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

167 Power of arrest in Scotland for reckless or careless driving or cycling. S

A constable—

(a) may arrest without warrant the driver of a motor vehicle who within his view commits an offence under section 2 or 3 of this Act unless the driver either gives his name and address or produces for examination his licence to drive a motor vehicle granted under Part III of this Act [F1 and the counterpart of the licence][F2 or, as the case may be, his [F3 Northern Ireland licence or] Community licence within the meaning of that Part and its counterpart (if any)], and

(b) may arrest without warrant the rider of a cycle who within his view commits an offence under section 28 or 29 of this Act unless the rider gives his name and address.

This section extends only to Scotland.

Textual Amendments

F1 Words inserted by S.I. 1990/144, regs. 2(1), 3, Sch. 1 para. 10

F2 Words in s. 167 inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 31

F3 Words in s. 167 inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91(1), 94, Sch. 5 para. 28; S.I. 2004/2624, art. 2(2)(b)