Traffic Guides

• S.1 - Causing death by dangerous driving.

• S.1A - Causing serious injury by dangerous driving.

• S.2 - Dangerous driving.

• S.3 - Careless, and inconsiderate, driving.

• S.4 - Drive, or being in charge, when under the influence of drink or drugs.

• S.5 - Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit.

• S.5A - Driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit.

• S.12 - Motor racing on public ways.

• S.16 - Wearing of protective headgear (helmet on motorcycle etc).

• S.22 - Leaving vehicles in dangerous positions.

• S.22A - Causing danger to road-users (intentionally place items on the road etc).

• S.26 - Holding or getting on to vehicle in order to be towed or carried.

• S.28 - Dangerous cycling.

• S.34 - Prohibition of driving mechanically propelled vehicles elsewhere than on roads.

• S.35 - Drivers to comply with traffic directions (from officers).

• S.36 - Drivers to comply with traffic signs (red lights/signs etc).

• S.41D - Use of mobile phone while driving.

• S.87 - Drivers of motor vehicles to have driving licences.

• S.89 - Speeding offences generally. 

• S103 - Offence to drive whilst disqualified.

• S163(3) - Power of police to stop vehicles (fail to stop).

• S.164 - Power to require production of driving licence.

• S.165 - Power to obtain names and addresses of drivers and others, and produce insurance.

• S.168 - Failure to give, or giving false name and addresses in case of reckless or careless or inconsiderate driving or cycling.

• S.170 - Duty of driver to stop, report accident and give information or documents.

• S.172 - Duty to give information as to identity of driver etc.

S.165A Road Traffic Act

• Power to seize a vehicle driven without a licence or insurance.

• Power to seize a vehicle that's failed to stop and you have reasonable grounds to believe it was driven by someone with no licence or insurance.

• If you are unable to seize the vehicle immediately (such as due to a fail to stop) you may seize it at any time within the period of 24 hours.

S.19  Police and Criminal Evidence Act
Gives you powers to seize anything you have reasonable grounds for believing...

• • It has been obtained in consequence of the commision of an offence...

  • It is evidence in relation to an offence which you are investigating or any other offence...

... and is necessary to seize in order to prevent it being concealed/lost/damaged/altered/destroyed.

S.59 Police Reform Act

• You can issue a warning in writing to someone for driving in a way which is causing alarm, distress or annoyance.

• This warning applies to any and all vehicle that person may own & use.

• A further warning within the allotted time (for RPUK we suggest a month) gives you powers to seize that vehicle.

• You should use PNC notes to record for awareness of others officers. Example: ** S.59 WNG | AB12 CDE | Insp. Gary Grinch | Expires 18/07/22 ** 

• Template can be found on the Roads Policing Database.

See LS Courts Vehicle Policy for further guidance.

Road Vehicles (Construction and Use) Regulations 1986

• Reg. 32 - Window tinting requirements. Below percentage has been tweaked for RPUK.

  • Windows: 55% light (called lightsmoke or green in LS Customs).

Police Reform Act 2002

• S.59 - Vehicles used in manner causing alarm, distress or annoyance.

Road Traffic Regulation Act 1984

• S.87 - Exemption of emergency vehicles from speed limits.

• S.99 - Power to remove vehicles illegally, obstructively or dangerously parked, or abandoned or broken down.

The Traffic Signs Regulations and General Directions 2002

• S.5(36b) - Exemption of emergency vehicles from light signals to prevent hindering progress.

Exceeding the posted speed limit when safe to do so

• s.87(1)(2) Road Traffic Regulation Act 1984

Motorway Regulations such as hard shoulder passing

• Motorway Traffic (England and Wales) Regulations 1982

Treating ATS and Zebra Crossings as a Give Way

• Regulation 36(1)(b) The Traffic Signs Regulations & General Directions 

• Regulations 33, 34, 35, 36(1)(a), 38 (a/b) Traffic Signs Regulations & General Directions 2002 Motorway.

• Regulations 47, 48, 49 Traffic Signs Regulations & General Directions 2002.

Using audible warnings (sirens, bullhorn) at night time

• Regulation 99 Road Vehicles (Construction and Use) Regulations 198

Passing on the incorrect side of keep left / right signs

• Regulation 15(2) The Traffic Signs Regulations & General Directions 2002

Driving into pedestrian only areas

• Traffic Signs Regulations & General Directions 2002

Stopping on a clearway.

• s.5 Road Traffic Regulation Act 1984

Parking on double yellow, white or red lines (or other no park zones).

• Regulation 26(5)(b) Traffic Signs Regulations & General Directions 2002

Leaving the vehicle's engine running whilst parked.

• Regulation 107 Road Vehicles (Construction and Use) Regulations 1986

Parking on a central reservation, verge or footpath.

• s.5 Road Traffic Regulation Act 1984 & s16(d) Motorways Traffic England and Wales Regulations 1981
  
  

This is not an exhaustive list. The above exemptions to law help Police Officers to respond to time critical emergencies but do not excuse any forms of careless or dangerous driving / parking. Due care should be given to other road users and assume they have NOT noticed you, so proceed with caution. 

• Duty for registered keeper to provide information as to the identity of a driver, when guilty of an offence under the Road Traffic Act.

• The obligation is mandatory.

• Contravention constitutes a summary offence. You can issue points or a fine to the registered keeper.

Reasonable defence can be...

• Keeper shows they did not know who the driver was AND has shown reasonable diligence to ascertain who the driver was.

• Keeper (and any other person) must have given any information which is in his power to give and may lead to the identification of the driver.

Example Scenario

1. Dave is the registered keeper of a vehicle.

2. Bob is driving the vehicle.

3. Bob fails to stop for police. Vehicle is lost after a short pursuit. He is not identified.

4. VRM is known. Warrant issued for Dave.

5. Vehicle is located 3 hours later parked unattended. Seized using S.165A powers.

6. Dave is located and arrested.

7. During interview Dave denies being the driver. States vehicle was in a shared garage. Dave is obliged to help identify the driver.

8. Dave released under investigation to identify the driver by 7 days time. He is still liable for vehicle recovery fees.

9. Dave fails to contact police with the drivers identity, or evidence their attempts to police.

10. Warrant issued for Dave for further questioning. To be charged under S.172 RTA with points and/or a fine.

11. Dave arrested and questioned. Eventually admits Bob to being the driver, evidencing this through text messages.

12. Dave issued 3 points and £10,000 fine.

13. Bob  located and arrested. Charged for the original fail to stop offence.

• A person drives in a way which was causing, or is likely to cause alarm, stress or annoyance to members of the public (S3 Road Traffic Act) OR

• A person drove elsewhere than on a road (S34 Road Traffic Act).

• This can include (but is not limited to): 

  • • Constantly revving their engine

    • Wheeling their motorcycle

    • Doing donuts

    • Wheel-spinning

• Once issued, a police constable in uniform has the power to seize the vehicle under S.59 of the Police Reform Act 2002 if they are seen to be contravening any one of the above sections. 

• The warning expires after one month of issue.

• This warning is applicable to BOTH the person in question, and the vehicle in question, meaning: 

  • • If the driver is found committing the offence again in a different vehicle, that vehicle may be seized. If the same vehicle is found committing it again with a different driver then it can still get seized.

How to issue the S.59 Notice

• Establish the person's name AND VRM of the vehicle used in the offence.

• Create a report related to the incident, outlining the circumstances.

• Fill out a S.59 Notice form.

• Airdrop or send the completed form via SMS.

• Add the following note to both Person PNC and Vehicle PNC profiles:

  • • ⚠️ S.59 Warning Issued | RANK SURNAME | REPORTNUMBER | Exp. XXXX.2025 ⚠️ 

• Remember to add the link of the S.59 Notice form, and BWV, onto the incident report.

Example Scenario

1. Dave is the registered keeper of a vehicle.

2. Bob is driving the vehicle.

3. Bob wheelies in front of police. Bob is pulled over and is informed that he will be issued a S.59 Warning.

4. Constable follows the relevant steps to issue a S.59 Notice.

5. Bob is Airdropped the completed S.59 document.

6. Constable fills out an incident report outlining the circumstances of the S.59 Warning.

7. Constable adds the note of the S.59 issued onto both Bob's PNC and the vehicle PNC profiles.

8. The following week Dave is seen wheeling in front of police. Dave is pulled over and informed that his vehicle will be seized under S.59 of the Police Reform Act 2002.

9. Constable explains the circumstances as to why the vehicle will be seized, informing him of the warning issued to Bob and the vehicle the previous week.

10. Constable seizes the vehicle.

Less or equal to £100,000 in overdue fines

• Initially consider a verbal warning. Explain how they can be paid. Add a note to their PNC.

• Otherwise, seize their vehicle with retrieval fee equal to the value of unpaid fines.

More than £100,000 in overdue fines

• • Vehicles of less or equal value to the value of unpaid fines to be seized for 72hrs.

  • Scrap request to be submitted to LS Courts.

In either case

• Payment plan can be agreed upon and noted on their PNC. You must state an end date when fines should be paid by.

• Final option is arrest and imprison for 1 month per overdue ticket. 720 month limit does not apply.

See LS Courts Vehicle Policy for full guidance.

• Do not accept text reports to report vehicles as stolen.

• Persons MUST attend a station and provide ID proving themselves as owner of the car. They must provide reasonable information to suggest it's stolen.

• This prevents abuse of stolen reports to use as a defence to the Judiciary, particularly OCG's involved in firearms offences.

• When SOCA'ing a vehicle for scrap request, evidence the vehicle PNC page on the report as it having not been reported stolen.

Anything over the following limits will be committing an offence:

• Breath specimen: 35ugs

• Blood specimen: 80mg

• Urine specimen: 107mg

You can request any of these samples. If someone is unconscious, you can request bloods from doctors for testing the alcohol content.

POWER TO REQUEST BREATH  TEST/DRUG SWIPE:
Under S.6 RTA officers can require a person to co-operate with any one or more preliminary test (i.e. breath box or drug swipe), should the officer (in uniform) reasonably suspect the person...

• … is driving with drink or drugs in his body,

• … has been driving with drink or drugs in his body,

• … has been driving and committed a traffic offence while the vehicle was in motion,

• ... was driving/attempted to drive/in charge of a vehicle at the time of an accident.

A person commits an offence if, without reasonable excuse, refuses to provide a preliminary test.

Example 1: Blows over 35ugs at roadside

1. Arrest for S.5 RTA and convey to custody.

2. Using an intoxilyser, obtain 2 more breath samples. The lower number of the two will be used to charge.

Example 2: Blows under 35ugs but appears impaired

1. Charge under S.4 RTA if you can evidence the points to prove.

Example 3: Fails to provide a specimen of breath, blood or urine

1. Charge under S.7 RTA for failing to provide a specimen.

The legal limit for drug content in blood specimens per litre of blood are:

Cocaine 10u/L Cannabis 2ug/L Ketamine 20ug/L LSD 1ug/L

MDMA 10ug/L Heroin 5ug/L Meth 10ug/L

Anything over can be charged with S.5A RTA. If below but deemed unfit you can charge under S.4 RTA if you can evidence to points to prove.

POWER TO REQUEST BREATH  TEST/DRUG SWIPE:
Under S.6 RTA officers can require a person to co-operate with any one or more preliminary test (i.e. breath box or drugwipe), should the officer (in uniform) reasonably suspect the person...

• … is driving with drink or drugs in his body,

• … has been driving with drink or drugs in his body,

• … has been driving and committed a traffic offence while the vehicle was in motion,

• ... was driving/attempted to drive/in charge of a vehicle at the time of an accident.

A person commits an offence if, without reasonable excuse, refuses to provide a preliminary test.