This Statutory Instrument has been made in consequence of a defect in S.I. 2022/1112 and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
2023 No. 185
Police
Roads
The Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2023
Made
21st February 2023
Laid before Parliament
23rd February 2023
Coming into force
20th March 2023
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 2A(1A)(b), 3ZA(2A)(b), 192(1) and 195(7) of the Road Traffic Act 1988(1).
In accordance with section 195(2) of the Road Traffic Act 1988, the Secretary of State has consulted with representative organisations.
Citation, commencement, extent and revocationI1
1.—(1) These Regulations may be cited as the Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2023 and come into force on 20th March 2023.
(2) These Regulations extend to Great Britain.
(3) The Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2022(2) are revoked.
InterpretationI2
2. In these Regulations—
“ the 1988 Act ” means the Road Traffic Act 1988 ;
“ chief officer ” means—
in relation to a police force maintained under section 2 of the Police Act 1996(3), the chief constable;
in relation to Police Scotland, the chief constable;
in relation to the metropolitan police force, the Commissioner of Police of the Metropolis;
in relation to the City of London police force, the Commissioner of Police for the City of London;
in relation to the British Transport Police Force, Ministry of Defence Police and Civil Nuclear Constabulary, the chief constable, and
in relation to the National Crime Agency, the Director General.
Prescribed training provided [F1by a provider licensed by the College of PolicingF1] I3
3. A training course listed in column 1 of Table 1 in the Schedule is prescribed training for the purposes of sections 2A and 3ZA of the 1988 Act if—
(a)it is delivered by a provider licensed by the College of Policing;
(b)the instructor or trainer has met, respectively, the [F2College of Policing Standard for Instructors or the College of Policing Standard for TrainersF2] ;
(c)it includes consideration of and instruction on—
(i)the National Decision Model, and
(ii)the College of Policing’s Authorised Professional Practice for Roads Policing: Police Drivers and, where relevant, Police Pursuits;
(d)it meets the relevant requirements in columns 2 and 3 of Table 1.
Required refresher training frequency for training provided [F3by a provider licensed by the College of PolicingF3] I4
4. At the end of the period specified in column 4 of Table 1 in the Schedule, a training course listed in column 1 of Table 1 is prescribed training for the purposes of sections 2A and 3ZA of the 1988 Act if refresher training has been undertaken in accordance with the requirements in Table 2 in the Schedule.
Prescribed training provided [F4by PoliceF4] ScotlandI5
5. A training course listed in column 1 of Table 1 in the Schedule is prescribed training for the purposes of sections 2A and 3ZA of the 1988 Act if—
(a)it is delivered by Police Scotland;
(b)the instructor or trainer has completed the relevant Scottish Police College training and the Police Scotland Training for Trainers Course;
(c)it includes consideration of and instruction on the National Decision Model;
(d)it meets the relevant requirements in columns 2 and 3 of Table 1.
Required refresher training frequency for training provided [F5by PoliceF5] ScotlandI6
6. At the end of the period specified in column 4 of Table 1 in the Schedule, a training course listed in column 1 of Table 1 is prescribed training for the purposes of sections 2A and 3ZA of the 1988 Act if refresher training has been undertaken in accordance with the requirements in Table 2 in the Schedule.
Prescribed training completed prior to 30th November 2022I7
7.—(1) Training completed by designated persons prior to 30th November 2022 is prescribed training for the purposes of sections 2A and 3ZA of the 1988 Act if—
(a)it was approved by a chief officer, and
(b)that chief officer is satisfied that it is equivalent to a type of training specified in Table 1.
(2) At the end of the relevant period, training described in paragraph (1) is prescribed training for the purposes of sections 2A and 3ZA of the 1988 Act if refresher training for the type of training that it is equivalent to has been undertaken in accordance with the requirements in Table 2 in the Schedule.
(3) The relevant period in paragraph (2) is the period specified in column 4 of Table 1 for the type of training that it is equivalent to, beginning with 30th November 2022.
Chris Philp
Minister of State
Home Office
21st February 2023
Regulations 3, 4, 5, 6 and 7
SCHEDULE I8
Table 1
| Course type | Required length of course | Required minimum number of trainers to maximum number of [F6learnersF6] | Period training is valid for before refresher training is required | 
|---|---|---|---|
| [F7 Response drivingF7] | Three weeks | One to three | Five years | 
| Advanced driving | Four weeks | One to three | Five years | 
| Initial phase pursuit (IPP) | Three days | Three to six | Five years | 
| Tactical phase pursuit (TPaC) | [F8 One weekF8] | Five to six | Three years | 
| Riding with a pillion passenger | Two days | One to two | [F9 Three yearsF9] | 
| Response motorcycling undertaken from 1st April 2022 to 31st March 2023 (inclusive) | Three weeks | One to two | Three years | 
| Response motorcycling undertaken from 1st April 2023 | Three weeks | One to two | [F9 Three yearsF9] | 
| Advanced motorcycling undertaken from 1st April 2022 to 31st March 2023 (inclusive) | Two weeks | One to two | Three years | 
| Advanced motorcycling undertaken from 1st April 2023 | Two weeks | One to two | [F9 Three yearsF9] | 
| Evasive and offensive driving | Two days | Three to six | [F9 Three yearsF9] | 
| Protected convoy driving | Three days | Three to six | [F9 Three yearsF9] | 
| VIP protection motorcycle escorts | [F10 One weekF10] | Two to four | [F9 Three yearsF9] | 
| Escorting vehicles (abnormal loads etc) | Three days | [F11 Three to sixF11] | [F12 Five yearsF12] | 
| F13 . . . | F13 . . . | F13 . . . | F13 . . . | 
| F14 . . . | F14 . . . | F14 . . . | F14 . . . | 
| Category B vans & passenger vehicles | [F15 One dayF15] | [F16 One to threeF16] | Unlimited validity | 
| VIP protection driving | Three days | [F17 Three to sixF17] | [F9 Three yearsF9] | 
| F18 . . . | F18 . . . | F18 . . . | F18 . . . | 
Table 2
| Course type | Required refresher training frequency | Required refresher training length | Required refresher training minimum number of trainers to maximum number of [F19learnersF19] | 
|---|---|---|---|
| [F20 Response drivingF20] | Every five years | One day | One to two | 
| Advanced driving | Every five years | One day | One to two | 
| Initial phase pursuit (IPP) | Every five years | One day | Three to six | 
| Tactical phase pursuit (TPaC) | Every three years | Two days | Five to six | 
| Riding with a pillion passenger | Every [F21three yearsF21] | Half a day | One to two | 
| Response motorcycling undertaken from 1st April 2022 to 31st March 2023 (inclusive) | Every three years | Two days | One to two | 
| Response motorcycling undertaken from 1st April 2023 | Every [F21three yearsF21] | Two days | One to two | 
| Advanced motorcycling undertaken from 1st April 2022 to 31st March 2023 (inclusive) | Every three years | Two days | One to two | 
| Advanced motorcycling undertaken from 1st April 2023 | Every [F21three yearsF21] | Two days | One to two | 
| Evasive and offensive driving | Every [F21three yearsF21] | One day | Three to six | 
| Protected convoy driving | Every [F21three yearsF21] | One day | Three to six | 
| VIP protection motorcycle escorts | Every [F21three yearsF21] | Two days | Two to four | 
| [F22 Escorting vehicles (abnormal loads etc) | Every five years | One day | Three to sixF22] | 
| VIP protection driving | Every [F21three yearsF21] | One day | [F23 Three to sixF23] | 
| F24 . . . | F24 . . . | F24 . . . | F24 . . . | 
1988 c. 52. Section 2A was inserted by section 1 of the Road Traffic Act 1991 (c. 40) and amended by section 143(1) and (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 9) and section 5 of the Police, Crime, Sentencing and Courts Act 2022 (c.32) (‘the 2022 Act’). Section 3ZA was inserted by section 30 of the Road Safety Act 2006 (c. 49) and amended by section 6 of the 2022 Act. The definition of “prescribed” in section 192(1) was amended by paragraphs 1 and 7 of Schedule 22 to the Crime and Courts Act 2013 (c. 22). There are other amendments to section 192(1) that are not relevant to this instrument. Section 195(7) was inserted by section 7 of the 2022 Act.