Section 164
Section 164 of the Road Traffic Act 1988 provides constable with a power to require the production of a driving licence and in certain cases a date of birth
164(1) Requirement to produce a driving licence
Any of the following persons must, on being required by a constable or vehicle examiner, produce their licence for examination to enable the constable or vehicle examiner to ascertain the name and address of the holder, the date of issue, and the issuing authority:
(a) A person driving a motor vehicle on a road.
(b) A person whom a constable or vehicle examiner has reasonable cause to believe was driving a motor vehicle at the time of an accident on a road.
(c) A person whom a constable or vehicle examiner has reasonable cause to believe has committed an offence in relation to the use of a motor vehicle on a road.
(d) A person: (i) Supervising the holder of a provisional licence while they are driving a motor vehicle on a road. (ii) Whom a constable or vehicle examiner has reasonable cause to believe was supervising a provisional licence holder at the time of an accident or when an offence was suspected to have been committed.
164(2) Requirement to state date of birth
A person required to produce their licence under subsection (1) must, in prescribed circumstances, also state their date of birth when required by a constable.
164(3) Power to seize a revoked or undelivered licence
A constable or vehicle examiner may require a person to produce their licence and, upon production, may seize it and deliver it to the Secretary of State if:
(a) The person has been required to deliver their licence under section 63 of the Crime (International Co-operation) Act 2003.
(b) The Secretary of State has revoked a licence under section 92, 93, or 99 of this Act.
(c) A large goods vehicle or passenger-carrying vehicle driver's licence has been revoked or suspended under section 115.
(d) A notice has been served requiring the delivery of a licence under sections 99C, 109B, or 115A.
(e) The licence holder has failed to deliver it as required under the relevant sections of the Road Traffic Act 1988 or the Crime (International Co-operation) Act 2003.
164(4) False statements in obtaining a licence
If a constable has reasonable cause to believe that a licence holder or another person has knowingly made a false statement to obtain a licence, they may require the licence holder to produce it.
164(4A) Requirement to produce a motorcycle training certificate
A constable who has reasonable cause to believe that a provisional licence holder driving a motorbike was not doing so as part of an authorised training course may require them to produce the prescribed certificate of completion of a motorcycle training course.
164(5) Power to seize a licence required by the court
A constable may require a person to produce their licence if they have been required to do so by a court under:
Section 26 or 27 of the Road Traffic Offenders Act 1988.,
Section 40B of the Child Support Act 1991.,
Section 40 of the Crime (Sentences) Act 1997.,
Section 168 of the Sentencing Code.,
Section 223A or 436A of the Criminal Procedure (Scotland) Act 1975.,
If the person produces the licence, the constable may seize it and deliver it to the court.
164(5A) Power to seize a licence or test certificate
If a person fails to surrender their licence or test certificate to the Secretary of State under:
Section 37A of the Road Traffic Offenders Act 1988.,
Section 3A, or paragraphs 5A or 8A of Schedule 1 to the Road Traffic (New Drivers) Act 1995.,
A constable or vehicle examiner may require them to produce the licence or test certificate and, upon production, seize it and deliver it to the Secretary of State.
164(5B) Definition of "test certificate"
In subsection (5A), "test certificate" has the same meaning as in Schedule 1 to the Road Traffic (New Drivers) Act 1995.
164(6) Offence of failing to produce a licence or training certificate
A person who fails to produce their licence, state their date of birth, or produce their motorcycle training certificate when required under this section is guilty of an offence, subject to subsections (8) and (8A).
164(11) Definitions
Licence – A licence under Part III of this Act, a Northern Ireland licence, or a Community licence.
Vehicle examiner – An examiner appointed under section 66A of this Act.
Community licence, Northern Ireland licence, provisional licence, training course for motorcyclists, and prescribed certificate of completion – Have the same meanings as in Part III of this Act.
Summary: A fine not exceeding £2,500
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