Road Traffic Act 1988

35 Drivers to comply with traffic directions. E+W+S

(1) Where a constable [F1 or traffic officer] is for the time being engaged in the regulation of traffic in a road, a person driving or propelling a vehicle who neglects or refuses—

(a) to stop the vehicle, or

(b) to make it proceed in, or keep to, a particular line of traffic,

when directed to do so by the constable in the execution of his duty [F2 or the traffic officer (as the case may be)] is guilty of an offence.

(2) Where—

(a) a traffic survey of any description is being carried out on or in the vicinity of a road, and

(b) a constable [F3 or traffic officer] gives to a person driving or propelling a vehicle a direction—

(i) to stop the vehicle,

(ii) to make it proceed in, or keep to, a particular line of traffic, or

(iii) to proceed to a particular point on or near the road on which the vehicle is being driven or propelled,

being a direction given for the purposes of the survey (but not a direction requiring any person to provide any information for the purposes of a traffic survey),

the person is guilty of an offence if he neglects or refuses to comply with the direction.

(3) The power to give such a direction as is referred to in subsection (2) above for the purposes of a traffic survey shall be so exercised as not to cause any unreasonable delay to a person who indicates that he is unwilling to provide any information for the purposes of the survey.

Textual Amendments

F1 Words in s. 35(1) inserted (E.W.) (4.10.2004 for E. and 1.5.2009 for W.) by Traffic Management Act 2004 (c. 18), ss. 6(2)(a)(i), 99 (with s. 38); S.I. 2004/2380, art. 2(a); S.I. 2009/1095, art. 2

F2 Words in s. 35(1) inserted (E.W.) (4.10.2004 for E. and 1.5.2009 for W.) by Traffic Management Act 2004 (c. 18), ss. 6(2)(a)(ii), 99 (with s. 38); S.I. 2004/2380, art. 2(a); S.I. 2009/1095, art. 2

F3 Words in s. 35(2)(b) inserted (E.W.) (4.10.2004 for E. and 1.5.2009 for W.) by Traffic Management Act 2004 (c. 18), ss. 6(2)(b), 99 (with s. 38); S.I. 2004/2380, art. 2(a); S.I. 2009/1095, art. 2

Modifications etc. (not altering text)

C1 S. 35 modified (12.2.2002) by 2002 c. 30, s. 38, Sch. 4 Pt. 1 para. 12(2); S.I. 2002/2750, art. 2(a)(ii)(d)

S. 35 modified (12.2.2002) by 2002 c. 30, s. 41, Sch. 5 para. 9(2); S.I. 2002/2750, art. 2(a)(iii)

S. 35 modified by Police Reform Act 2002 (c. 30), Sch. 4 para. 11B(4) (as inserted (E.W.) (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122(7), 178, Sch. 8 para. 10; S.I. 2005/1521, art. 3(1) (subject to art. 3(4)(5)))

S. 35 modified by Police Reform Act 2002 (c. 30), Sch. 5 para. 8B(4) (as inserted (E.W.) (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122(7), 178, Sch. 8 para. 20; S.I. 2005/1521, art. 3(1) (subject to art. 3(4)(5)))

C2 S. 35(1): power to extend conferred by Road Traffic Regulation Act 1984 (c.27, SIF 107:1), s. 96(2)(c)(i) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(6)(a))

S. 35(1) extended (S.) (21.3.1999) by S.I. 1999/854, art. 3(2)(b)