I was stopped by the police whilst driving… what powers do the police have to stop a vehicle? 

Under section 163(1) of The Road Traffic Act 1988 (The RTA) the police have power to stop any vehicle being driven on a public road, for any reason and at any time.

The police do not have to have a specific reason to stop the vehicle in the first instance. On most occasions, however, the police will have exercised this power to stop for a specific reason, but remember that it remains lawful for a police constable to stop vehicles at random.

Section 163 of The RTA applies to a person driving a motor-vehicle on a road. The driver/motorcyclist must stop on being required to do so by a constable in uniform. Failure to stop when required to do so means you commit an offence.

In relation to motorcars (note slightly different provisions apply in relation to goods vehicles) a police constable in uniform has the power to require the driver of a motor car on a road; or a person whom the constable has reason to believe was driving a vehicle at the time of a road traffic collision/accident or a person whom the constable has reason to believe has committed an offence in relation to the use of a motor vehicle; to give their name and address or the name and address (if different) of the owner of the vehicle.

Section 164 of The RTA further provides that once a driver has been stopped the police may then ask to see the driver’s driving licence, insurance certificate and MOT certificate (if the vehicle requires an MOT)

If the driver does not have these documents to hand then the driver will be issued with an HORT1 document requiring the driver to take these documents to a police station (of the driver’s choice) within 7 days from the date of the stop.

If you do not produce the requested documents within the 7 days then you will be committing an offence. (with the proviso that if you produced these documents as soon as it was reasonably practicable even after the 7 days period or it was not reasonably practical to produce the documents at all, prior to the issue of court proceedings for the offence then you may have a defence to such charge)

If you are being prosecuted for document offences, or would like further information in relation to police powers to stop vehicles, then contact our motoring department on 01606 592159 for friendly specialist legal advice.