Road Traffic Act 1988

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 ... 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 it was] 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 F2 ... 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 F2 ... to the Secretary of State [F10 or [F11 a 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 F2 ...], and upon [F18 its] being produced may seize [F19 it] and deliver [F19 it] 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 F2 ... 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, [F24 section 168 of the Sentencing Code]] or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975] to produce a licence F2 ... to the court and fails to do so, a constable may require him to produce [F25 it] and, upon [F26 its] being produced, may seize [F25 it] and deliver [F25 it] to the court.

[F27 (5A) If a person is required to surrender the person’s licence or test certificate to the Secretary of State under—

(a) section 37A of the Road Traffic Offenders Act 1988, or

(b) section 3A of, or paragraph 5A or 8A of Schedule 1 to, the Road Traffic (New Drivers) Act 1995,

and fails to do so, a constable or vehicle examiner may require the person to produce the licence or test certificate and, upon its being produced, may seize it and deliver it to the Secretary of State.

(5B) In subsection (5A), “test certificate” has the same meaning as in Schedule 1 to the Road Traffic (New Drivers) Act 1995.]

(6) If a person required under the preceding provisions of this section to produce a licence F2 ... or state his date of birth [F28 or to produce his certificate of completion of a training course for motor cyclists]. . . fails to do so he is, subject to subsections [F29 (8) and] [F30 (8A)] below, guilty of an offence.

F31 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In proceedings against any person for the offence of failing to produce a licence F2 ... it shall be a defence for him to show that—

(a) within seven days after the production of his licence F2 ... was required he produced [F32 it] in person at a police station that was specified by him at the time [F33 its] production was required, or

(b) he produced [F32 it] in person there as soon as was reasonably practicable, or

(c) it was not reasonably practicable for him to produce [F32 it] 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.

F34 [(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[F35 —

(a) if the statement to the constable was made in England and Wales, in accordance with Criminal Procedure Rules, or

(b) if that statement was made elsewhere,]

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 [F36 this paragraph] and section 7 of the Interpretation Act 1978 M1 in its application to [F36 this paragraph] the proper address of any person shall be his latest address as known to the person giving the notice.

[F37 (10A) For the purposes of subsection (10)(a)—

(a) Criminal Procedure Rules (as they have effect from time to time) apply to the notice as if it were a document to be served in criminal proceedings before a magistrates’ court, and

(b) any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service.]

[F38 (11) In this section—

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

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

and “ Community licence”, F40 ... , [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 in s. 164 repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 26(2), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

F3 Words in s. 164(1) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 26(3); S.I. 2015/560, art. 3(a) (with arts. 4-9)

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 (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)

F11 Words in s. 164(3)(b) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

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 in s. 164(3) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 26(4)(a); S.I. 2015/560, art. 3(a) (with arts. 4-9)

F19 Words in s. 164(3) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 26(4)(b); S.I. 2015/560, art. 3(a) (with arts. 4-9)

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 in s. 164(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 98 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F25 Words in s. 164(5) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 26(5)(a); S.I. 2015/560, art. 3(a) (with arts. 4-9)

F26 Word in s. 164(5) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 26(5)(b); S.I. 2015/560, art. 3(a) (with arts. 4-9)

F27 S. 164(5A)(5B) inserted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 10 para. 23(2); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F28 Words inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22, SIF 107:1), s. 7, Sch. 3 para. 18(c)

F29 Words in s. 164(6) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 10 para. 23(3); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F30 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.

F31 S. 164(7) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 10 para. 23(4); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F32 Words in s. 164(8) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 26(7)(a); S.I. 2015/560, art. 3(a) (with arts. 4-9)

F33 Word in s. 164(8) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 26(7)(b); S.I. 2015/560, art. 3(a) (with arts. 4-9)

F34 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.

F35 S. 164(10)(a)(b) inserted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(3), Sch. 1 para. 10(2)(a)(i)

F36 Words in s. 164(10) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(3), Sch. 1 para. 10(2)(a)(ii)

F37 S. 164(10A) inserted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(3), Sch. 1 para. 10(2)(b)

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 Word in s. 164(11) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 26(8), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

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)

C1 S. 164(1)(6)(8) applied (with modifications) (12.11.1999) by S.I. 1999/2864, reg. 80(5)(e)

C2 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))

C3 S. 164(1) applied (with modifications) by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9).

C4 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))

C5 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)

C6 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))

C7 S. 164(6) applied (with modifications) by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9).

C8 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 1978 c. 30.