Road Traffic Act 1988

165 Power of constables to obtain names and addresses of drivers and others, and to require production of evidence of insurance or security and test certificates. E+W+S

(1) Any of the following persons—

(a) a person driving a motor vehicle (other than an invalid carriage) on a road, or

(b) a person whom a constable [F1 or vehicle examiner] has reasonable cause to believe to have been the driver of a motor vehicle (other than an invalid carriage) at a time when an accident occurred owing to its presence on a road [F2 or other public place], or

(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 on a road of a motor vehicle (other than an invalid carriage),

must, on being so required by a constable [F1 or vehicle examiner], give his name and address and the name and address of the owner of the vehicle and produce the following documents for examination.

(2) Those documents are—

(a) the relevant certificate of insurance or certificate of security (within the meaning of Part VI of this Act), or such other evidence that the vehicle is not or was not being driven in contravention of section 143 of this Act as may be prescribed by regulations made by the Secretary of State,

(b) in relation to a vehicle to which section 47 of this Act applies, a test certificate issued in respect of the vehicle as mentioned in subsection (1) of that section, and

(c) in relation to a goods vehicle the use of which on a road without a plating certificate or goods vehicle test certificate is an offence under section 53(1) or (2) of this Act, any such certificate issued in respect of that vehicle or any trailer drawn by it.

[F3 (2A) Subsections (2B) and (2C) below apply where a certificate of insurance is treated as having been delivered to a person under section 147(1) of this Act by virtue of section 147(1A) of this Act.

(2B) In the case of a certificate transmitted to a person as described in section 147(1A)(a) of this Act, the person is to be treated for the purposes of this section as producing the relevant certificate of insurance if—

(a) using electronic equipment provided by him or made available to him by the constable or examiner, he provides the constable or examiner with electronic access to a copy of the certificate, or

(b) he produces a legible printed copy of the certificate.

(2C) In the case of a certificate made available to a person as described in section 147(1A)(b) of this Act, the person is to be treated for the purposes of this section as producing the relevant certificate of insurance if—

(a) using electronic equipment provided by him or made available to him by the constable or examiner, he provides the constable or examiner with electronic access on the website in question to a copy of the certificate, or

(b) he produces a legible printed copy of the certificate.

(2D) Nothing in subsection (2B) or (2C) above requires a constable or examiner to provide a person with electronic equipment for the purpose of compliance with a requirement imposed on the person by this section.]

(3) Subject to subsection (4) below, a person who fails to comply with a requirement under subsection (1) above is guilty of an offence.

(4) A person shall not be convicted of an offence under [F4 subsection (3)] above by reason only of failure to produce any certificate or other evidence F5 . . . if in proceedings against him for the offence he shows that—

(a) within seven days after the date on which the production of the certificate or other evidence was required it was produced at a police station that was specified by him at the time when its production was required, or

(b) it was produced there as soon as was reasonably practicable, or

(c) it was not reasonably practicable for it to be produced 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.

(5) A person—

(a) who supervises the holder of a provisional licence granted under Part III of this Act while the holder is driving on a road a motor vehicle (other than an invalid carriage), or

(b) whom a constable [F1 or vehicle examiner] has reasonable cause to believe was supervising the holder of such a 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], give his name and address and the name and address of the owner of the vehicle.

(6) A person who fails to comply with a requirement under subsection (5) above is guilty of an offence.

(7) In this section “owner”, in relation to a vehicle which is the subject of a hiring agreement, includes each party to the agreement [F6 and “vehicle examiner” means an examiner appointed under section 66A of this Act.]

Textual Amendments

F1 Words in s. 165(1) and (5) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 69(2)(3); S.I. 1992/1286, art. 2, Sch.

F2 Words in s. 165(1)(b) inserted (3.4.2000) by S.I. 2000/726, art. 2(5)

F3 S. 165(2A)-(2D) inserted (30.4.2010) by The Motor Vehicles (Electronic Communication of Certificates of Insurance) Order 2010 (S.I. 2010/1117), art. 6

F4 Words substituted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 19

F5 Words in s. 165(4) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch.

F6 Words in s. 165(7) added (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 69(4); S.I. 1992/1286, art. 2, Sch.

Modifications etc. (not altering text)

C1 S. 165 modified by Energy Act 1976 (c. 76, SIF 44:3), s. 4(2), Sch. 1 para. 4(2) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 17(c))

C2 S. 165: power to extend conferred by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 96(2)(c)(iv)(3) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(6)(d)(7)(a))

C3 S. 165 applied (23.6.1999) by S.I. 1999/1736, art. 8(6)

C4 S. 165 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

C5 S. 165(1) extended (S.) (21.3.1999) by S.I. 1999/854, art. 3(3)

S. 165(1) applied (23.6.1999) by S.I. 1999/1736, art. 8(7)

C6 S. 165(1) extended by Police Reform Act 2002 (c. 30), Sch. 4 para. 3A(1)(a)(2) (as inserted (E.W.) (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122(7), 178, Sch. 8 para. 6; S.I. 2005/1521, art. 3(1) (subject to art. 3(4)(5)))

S. 165(1) extended by Police Reform Act 2002 (c. 30), Sch. 5 para. 3A(1)(a) (as inserted (E.W.) (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122(7), 178, Sch. 8 para. 19; S.I. 2005/1521, art. 3(1) (subject to art. 3(4)(5)))