Section 165
Section 165 of the Road Traffic Act 1988 creates the power for a constable or vehicle examiner to obtain the names and adresses of drivers and owners of vehicles and require them to produce their certificates of insurance or test certificates
165(1) Requirement to Provide Information & Produce Documents
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 or vehicle examiner 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 or other public place, or
(c) a person whom a constable or vehicle examiner 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 required by a constable or vehicle examiner:
Provide their name and address.,
Provide the name and address of the owner of the vehicle.,
Produce the relevant documents for examination.,
165(2) Required Documents
The following documents must be produced:
(a) The relevant certificate of insurance (as defined in Part VI of this Act) or other prescribed evidence that the vehicle is not or was not being driven in contravention of section 143 of this Act.
(b) For vehicles subject to section 47 of this Act, a test certificate issued under subsection (1) of that section.
(c) For goods vehicles, any plating certificate or goods vehicle test certificate required under section 53(1) or (2) of this Act.
165(2A) - (2D) Digital Certificates of Insurance
165(2B) Where a certificate of insurance has been electronically transmitted under section 147(1A) of this Act, a person is deemed to have produced it if:
(a) They provide electronic access to a copy of the certificate using their own or the officer's equipment, or
(b) They produce a legible printed copy of the certificate.
165(2C) Where a certificate is made available via a website under section 147(1A)(b), it is deemed produced if:
(a) The person provides electronic access to the certificate via the website, or
(b) They produce a legible printed copy of the certificate.
165(2D) There is no requirement for a constable or vehicle examiner to provide electronic equipment for a person to comply with these requirements.
165(3) - (4) Offence of Failing to Produce Documents
165(3) Failing to comply with a requirement under subsection (1) is an offence.
165(4) However, a person shall not be convicted of this offence if they can show that:
(a) The required document was produced at a specified police station within seven days, or
(b) It was produced as soon as reasonably practicable, or
(c) It was not reasonably practicable to produce it before the start of proceedings.
For the purposes of this subsection, the laying of an information or, in Scotland, the service of a complaint shall be treated as the commencement of proceedings.
165(5) Supervisors of Provisional Licence Holders
The following persons must, upon request by a constable or vehicle examiner:
(a) A person supervising the holder of a provisional licence while they drive on a road (other than an invalid carriage).
(b) A person believed to have been supervising a provisional licence holder at the time of an accident or suspected offence.
They must:
Provide their name and address.,
Provide the name and address of the owner of the vehicle.,
165(6) Offence of Failing to Provide Information as a Supervisor
Failure to comply with a requirement under subsection (5) is an offence.
165(7) Definitions
"Owner" – In relation to a vehicle subject to a hiring agreement, this includes each party to the agreement.
"Vehicle examiner" – Means an examiner appointed under section 66A of this Act.
Notes
Inspection of certificates
Tremelling v Martin [1971] RTR 196, the court held that certificates must be produced for long enough to allow for proper inspection.
Public Places Extension
The requirement under s.165(1)(b) was extended to include public places as well as roads.
Driving requirement
The requirement under s.165(1)(a) only applies when the person is driving, as established in Boyce v Absalom [1974] RTR 248.
Summary: A fine not exceeding £2,500
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