The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020

Power of police to conduct road checks E+W

35.—(1) For the purposes of this regulation, a “ road check” means the exercise in a locality of the power conferred by section 163 of the Road Traffic Act 1988 M1 in such a way as to stop, during the period for which the exercise of that power in that locality continues, all vehicles or vehicles selected by any criterion.

(2) A constable may conduct a road check for the purpose of ascertaining whether a vehicle is carrying a person who the constable reasonably believes—

(a) has committed, or

(b) intends to commit,

an offence under these Regulations.

(3) A road check must be authorised by a constable of the rank of superintendent or above.

(4) But a road check may be authorised by a constable below that rank if the constable considers it necessary as a matter of urgency.

(5) A constable may authorise a road check if the constable has reasonable grounds to believe that a person referred to in paragraph (2) is, or is about to be, in the locality in which vehicles would be stopped.

(6) An authorisation must be in writing and must specify—

(a) the locality in which vehicles are to be stopped;

(b) the period, not exceeding 7 days, during which the road check may take place;

(c) whether the road check is to be conducted—

(i) continuously throughout the period, or

(ii) at particular times during the period (in which case the authorisation must specify those times);

(d) the name of the constable giving the authorisation.

(7) Where a road check is authorised under paragraph (4)—

(a) the period specified in paragraph (6)(b) may not exceed 2 days;

(b) the constable giving the authorisation must, as soon as is reasonably practicable after giving it, inform a constable of the rank of superintendent or above that it has been given.

(8) A constable of the rank of superintendent or above may give authorisation in writing for a road check to continue for a further period, not exceeding 7 days, beyond the period for which the road check was initially authorised.

(9) Where a vehicle is stopped in a road check, the person in charge of the vehicle at the time when it is stopped is entitled to obtain a written statement of the purpose of the road check by applying in writing—

(a) to the police force responsible for the locality where the road check is conducted, and

(b) no later than the end of the period of 12 months from the day on which the vehicle was stopped.

Commencement Information

I1 Reg. 35 in force at 20.12.2020, see reg. 1(3)

Marginal Citations

M1 1988 c. 52, as amended by the Road Traffic Act 1991 (c. 40) and the Traffic Management Act 2004 (c. 18).