Road Traffic Act 1988, section 165

Power of constables to obtain names and addresses of drivers and others, and to require production of evidence of insurance ... and test certificates

Part VII Miscellaneous and General

(1)Any of the following persons—

(a)a person driving a motor vehicle (other than an invalid carriage) on a road, or

(b)a person whom a constable [F1165or vehicle examinerF1165] has reasonable cause to believe to have been the driver of a motor vehicle (other than an invalid carriage) at a time when an accident occurred owing to its presence on a road[F1166 or other public placeF1166] , or

(c)a person whom a constable [F1165or vehicle examinerF1165] has reasonable cause to believe to have committed an offence in relation to the use on a road of a motor vehicle (other than an invalid carriage),

must, on being so required by a constable [F1165or vehicle examinerF1165] , give his name and address and the name and address of the owner of the vehicle and produce the following documents for examination.

(2)Those documents are—

(a)F1167the relevant certificate of insurance ... (within the meaning of Part VI of this Act), or such other evidence that the vehicle is not or was not being driven in contravention of section 143 of this Act as may be prescribed by regulations made by the Secretary of State,

(b)in relation to a vehicle to which section 47 of this Act applies, a test certificate issued in respect of the vehicle as mentioned in subsection (1) of that section, and

(c)in relation to a goods vehicle the use of which on a road without a plating certificate or goods vehicle test certificate is an offence under section 53(1) or (2) of this Act, any such certificate issued in respect of that vehicle or any trailer drawn by it.

[F1168 (2A)Subsections (2B) and (2C) below apply where a certificate of insurance is treated as having been delivered to a person under section 147(1) of this Act by virtue of section 147(1A) of this Act.

(2B)In the case of a certificate transmitted to a person as described in section 147(1A)(a) of this Act, the person is to be treated for the purposes of this section as producing the relevant certificate of insurance if—

(a)using electronic equipment provided by him or made available to him by the constable or examiner, he provides the constable or examiner with electronic access to a copy of the certificate, or

(b)he produces a legible printed copy of the certificate.

(2C)In the case of a certificate made available to a person as described in section 147(1A)(b) of this Act, the person is to be treated for the purposes of this section as producing the relevant certificate of insurance if—

(a)using electronic equipment provided by him or made available to him by the constable or examiner, he provides the constable or examiner with electronic access on the website in question to a copy of the certificate, or

(b)he produces a legible printed copy of the certificate.

(2D)Nothing in subsection (2B) or (2C) above requires a constable or examiner to provide a person with electronic equipment for the purpose of compliance with a requirement imposed on the person by this section.F1168]

(3)Subject to subsection (4) below, a person who fails to comply with a requirement under subsection (1) above is guilty of an offence.

(4)F1170A person shall not be convicted of an offence under [F1169subsection (3)F1169] above by reason only of failure to produce any certificate or other evidence . . . if in proceedings against him for the offence he shows that—

(a)within seven days after the date on which the production of the certificate or other evidence was required it was produced at a police station that was specified by him at the time when its production was required, or

(b)it was produced there as soon as was reasonably practicable, or

(c)it was not reasonably practicable for it to be produced there before the day on which the proceedings were commenced,

and for the purposes of this subsection the laying of the information or, in Scotland, the service of the complaint on the accused shall be treated as the commencement of the proceedings.

(5)A person—

(a)who supervises the holder of a provisional licence granted under Part III of this Act while the holder is driving on a road a motor vehicle (other than an invalid carriage), or

(b)whom a constable [F1165or vehicle examinerF1165] has reasonable cause to believe was supervising the holder of such a licence while driving, at a time when an accident occurred owing to the presence of the vehicle on a road or at a time when an offence is suspected of having been committed by the holder of the provisional licence in relation to the use of the vehicle on a road,

must, on being so required by a constable [F1165or vehicle examinerF1165] , give his name and address and the name and address of the owner of the vehicle.

(6)A person who fails to comply with a requirement under subsection (5) above is guilty of an offence.

(7) In this section “owner”, in relation to a vehicle which is the subject of a hiring agreement, includes each party to the agreement [F1171 and “vehicle examiner” means an examiner appointed under section 66A of this Act . F1171]

Definitions used in section 165 13

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
motor vehicle

“motor vehicle” means, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision about invalid carriages, within the meaning of that Act), a mechanically propelled vehicle intended or adapted for use on roads, and

Defined in s.185(1) · see it in the full Act
invalid carriage

“invalid carriage” means a mechanically propelled vehicle the weight of which unladen does not exceed 254 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability and is used solely by such a person,

Defined in s.185(1) · see it in the full Act
road

“road”

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

“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
owner

may recover from the vehicle's owner (whether or not a claim is made under provision made under sub-paragraph (4) or (5) above) such charges as may be prescribed in respect of all or any of the following, namely its release, removal, custody and disposal; and “owner” means the person who was the owner when the vehicle was removed.

Defined in Sch.2A para.3(6) · see it in the full Act

“owner”, in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, means the person in possession of the vehicle under that agreement,

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

“prescribed” (except in section 5A) means prescribed by regulations made by the Secretary of State,

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

(a) “test” includes “inspect” or “inspection”, as the case may require, and

Defined in s.67(10) · see it in the full Act
goods vehicle

“goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted,

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

(a) for the determination, according to criteria or by methods prescribed by or determined under the regulations, of the plated particulars for a goods vehicle (including its plated weights), on an examination of the vehicle for the purpose, and for the issue on such an examination, except as provided by regulations made by virtue of paragraph (c) of this subsection, of a certificate (in this Act referred to as a “plating certificate") specifying those particulars,

Defined in s.49(2) · see it in the full Act
goods vehicle test certificate

(b) for the issue, for a goods vehicle which has been found on examination for the purpose to comply with the prescribed construction and use requirements and the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person , of a certificate (in this Act referred to as a “goods vehicle test certificate") stating that the vehicle has been found so to comply, and

Defined in s.49(2) · see it in the full Act
trailer

“trailer” means a vehicle drawn by a motor vehicle.

Defined in s.185(1) · see it in the full Act
the accused

3 (1) Where proceedings are brought in England and Wales against a person (referred to below in this paragraph as “the accused”) in respect of a contravention of section 15A, 17 or 18(4) of this Act and it is proved—

(a) that the contravention was due to the act or default of some other person, being an act or default which took place in Scotland, and

(b) that the accused used all due diligence to secure compliance with that section,

Defined in Sch.1 para.3(1) · see it in the full Act

(2) Where a person (referred to in this sub-paragraph as “the accused") who is charged in Scotland with a contravention of section 15A, 17 or 18(4) of this Act proves to the satisfaction of the court—

(a) that he used all due diligence to secure that the provision in question was complied with, and

(b) that the contravention was due to the act or default of some other person,

Defined in Sch.1 para.4(2) · see it in the full Act

Cases considering section 165 10

Gray v The Commissioner of Police of the Metropolis

[2016] EWCA Civ 1360 · 1 December 2016Interprets

The court interpreted section 165 as placing the production obligation on the driver and identifying the certificate as the required evidence. Its interaction with section 165A made production a precondition to seizure. (see paras [17], [22], [24], [27]) A requirement by a uniformed constable under section 165(1) was the first cumulative condition for seizure under section 165A(3). (see para [22]) Section 165(2) was read as requiring production of the relevant certificate or prescribed alternative evidence. No prescribed alternative was relevant on these facts. (see paras [17], [24]) The reference to the relevant certificate informed the evidence incorporated by section 165A(9)(b). The court required actual production or access to that certificate. (see paras [17], [27]) The judgment referred to section 165(2)(c) as stipulating the relevant certificate to be produced, and treated the certificate requirement as exhaustive for this case. (see para [24]) Electronic production required electronic access to a copy of the certificate or a legible printed copy. Verbal information enabling police checks was not an alternative form of production. (see paras [17], [24], [26]-[28]) Electronic production required the person to provide the constable with electronic access to a copy of the certificate. The police were not required to obtain access themselves. (see paras [17], [24], [27]) A legible printed copy was an alternative means of producing an electronically transmitted certificate. The appellant produced no such copy. (see paras [17], [22], [24]) The provision confirmed that the police had no legal obligation to provide equipment enabling electronic production. This reinforced that the statutory burden rested on the driver. (see para [24])

Faniyan v The Commissioner of Police for the Metropolis

[2012] EWCA Civ 411 · 3 April 2012Limits

The court interpreted section 165 as imposing distinct obligations concerning the production of specified documents and the provision of the driver’s name and address. That distinction defeated the proposed challenge to the lawfulness of the arrest. (see paras [18]–[20]) The court treated section 165(1) as containing separate obligations: producing specified documents and complying with a constable’s request for the driver’s name and address. Failure to provide the requested name and address could constitute an offence and support a lawful arrest. (see paras [18]–[20]) The court identified section 165(2) as describing the documents subject to the production obligation referred to in section 165(1). That document-production framework was distinct from the obligation to provide the driver’s name and address. (see paras [18]–[20]) The court held that section 165(3) made failure to give the driver’s name and address to a constable an offence. The proposed argument that the arrest was unlawful on that basis therefore had no real prospect of success. (see paras [19]–[20]) The court confined section 165(4) to the section 165(1) obligation to produce documents of the kind described in section 165(2). It did not qualify the separate obligation under section 165(1) to comply with a request for the driver’s name and address. (see para [19])

Pryor v Greater Manchester Police

[2011] EWCA Civ 749 · 30 June 2011Limits

The court construes the production power as requiring production of evidence relevant to whether the vehicle was being driven contrary to section 143. (see paras [12], [15]-[16]) The court applies the requirement that a driver produce the relevant certificate of insurance when required by a constable. (see paras [12], [15]) The court holds that the relevant certificate is the certificate covering the driver’s use of the vehicle in question. It need not identify the vehicle specifically. (see paras [12], [15]-[16], [20], [26]) Because Burton produced the relevant certificate, he had not failed to comply with the production requirement and was not guilty of an offence under subsection (3). (see paras [15], [24]-[25]) The court uses subsection (4) to reject a vehicle-specific construction that could leave an insured driver without a defence merely because the correct certificate was not produced at the roadside. (see paras [24]-[25])

What each judgment says about section 165 is in the case-law panel in the full Act.

Amendments and notes

14 notes from legislation.gov.uk

Amendments

  1. F1164Words in s. 165 heading omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 23(2) (with reg. 5)
  2. F1165Words in s. 165(1) and (5) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 69(2)(3); S.I. 1992/1286, art. 2, Sch.
  3. F1166Words in s. 165(1)(b) inserted (3.4.2000) by S.I. 2000/726, art. 2(5)
  4. F1167Words in s. 165(2)(a) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 23(3) (with reg. 5)
  5. F1168S. 165(2A)-(2D) inserted (30.4.2010) by The Motor Vehicles (Electronic Communication of Certificates of Insurance) Order 2010 (S.I. 2010/1117), art. 6
  6. F1170Words in s. 165(4) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch.
  7. F1169Words substituted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 19
  8. F1171Words in s. 165(7) added (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 69(4); S.I. 1992/1286, art. 2, Sch.

Modifications

  1. C197S. 165 modified by Energy Act 1976 (c. 76, SIF 44:3), s. 4(2), Sch. 1 para. 4(2) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 17(c))
  2. C198S. 165: power to extend conferred by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 96(2)(c)(iv)(3) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(6)(d)(7)(a))
  3. C199S. 165 applied (23.6.1999) by S.I. 1999/1736, art. 8(6)
  4. C200S. 165 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)
  5. C201S. 165(1) extended (S.) (21.3.1999) by S.I. 1999/854, art. 3(3)
  6. C202S. 165(1) extended by Police Reform Act 2002 (c. 30), Sch. 4 para. 3A(1)(a)(2) (as inserted (E.W.) (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122(7), 178, Sch. 8 para. 6; S.I. 2005/1521, art. 3(1) (subject to art. 3(4)(5)))