Manchester Solicitors

General Obligations of the Police versus Drivers under Road Traffic Laws

Being stopped on the road

If you are suspected of committing an offence under any Road Traffic law, the police are entitled to pull you over.  However, they are under no legal obligation to state their reasons for doing so, although most of the time they do.  Failure to stop is a criminal offence.

When stopping you for any suspected offence, the police are entitled to ask for your license; insurance certificate and vehicle registration document.  If you cannot produce these documents, you can go to a designated police station and show them within seven days.  Failure to do so is an offence.

Despite the fact that so far it seems that the police do not have many legal obligations related to road traffic offences, they do.  You could be repeatedly stopped by the police without any charge, which will entitle you to make a complaint to the Independent Police Complaints Commission. As discussed in the FAQs articles on speeding and drink driving, when using devices to catch speeding (mobile handheld cameras) or calculate levels of alcohol in a driver’s system, the operators have to have the appropriate level of training, use the devices in line with operational standards and ensure the devices are properly calibrated and in good working order.

Types of fines the police can issue at the roadside

In theory, only one:

Fixed penalty notices – the fines and number of penalty points given are often small and are usually used for minor offences, such as not wearing a seatbelt, broken indicator lights etc.  Some offences are “non-endorsable” meaning they attract fines of usually around the £30 mark and do not result in penalty points.  “Endorsable offences”, commonly including speeding, attract fines of £60 or more and penalty points.

If a police officer tries to make you pay these fines on the spot, you should know that you are not obliged to do so.

If you feel your fine was unfairly given, you are of course entitled to seek professional road traffic legal advice and challenge your case in court.

When can my car be taken away?

The police will issue a “vehicle rectification notice” if they decide to take your car.  They can only do this where:

The vehicle is being used in an anti-social manner, which includes inconsiderate driving and driving off road on other’s land.

If the driver lacks appropriate insurance or license.

When can my license be taken away?

It you have accumulated 12 points, you’re license will be taken away and you will be banned for a minimum of six months.  For serious offence, such as dangerous/reckless driving, drink driving and going 30 mph over the limit of normal roads or over 100 mph on the motorway, you will get an automatic ban, the length being dependent on the severity of the offence and the rules/polices related to the particular offence.  Of course, we must remember that the police are still subject to procedural rules when charging anyone of offences that may lead to a ban.

When can I be forced to repair my car?

If you are stopped and the police find defects on your cars you can be forced to repair your vehicle under a vehicle defect rectification notice.   You have to bear in mind the type and severity of the defect (s) determines whether this or a vehicle seizure is appropriate.  A broken indicator will typically attract a vehicle defect rectification notice whereas multiple bald tires might make the car “unroadworthy.” If you have been issued a vehicle defect rectification notice, you will have to report to a designated police station giving evidence of the fact that the defect has been repaired.  Usually a receipt from a mechanic will suffice.