PART 7Enforcement
Power of police to conduct road checksI135
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.