffic Offenders Act 1988 and, if required to do so, produces the licence [F30 and its counterpart] in person immediately on [F31 their] return at a police station that was specified on that occasion, or

(b) within seven days after that occasion produces such a receipt in person at a police station that was specified by him on that occasion and, if required to do so, produces the licence [F32 and its counterpart] in person immediately on [F33 their] return at that police station.

(8) In proceedings against any person for the offence of failing to produce a licence [F34 and its counterpart] it shall be a defence for him to show that—

(a) within seven days after the production of his licence [F34 and its counterpart] was required he produced [F35 them] in person at a police station that was specified by him at the time [F36 their] production was required, or

(b) he produced [F35 them] in person there as soon as was reasonably practicable, or

(c) it was not reasonably practicable for him to produce [F35 them] there before the day on which the proceedings were commenced,

and for the purposes of this subsection the laying of the information or, in Scotland, the service of the complaint on the accused shall be treated as the commencement of the proceedings.

F37 [(8A) Subsection (8) above shall apply in relation to a certificate of completion of a training course for motor cyclists as it applies in relation to a licence.]

(9) Where in accordance with this section a person has stated his date of birth to a constable, the Secretary of State may serve on that person a notice in writing requiring him to provide the Secretary of State—

(a) with such evidence in that person’s possession or obtainable by him as the Secretary of State may specify for the purpose of verifying that date, and

(b) if his name differs from his name at the time of his birth, with a statement in writing specifying his name at that time,

and a person who knowingly fails to comply with a notice under this subsection is guilty of an offence.

(10) A notice authorised to be served on any person by subsection (9) above may be served on him by delivering it to him or by leaving it at his proper address or by sending it to him by post; and for the purposes of this subsection and section 7 of the Interpretation Act 1978 M2 in its application to this subsection the proper address of any person shall be his latest address as known to the person giving the notice.

[F38 (11) In this section—

• “licence” means a licence under Part III of this Act [F39 , a Northern Ireland licence] or [F40 an EU] licence,

• “vehicle examiner” means an examiner appointed under section 66A of this Act;

and “[F40 EU] licence”, “counterpart”, [F41 “Northern Ireland licence”,]“provisional licence”, “training course for motor cyclists” and, in relation to such a course, “the prescribed certificate of completion” have the same meanings as in Part III of this Act.]

Textual Amendments

F1 Words in s. 164(1) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 68(2); S.I. 1992/1286, art. 2, Sch.

F2 Words inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 9(a)(i)(ii)

F3 Words substituted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 9(a)(i)(ii)

F4 Words in s. 164(2) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 68(3); S.I. 1992/1286, art. 2, Sch.

F5 S. 164(3)(a) substituted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22, SIF 107:1), s. 7, Sch. 3 para. 18(a)(i)

F6 Words in s. 164(3)(a) inserted (28.1.2010) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 27(a)(i); S.I. 2008/3009, art. 2; London Gazette issue no. 59317 dated 26.1.2010, p. 1229; Edinburgh Gazette issue no. 26739 dated 26.1.2010, p. 244; Belfast Gazette issue no. 7156 dated 22.1.2010, p. 33

F7 Words in s. 164(3) inserted (1.7.1998) by S.I. 1998/1420, reg. 14

F8 S. 164(3)(a)(iii) and preceding word “or" inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 30(2)(a)

F9 Words in s. 164(3)(a)(iii) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 27(a)(ii); S.I. 2004/2624, art. 2(2)(b)

F10 Words inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 9(b)(i)

F11 Words inserted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 18(a)(ii)

F12 Words substituted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 18(a)(ii)

F13 Words in s. 164(3)(b) substituted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 30(2)(b)

F14 Words in s. 164(3)(b) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 27(a)(iii); S.I. 2004/2624, art. 2(2)(b)

F15 Words in s. 164(3)(b) inserted (28.1.2010) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 27(a)(iii); S.I. 2008/3009, art. 2; London Gazette issue no. 59317 dated 26.1.2010, p. 1229; Edinburgh Gazette issue no. 26739 dated 26.1.2010, p. 244; Belfast Gazette issue no. 7156 dated 22.1.2010, p. 33

F16 Words in s. 164(3) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 68(4); S.I. 1992/1286, art. 2, Sch.

F17 Word(s) substituted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 9(b)(ii)(iii)

F18 Word substituted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 9(b)(iv)

F19 Words inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 9(c)

F20 S. 164(4A) inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22, SIF 107:1), s. 7, Sch. 3 para. 18(b)

F21 Words in s. 164(5) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 68(5); S.I. 1992/1286, art. 2, Sch.

F22 Words in s. 164(5) inserted (10.11.2000 for specified purposes and otherwise 2.4.2001) by 2000 c. 19, s. 16(4) (with s. 83(6)); S.I. 2000/2994, art. 2(1), Sch. Pt. I; S.I. 2000/3554, art. 2(3)

F23 Words in s. 164(5) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 117

F24 Words inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 9(d)(i)(ii)(iii)

F25 Word substituted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 9(d)(i)(ii)(iii)

F26 Words inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 9(e)

F27 Words inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22, SIF 107:1), s. 7, Sch. 3 para. 18(c)

F28 Words in s. 164(6) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 68(6); S.I. 1992/1286, art. 2, Sch.

F29 Words inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 9(f)(i)

F30 Words inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 9(f)(ii)

F31 Word substituted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 9(f)(ii)

F32 Words inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 9(f)(iii)

F33 Word substituted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 9(f)(iii)

F34 Words inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 9(g)(i)

F35 Word substituted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 9(g)(ii)

F36 Word substituted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 9(g)(ii)

F37 S. 164(8A) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 68(7); S.I. 1992/1286, art. 2, Sch.

F38 S. 164(11) substituted (27.3.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 30(3)

F39 S. 164(11): words in definition of "licence" inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 27(b)(i); S.I. 2004/2624, art. 2(2)(b)

F40 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))

F41 Words in s. 164(11) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 27(b)(ii); S.I. 2004/2624, art. 2(2)(b)

Modifications etc. (not altering text)

C2 S. 164(1)(6)(8) applied (with modifications) (12.11.1999) by S.I. 1999/2864, reg. 80(5)(e)

C3 S. 164(1): power to extend conferred by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 96(2)(c)(iii)(3) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(6)(c)(7)(a))

C4 S. 164(1) applied (with modifications) by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9).

C5 S. 164(2): power to extend conferred by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 96(2)(c)(iii)(3) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(6)(c)(7)(a))

C6 S. 164(5) extended (E.W.) (1.1.1998) by 1997 C. 43, s. 39(5)(a), 40(6); S.I. 1997/2200, art. 3(b)(c)

C7 S. 164(6): power to extend conferred by Road Traffic Regulation Act 1984 (c.27, SIF 107:1), s. 96(2)(c)(iii)(3) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(6)(c)(7)(a))

C8 S. 164(6) applied (with modifications) by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9).

C9 S. 164(8) applied with modifications by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9)

Marginal Citations

M1 1988 c. 53.

M2 1978 c. 30.