Road Traffic Act 1988, section 163

Power of police to stop vehicles

Part VII Miscellaneous and General

(1)A person driving a [F1118mechanically propelled vehicleF1118] on a road must stop the vehicle on being required to do so by a constable in uniform [F1119or a traffic officerF1119] .

(2)A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform [F1120or a traffic officerF1120] .

(3)If a person fails to comply with this section he is guilty of an offence.

(4)F1121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 163 4

drive

“driver”, where a separate person acts as a steersman of a motor vehicle, includes (except for the purposes of section 1 of this Act ) that person as well as any other person engaged in the driving of the vehicle, and “drive” is to be interpreted accordingly,

Defined in s.192(1) · see it in the full Act
mechanically propelled vehicle

(aa) in subsection (1) “mechanically propelled vehicle” does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act ,

Defined in s.21(3) · see it in the full Act
road

“road”

Defined in s.192(1) · see it in the full Act
cycle

“cycle” means a bicycle, a tricycle, or a cycle having four or more wheels, not being in any case a motor vehicle,

Defined in s.192(1) · see it in the full Act

Cases considering section 163 5

Goodenough & Anor v Thames Valley Police

[2020] EWHC 695 (QB) · 26 March 2020

Applies the power to require a driver to stop and the related power of arrest where there is reasonable cause to suspect non-compliance. The provision formed part of the legal basis for treating the arrest as lawful. (see paras [37]-[40])

Rutherford, R (on the application of) v Independent Police Complaints Commission

[2010] EWHC 2881 (Admin) · 22 October 2010Interprets

The court interpreted section 163 as giving uniformed police officers power to require a vehicle to stop, but not these plain-clothes officers. The provision therefore did not supply a lawful compulsory stop in this case. (see paras [14]; [16])

Beckett, R (on the application of) v Aylesbury Crown Court

[2004] EWHC 100 (Admin) · 22 January 2004Interprets

Interprets the provision as conferring on a constable in uniform a power to stop a motorist without prior grounds for suspicion, subject to good faith and the limits against capricious or improper conduct. (see paras [6], [13], [18])

1 more judgment, and what each says about section 163, are in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F1118Words in s. 163(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 67; S.I. 1992/1286, art. 2, Sch.
  2. F1119Words in s. 163(1) inserted (E.W.) (4.10.2004 for E. and 1.5.2009 for W.) by Traffic Management Act 2004 (c. 18), ss. 6(4), 99 (with s. 38); S.I. 2004/2380, art. 2(a); S.I. 2009/1095, art. 2(a)
  3. F1120Words in s. 163(2) inserted (E.W.) (4.10.2004 for E. and 1.5.2009 for W.) by Traffic Management Act 2004 (c. 18), ss. 6(4), 99 (with s. 38); S.I. 2004/2380, art. 2(a); S.I. 2009/1095, art. 2(a)
  4. F1121S. 163(4) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 49(1)(3); S.I. 2002/2306, art. 2(d)(iv) and subsequently repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 174(2), 178, Sch. 7 para. 27(3), Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(m)(u) (subject to art. 2(2))

Modifications

  1. C188S. 163: power to extend conferred by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 96(2)(c)(ii)(3) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(6)(b)(7)(a))