Being Stopped by a Police Officer for RTA

penman sedgwick solicitors watford new parade high street

Mary KyriacouCriminal Solicitor More details

Circumstances of RTA

When a Police Officer has reason to stop the driver of a vehicle, a request would be made by the police officer to produce a driver’s licence. Indeed, the police officer may demand that the drivers licence be produced at the time of being stopped (Section 164 (1) Road Traffic Offenders Act 1988). Further demand may be made for the production of a current motor insurance certificate and MOT test certificate, the latter where the age of the vehicle is applicable.

Section 164(8) of the Act, provides for a further seven days for a driver who was not able to accede to the police officer`s demand for production of documents at the time of stop, to produce the documents at a police station within seven days, at a specified police station (Section 164(6) of the Act). The police station must be specified to the police officer at the time of being so requested to produce the documents. Failure to do so would result in an offence being committed.

Offences

  • If the documents are produced at the time of stop, and the points would make the driver a totter, that is the licence reaching 12 penalty points, the driver would be reported for prosecution.

  • If the driver fails to produce the documents to the specified police station, the driver would be reported for prosecution.

  • If the penalty points will not make the driver a totter, a fixed penalty notice will be issued.

  • On the basis that the fixed penalty notice has been paid, the licence will then be endorsed with the penalty points accordingly, and the licence returned to the driver.

  • If the fixed penalty notice has not been paid, and the driver requests a hearing within what is termed the statutory enforcement period, this would lead to Summary Proceedings before the Magistrates Court.

  • If the fixed penalty notice has not been paid, a registration certificate would then be issued by the police and the amount of the fine registered in default, the licence would be endorsed and returned to the driver. The unpaid amount would then be endorsed as a fine, which would lead to the arrest of the defaulter and produced to the Magistrates Court.

If you need any advice relating to being stopped by a police officer please contact us, and we will respond as soon as possible, or call us on 01923 225212.

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