Statutory Instruments
2022 No. 1112
Police
Roads
The Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2022
Made
27th October 2022
Laid before Parliament
31st October 2022
Coming into force
30th November 2022
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 192(1) and 195(7) of the Road Traffic Act 1988(1).
In accordance with section 195(2) of the Road Traffic Act 1988, the Secretary of State has consulted with representative organisations.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2022 and come into force on 30th November 2022.
(2) These Regulations extend to Great Britain.
Interpretation
2. In these Regulations—
“the 1988 Act” means the Road Traffic Act 1988;
“Chief officer” means—
in relation to a police force maintained under section 2 of the Police Act 1996(2), the chief constable;
in relation to Police Scotland, the chief constable;
in relation to the metropolitan police force, the Commissioner of Police of the Metropolis;
in relation to the City of London police force, the Commissioner of Police for the City of London;
in relation to the British Transport Police Force, Ministry of Defence Police and Civil Nuclear Constabulary, the chief constable, and
in relation to the National Crime Agency, the Director General.
Prescribed training provided in England and Wales
3. A training course listed in column 1 of Table 1 in the Schedule is prescribed training for the purposes of sections 2A and 3ZA of the 1988 Act(3) if—
(a)it is delivered by a provider licensed by the College of Policing;
(b)the instructor or trainer has met, respectively, the Police Sector Standards for Training for Instructors or Police Sector Standard for Training for trainers;
(c)it includes consideration of and instruction on—
(i)the National Decision Model, and
(ii)the College of Policing’s Authorised Professional Practice for Roads Policing: Police Drivers and, where relevant, Police Pursuits;
(d)it meets the relevant requirements in columns 2 and 3 of Table 1.
Required refresher training frequency for training provided in England and Wales
4. At the end of the period specified in column 4 of Table 1 in the Schedule, a training course listed in column 1 of Table 1 is prescribed training for the purposes of sections 2A and 3ZA of the 1988 Act if refresher training has been undertaken in accordance with the requirements in Table 2 in the Schedule.
Prescribed training provided in Scotland
5. A training course listed in column 1 of Table 1 in the Schedule is prescribed training for the purposes of sections 2A and 3ZA of the 1988 Act if—
(a)it is delivered by Police Scotland;
(b)the instructor or trainer has completed the relevant Scottish Police College training and the Police Scotland Training for Trainers Course;
(c)it includes consideration of and instruction on the National Decision Model;
(d)it meets the relevant requirements in columns 2 and 3 of Table 1.
Required refresher training frequency for training provided in Scotland
6. At the end of the period specified in column 4 of Table 1 in the Schedule, a training course listed in column 1 of Table 1 is prescribed training for the purposes of sections 2A and 3ZA of the 1988 Act if refresher training has been undertaken in accordance with the requirements in Table 2 in the Schedule.
Prescribed training completed prior to the commencement of these Regulations
7.—(1) Training completed by designated persons prior to the commencement of these Regulations is prescribed training for the purposes of sections 2A and 3ZA of the 1988 Act if—
(a)it was approved by a chief officer, and
(b)that chief officer is satisfied that it is equivalent to a type of training specified in Table 1.
(2) At the end of the relevant period, training described in paragraph (1) is prescribed training for the purposes of sections 2A and 3ZA of the 1988 Act if refresher training for the type of training that it is equivalent to has been undertaken in accordance with the requirements in Table 2 in the Schedule.
(3) The relevant period in paragraph (2) is the period specified in column 4 of Table 1 for the type of training that it is equivalent to, beginning with the date that these Regulations come into force.
Chris Philp
Minister of State
Home Office
27th October 2022
Regulations 3, 4, 5, 6 and 7
SCHEDULE
Table 1
| Course type | Required length of course | Required minimum number of trainers to maximum number of students ratio | Period training is valid for before refresher training is required |
|---|---|---|---|
| Standard response driving | Three weeks | One to three | Five years |
| Advanced driving | Four weeks | One to three | Five years |
| Initial phase pursuit (IPP) | Three days | Three to six | Five years |
| Tactical phase pursuit (TPaC) | Five days | Five to six | Three years |
| Riding with a pillion passenger | Two days | One to two | Two years |
| Response motorcycling undertaken from 1st April 2022 to 31st March 2023 (inclusive) | Three weeks | One to two | Three years |
| Response motorcycling undertaken from 1st April 2023 | Three weeks | One to two | Two years |
| Advanced motorcycling undertaken from 1st April 2022 to 31st March 2023 (inclusive) | Two weeks | One to two | Three years |
| Advanced motorcycling undertaken from 1st April 2023 | Two weeks | One to two | Two years |
| Evasive and offensive driving | Two days | Three to six | Two years |
| Protected convoy driving | Three days | Three to six | Two years |
| VIP protection motorcycle escorts | Five days | Two to four | Two years |
| Escorting vehicles (abnormal loads etc) | Three days | One to three | Unlimited validity |
| Off-road motorcycling | Five days | One to two | Unlimited validity |
| Off-road driving | Two days | One to three | Unlimited validity |
| Category B vans & passenger vehicles | Four hours | One to two | Unlimited validity |
| VIP protection driving | Three days | One to three | Two years |
| Pre-surveillance motorcycle riding | Five days | One to one | Two years |
Table 2
| Course type | Required refresher training frequency | Required refresher training length | Required refresher training minimum number of trainers to maximum number of students ratio |
|---|---|---|---|
| Standard response driving | Every five years | One day | One to two |
| Advanced driving | Every five years | One day | One to two |
| Initial phase pursuit (IPP) | Every five years | One day | Three to six |
| Tactical phase pursuit (TPaC) | Every three years | Two days | Five to six |
| Riding with a pillion passenger | Every two years | Half a day | One to two |
| Response motorcycling undertaken from 1st April 2022 to 31st March 2023 (inclusive) | Every three years | Two days | One to two |
| Response motorcycling undertaken from 1st April 2023 | Every two years | Two days | One to two |
| Advanced motorcycling undertaken from 1st April 2022 to 31st March 2023 (inclusive) | Every three years | Two days | One to two |
| Advanced motorcycling undertaken from 1st April 2023 | Every two years | Two days | One to two |
| Evasive and offensive driving | Every two years | One day | Three to six |
| Protected convoy driving | Every two years | One day | Three to six |
| VIP protection motorcycle escorts | Every two years | Two days | Two to four |
| VIP protection driving | Every two years | One day | One to three |
| Pre-surveillance motorcycle riding | Every two years | Two days | One to one |
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations prescribe training for the purposes of sections 2A and 3ZA of the Road Traffic Act 1998 (c. 52).
The Police, Crime, Sentencing and Courts Act 2022 (c. 32) amended sections 2A and 3ZA of the Road Traffic Act 1988 to make provision as to the meaning of dangerous driving and careless driving in respect of police driving. Those standards for police driving refer to the driver having undertaken “prescribed training”. Regulation 3 sets out when a training course provided in England and Wales only will be prescribed training. Regulation 4 makes provision for refresher training to be undertaken for a training course provided in England and Wales following the end of the validity period for that course. Regulation 5 sets out when a training course provided in Scotland only will be prescribed training. Regulation 6 makes provision for refresher training to be undertaken for a training course provided in Scotland following the end of the validity period for that course. Regulation 7 makes provision for training completed prior to the commencement of these Regulations to be prescribed training.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector or community bodies is foreseen.
1988 c. 52. The definition of “prescribed” in section 192(1) was amended by paragraphs 1 and 7 of Schedule 22 to the Crime and Courts Act 2013 (c. 22). There are other amendments to section 192(1) that are not relevant to this instrument. Section 195(7) was inserted by section 7 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32).
Section 2A was inserted by section 1 of the Road Traffic Act 1991 (c. 40) and amended by section 143 (1) and (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 9) and section 5 of the Police, Crime, Sentencing and Courts Act 2022. Section 3ZA was inserted by the Road Safety Act 2006 (c. 49) and amended by section 6 of the Police, Crime, Sentencing and Courts Act 2022.