Legalize / United Kingdom / Public General Act

Road Traffic Act 1988

Type Public General Act

Publication 1988-11-15

Last updated 2026-01-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(1) A person to whom a certificate prescribed under section 135 of this Act is issued, or to whom a licence under this Part of this Act is granted, must, on being so required by a constable or any person authorised in writing by the Secretary of State in that behalf, produce the certificate or licence for examination.

(2) Where—

(a) the name of a person is removed from the register, or

(b) a licence granted under this Part of this Act to a person expires or is revoked,

then, if that person fails to satisfy an obligation imposed on him by section 136 of this Act, a constable or a person authorised in writing by the Secretary of State in that behalf may require him to produce any such certificate issued to him or the licence, and upon its being produced may seize it and deliver it to the Registrar.

(3) A person who is required under subsection (1) or (2) above to produce a document and fails to do so is, subject to subsection (4) below, guilty of an offence.

(4) In proceedings against any person for an offence under subsection (3) above, it shall be a defence for him to show that—

(a) within seven days beginning with the day following that on which the production of the document was so required, it was produced—

(i) where the requirement was made by a constable, at a police station specified at the time the production was required by the person required to produce the document,

(ii) where the requirement was made by a person other than a constable, at a place specified at that time by that person, or

(b) the document was produced at that police station or, as the case may be, place as soon as was reasonably practicable, or

(c) it was not reasonably practicable for it to be produced at that police station or, as the case may be, place 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.

Offences by corporations

138

Where a body corporate is guilty of an offence under this Part of this Act and the offence is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, he, as well as the body corporate, is guilty of that offence and liable to be proceeded against and punished accordingly.

Service of notices

139

(1) A notice authorised or required to be given by this Part of this Act to a person may be given by delivering it to him, or by leaving it at his proper address, or by sending it to him by post.

(2) For the purposes of this section and of section 7 of the Interpretation Act 1978 in its application to this section, the proper address of a person shall be, in the case of a person whose name is included in the register, his address on the register, and in any other case, his usual or last known address.

Receipts

140

Any sums received on account of fees payable by virtue of any provision of this Part of this Act shall be paid into the Consolidated Fund.

Regulations

141

(1) The Secretary of State may make regulations for any purpose for which provision is by this Part of this Act authorised to be made by regulations and for prescribing anything which may be prescribed under this Part of this Act , and in this Part of this Act “regulations” means regulations made under this section.

(2) Regulations under this section—

(a) may be expressed to apply generally or only in particular circumstances,

(b) may make different provision in relation to different cases or other circumstances or otherwise for different purposes, and

Index to Part V

142

The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part of this Act listed in the right-hand column in relation to those expressions.

Part VI — Third-Party Liabilities

Compulsory insurance ...

Users of motor vehicles to be insured or secured against third-party risks

143

(1) Subject to the provisions of this Part of this Act—

(a) a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that person such a policy of insurance ... as complies with the requirements of this Part of this Act, and

(b) a person must not cause or permit any other person to use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance ... as complies with the requirements of this Part of this Act.

(2) If a person acts in contravention of subsection (1) above he is guilty of an offence.

(3) A person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves—

(a) that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan,

(b) that he was using the vehicle in the course of his employment, and

(c) that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance ... as is mentioned in subsection (1) above.

(4) This Part of this Act does not apply to invalid carriages.

Exceptions from requirement of third-party insurance or security

144

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Section 143 does not apply—

(a) to a vehicle owned—

(i) by the council of a county or county district in England and Wales the Broads Authority, the Common Council of the City of London, the council of a London borough a National Park authority, the Inner London Education Authority, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, the London Fire Commissioner, ... , a joint authority ... established by Part 4 of the Local Government Act 1985, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 , a combined authority established under section 103 of that Act or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,

(ii) by a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in Scotland or the Scottish Fire and Rescue Service , or

(iii) by a joint board or committee in England or Wales, or joint committee in Scotland, which is so constituted as to include among its members representatives of any such council,

at a time when the vehicle is being driven under the owner’s control,

(b) to a vehicle owned by a local policing body or a police authority or the Receiver for the Metropolitan Police district, at a time when it is being driven under the owner’s control, or to a vehicle at a time when it is being driven for police purposes by or under the direction of a constable, by a member of a police and crime commissioner's staff (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011), by a member of the staff of the Mayor's Office for Policing and Crime (within the meaning of that Part of that Act), by a member of the civilian staff of a police force (within the meaning of that Part of that Act), by a member of the civilian staff of the metropolitan police force (within the meaning of that Part of that Act), by a person employed by the Common Council of the City of London in its capacity as a police authority, by a police volunteer designated under section 38 of the Police Reform Act 2002, or by a person employed by a police authority, ..., or

(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) to a vehicle at a time when it is being driven on a journey to or from any place undertaken for salvage purposes pursuant to Part IX of the Merchant Shipping Act 1995,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(da) to a vehicle owned by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990 ...or by a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006, at a time when the vehicle is being driven under the owner’s control.

(db) to an ambulance owned by a National Health Service trust established under section 25 of the National Health Service Act 2006, section 18 of the National Health Service (Wales) Act 2006 or the National Health Service (Scotland) Act 1978, at a time when a vehicle is being driven under the owner’s control

(dc) to an ambulance owned by an NHS foundation trust, at a time when the vehicle is being driven under the owner’s control,

(e) to a vehicle which is made available by the Secretary of State or the Welsh Ministers to any person, body or local authority in pursuance of section 12 or 80 of the National Health Service Act 2006, or section 10 or 38 of the National Health Service (Wales) Act 2006, at a time when it is being used in accordance with the terms on which it is so made available,

(f) to a vehicle which is made available by the Secretary of State to any local authority, education authority or voluntary organisation in Scotland in pursuance of section 15 or 16 of the National Health Service (Scotland) Act 1978 at a time when it is being used in accordance with the terms on which it is so made available.

(g) to a vehicle owned by the Care Quality Commission, at a time when the vehicle is being driven under the owner’s control

Requirements in respect of policies of insurance

145

(1) In order to comply with the requirements of this Part of this Act, a policy of insurance must satisfy the following conditions.

(2) The policy must be issued by an authorised insurer.

(3) Subject to subsection (4) below, the policy—

(a) must insure such person, persons or classes of persons as may be specified in the policy in respect of any liability which may be incurred by him or them in respect of the death of or bodily injury to any person or damage to property caused by, or arising out of, the use of the vehicle on a road or other public place in Great Britain, and

(aa) must, in the case of a vehicle normally based in the territory of a member State, insure him or them in respect of any civil liability which may be incurred by him or them as a result of an event related to the use of the vehicle in Great Britain if,—

(i) according to the law of that territory, he or they would be required to be insured in respect of a civil liability which would arise under that law as a result of that event if the place where the vehicle was used when the event occurred were in that territory, and

(ii) the cover required by that law would be higher than that required by paragraph (a) above, and

(b) must in the case of a vehicle normally based in Great Britain insure him or them in respect of any liability which may be incurred by him or them in respect of the use of the vehicle and of any trailer, whether or not coupled, in the territory of Northern Ireland and of each of the member States of the European Union according to

(i) the law on compulsory insurance against civil liability in respect of the use of vehicles applicable in the territory in which the event giving rise to the liability occurred; or

(ii) if it would give higher cover, the law which would be applicable under this Part of this Act if the place where the vehicle was used when that event occurred were in Great Britain; and

(c) must also insure him or them in respect of any liability which may be incurred by him or them under the provisions of this Part of this Act relating to payment for emergency treatment.

(4) The policy shall not, by virtue of subsection (3)(a) above, be required—

(a) to cover liability in respect of the death, arising out of and in the course of his employment, of a person in the employment of a person insured by the policy or of bodily injury sustained by such a person arising out of and in the course of his employment, or

(b) to provide insurance of more than £1,200,000 in respect of all such liabilities as may be incurred in respect of damage to property caused by, or arising out of, any one accident involving the vehicle, or

(d) to cover liability in respect of damage to goods carried for hire or reward in or on the vehicle or in or on any trailer (whether or not coupled) drawn by the vehicle, or

(e) to cover any liability of a person in respect of damage to property in his custody or under his control, or

(f) to cover any contractual liability.

(4A) In the case of a person—

(a) carried in or upon a vehicle, or

(b) entering or getting on to, or alighting from, a vehicle,

the provisions of paragraph (a) of subsection (4) above do not apply unless cover in respect of the liability referred to in that paragraph is in fact provided pursuant to a requirement of the Employers’ Liability (Compulsory Insurance) Act 1969.

(5) “Authorised insurer” has the same meaning as in section 95.

(6) If any person or body of persons ceases to be a member of the Motor Insurers’ Bureau, that person or body shall not by virtue of that cease to be treated as an authorised insurer for the purposes of this Part of this Act . . . —

(a) in relation to any policy issued by the insurer before ceasing to be such a member, or

(b) in relation to any obligation (whether arising before or after the insurer ceased to be such a member) which the insurer may be called upon to meet under or in consequence of any such policy or under section 157 of this Act . . . by virtue of making a payment in pursuance of such an obligation.

Requirements in respect of securities

146

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue and surrender of certificates of insurance and of security

147

(1) An insurer issuing a policy of insurance for the purposes of this Part of this Act must deliver to the person by whom the policy is effected a certificate (in this Part of this Act referred to as a “certificate of insurance”) in the prescribed form and containing such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed.

(1A) A certificate of insurance is to be treated for the purposes of subsection (1) as having been delivered to the person by whom the policy is effected if—

(a) it is transmitted electronically by the insurer to the person in accordance with subsection (1B) below, or

(b) it is made available by the insurer to the person on a website in accordance with subsection (1C) below.

(1B) A certificate is transmitted electronically by an insurer to a person in accordance with this subsection if—

(a) on effecting the policy to which the certificate relates, the person agreed to its electronic transmission for the purposes of subsection (1) above, and

(b) the certificate is transmitted by the insurer to an electronic address specified by the person for this purpose.

(1C) A certificate is made available by an insurer to a person on a website in accordance with this subsection if—

(a) on effecting the policy to which the certificate relates, the person agreed to its being made available on a website for the purposes of subsection (1) above,

(b) the insurer makes the certificate available to the person by placing an electronic copy of it on a website, and

(i) the certificate's presence on the website,

(ii) the address of the website,

(iii) the place on the website where he may access the certificate, and

(iv) how he may access the certificate.

(1D) Where a certificate made available on a website is treated by virtue of subsection (1A)(b) above as having been delivered by an insurer to a person, the insurer must ensure that the certificate remains continuously accessible to the person on the website until the expiry of the last day on which the policy to which it relates has effect.

(1E) For the purposes of subsection (1D) above, a certificate is to be treated as remaining continuously accessible to a person on a website, despite its being temporarily inaccessible to him on the website, if the insurer has taken all reasonable steps to make it continuously accessible to him on the website (including steps to remedy any temporary inaccessibility).

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Different forms and different particulars may be prescribed for the purposes of subsection (1) ... above in relation to different cases or circumstances.

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

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Avoidance of certain exceptions to policies or securities

148

(1) Where a policy is issued for the purposes of this Part of this Act, so much of the policy ... as purports to restrict—

(a) the insurance of the persons insured by the policy, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

... by reference to any of the matters mentioned in subsection (2) below shall, as respects such liabilities as are required to be covered by a policy under section 145 of this Act, be of no effect.

(2) Those matters are—

(a) the age or physical or mental condition of persons driving the vehicle,

(b) the condition of the vehicle,

(d) the weight or physical characteristics of the goods that the vehicle carries,

(e) the time at which or the areas within which the vehicle is used,

(f) the horsepower or cylinder capacity or value of the vehicle,

(g) the carrying on the vehicle of any particular apparatus, or

(h) the carrying on the vehicle of any particular means of identification other than any means of identification required to be carried by or under the Vehicle Excise and Registration Act 1994.

(3) Nothing in subsection (1) above requires an insurer ... to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability.

(4) Any sum paid by an insurer ... in or towards the discharge of any liability of any person which is covered by the policy ... by virtue only of subsection (1) above is recoverable by the insurer ... from that person.

(5) A condition in a policy issued for the purposes of this Part of this Act providing—

(a) that no liability shall arise under the policy ... , or

(b) that any liability so arising shall cease,

in the event of some specified thing being done or omitted to be done after the happening of the event giving rise to a claim under the policy ... , shall be of no effect in connection with such liabilities as are required to be covered by a policy under section 145 of this Act.

(6) Nothing in subsection (5) above shall be taken to render void any provision in a policy ... requiring the person insured ... to pay to the insurer ... any sums which the latter may have become liable to pay under the policy ... and which have been applied to the satisfaction of the claims of third parties.

(7) Notwithstanding anything in any enactment, a person issuing a policy of insurance under section 145 of this Act shall be liable to indemnify the persons or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of those persons or classes of persons.

Avoidance of certain agreements as to liability towards passengers

149

(1) This section applies where a person uses a motor vehicle in circumstances such that under section 143 of this Act there is required to be in force in relation to his use of it such a policy of insurance ... as complies with the requirements of this Part of this Act.

(2) If any other person is carried in or upon the vehicle while the user is so using it, any antecedent agreement or understanding between them (whether intended to be legally binding or not) shall be of no effect so far as it purports or might be held—

(a) to negative or restrict any such liability of the user in respect of persons carried in or upon the vehicle as is required by section 145 of this Act to be covered by a policy of insurance, or

(b) to impose any conditions with respect to the enforcement of any such liability of the user.

(3) The fact that a person so carried has willingly accepted as his the risk of negligence on the part of the user shall not be treated as negativing any such liability of the user.

(4) For the purposes of this section—

(a) references to a person being carried in or upon a vehicle include references to a person entering or getting on to, or alighting from, the vehicle, and

(b) the reference to an antecedent agreement is to one made at any time before the liability arose.

150

(1) To the extent that a policy issued for the purposes of this Part of this Act—

(a) restricts the insurance of the persons insured by the policy ... to use of the vehicle for specified purposes (for example, social, domestic and pleasure purposes) of a non-commercial character, or

(b) excludes from that insurance ... —

(i) use of the vehicle for hire or reward, or

(ii) business or commercial use of the vehicle, or

(iii) use of the vehicle for specified purposes of a business or commercial character,

then, for the purposes of that policy ... so far as it relates to such liabilities as are required to be covered by a policy under section 145 of this Act, the use of a vehicle on a journey in the course of which one or more passengers are carried at separate fares shall, if the conditions specified in subsection (2) below are satisfied, be treated as falling within that restriction or as not falling within that exclusion (as the case may be).

(2) The conditions referred to in subsection (1) above are—

(a) the vehicle is not adapted to carry more than eight passengers and is not a motor cycle,

(b) the fare or aggregate of the fares paid in respect of the journey does not exceed the amount of the running costs of the vehicle for the journey (which for the purposes of this paragraph shall be taken to include an appropriate amount in respect of depreciation and general wear), and

(c) the arrangements for the payment of fares by the passenger or passengers carried at separate fares were made before the journey began.

(3) Subsections (1) and (2) above apply however the restrictions or exclusions described in subsection (1) are framed or worded.

(4) In subsections (1) and (2) above “fare” and “separate fares” have the same meaning as in section 1(4) of the Public Passenger Vehicles Act 1981.

Duty of insurers or persons giving security to satisfy judgment against persons insured or secured against third-party risks

151

(1) This section applies where, after a policy is issued for the purposes of this Part of this Act, a judgment to which this subsection applies is obtained.

(2) Subsection (1) above applies to judgments relating to a liability with respect to any matter where liability with respect to that matter is required to be covered by a policy of insurance under section 145 of this Act and either—

(a) it is a liability covered by the terms of the policy ... ... , and the judgment is obtained against any person who is insured by the policy ... , or

(b) it is a liability, other than an excluded liability, which would be so covered if the policy insured all persons ... and the judgment is obtained against any person other than one who is insured by the policy ... .

(3) In deciding for the purposes of subsection (2) above whether a liability is or would be covered by the terms of a policy ... , so much of the policy ... as purports to restrict ... the insurance of the persons insured by the policy ... by reference to the holding by the driver of the vehicle of a licence authorising him to drive it shall be treated as of no effect.

(4) In subsection (2)(b) above “excluded liability” means a liability in respect of the death of, or bodily injury to, or damage to the property of any person who, at the time of the use which gave rise to the liability, was allowing himself to be carried in or upon the vehicle and knew or had reason to believe that the vehicle had been stolen or unlawfully taken, not being a person who—

(a) did not know and had no reason to believe that the vehicle had been stolen or unlawfully taken until after the commencement of his journey, and

(b) could not reasonably have been expected to have alighted from the vehicle.

In this subsection the reference to a person being carried in or upon a vehicle includes a reference to a person entering or getting on to, or alighting from, the vehicle.

(5) Notwithstanding that the insurer may be entitled to avoid or cancel, or may have avoided or cancelled, the policy ... , he must, subject to the provisions of this section, pay to the persons entitled to the benefit of the judgment—

(a) as regards liability in respect of death or bodily injury, any sum payable under the judgment in respect of the liability, together with any sum which, by virtue of any enactment relating to interest on judgments, is payable in respect of interest on that sum,

(b) as regards liability in respect of damage to property, any sum required to be paid under subsection (6) below, and

(6) This subsection requires—

(a) where the total of any amounts paid, payable or likely to be payable under the policy ... in respect of damage to property caused by, or arising out of, the accident in question does not exceed £1,200,000, the payment of any sum payable under the judgment in respect of the liability, together with any sum which, by virtue of any enactment relating to interest on judgments, is payable in respect of interest on that sum,

(b) where that total exceeds £1,200,000, the payment of either—

(i) such proportion of any sum payable under the judgment in respect of the liability as £1,200,000 bears to that total, together with the same proportion of any sum which, by virtue of any enactment relating to interest on judgments, is payable in respect of interest on that sum, or

(ii) the difference between the total of any amounts already paid under the policy ... in respect of such damage and £1,200,000, together with such proportion of any sum which, by virtue of any enactment relating to interest on judgments, is payable in respect of interest on any sum payable under the judgment in respect of the liability as the difference bears to that sum,

whichever is the less, unless not less than £1,200,000 has already been paid under the policy ... in respect of such damage (in which case nothing is payable).

(7) Where an insurer becomes liable under this section to pay an amount in respect of a liability of a person who is insured by a policy ... , he is entitled to recover from that person—

(a) that amount, in a case where he became liable to pay it by virtue only of subsection (3) above, or

(b) in a case where that amount exceeds the amount for which he would, apart from the provisions of this section, be liable under the policy ... in respect of that liability, the excess.

(8) Where an insurer becomes liable under this section to pay an amount in respect of a liability of a person who is not insured by a policy ... , he is entitled to recover the amount from that person or from any person who—

(a) is insured by the policy ... by the terms of which the liability would be covered if the policy insured all persons ... , and

(b) caused or permitted the use of the vehicle which gave rise to the liability.

(9) In this section—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) “term-liability-covered-by-the-terms-of-the-policy-or-securityliability covered by the terms of the policy ...” means a liability which is covered by the policy ... or which would be so covered but for the fact that the insurer is entitled to avoid or cancel, or has avoided or cancelled, the policy ... .

(10) In the application of this section to Scotland, the words “by virtue of any enactment relating to interest on judgments” in subsections (5) and (6) (in each place where they appear) shall be omitted.

Exceptions to section 151

152

(1) No sum is payable by an insurer under section 151 of this Act—

(a) in respect of any judgment unless, before or within seven days after the commencement of the proceedings in which the judgment was given, the insurer had notice of the bringing of the proceedings, or

(b) in respect of any judgment so long as execution on the judgment is stayed pending an appeal, or

(c) in connection with any liability if, before the happening of the event which was the cause of the death or bodily injury or damage to property giving rise to the liability, the policy ... was cancelled by mutual consent or by virtue of any provision contained in it ...

(i) before the happening of that event the certificate was surrendered to the insurer, or (in the case of a certificate delivered otherwise than as described in section 147(1A) above) the person to whom the certificate was delivered made a statutory declaration stating that the certificate had been lost or destroyed, or

(ii) after the happening of that event, but before the expiration of a period of fourteen days from the taking effect of the cancellation of the policy or security, the certificate was surrendered to the insurer, or (in the case of a certificate delivered otherwise than as described in section 147(1A) above) the person to whom it was delivered made a statutory declaration stating that the certificate had been lost or destroyed, or

(iii) either before or after the happening of that event, but within that period of fourteen days, the insurer has commenced proceedings under this Act in respect of the failure to surrender the certificate.

(2) No sum is payable by an insurer under section 151 of this Act in connection with any liability if, before the happening of the event which was the cause of the death or bodily injury or damage to property giving rise to the liability, the insurer has obtained a declaration—

(a) that, apart from any provision contained in the policy ... , he is entitled to avoid the policy under either of the relevant insurance enactments ... on the ground that it was obtained—

(i) by the non-disclosure of a material fact, or

(ii) by a representation of fact which was false in some material particular, or

(b) if he has avoided the policy under either of the relevant insurance enactments ... on that ground, that he was entitled so to do apart from any provision contained in the policy ...

and, for the purposes of this section, “material” means of such a nature as to influence the judgment of a prudent insurer in determining whether he will take the risk and, if so, at what premium and on what conditions..

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(5) In this section, “relevant insurance enactment” means the Consumer Insurance (Disclosure and Representations) Act 2012 or Part 2 of the Insurance Act 2015.

Bankruptcy, etc., of insured or secured persons not to affect claims by third parties

153

(1) Where, after a person has effected a policy of insurance ... for the purposes of this Part of this Act, an event which results in that person being a relevant person for the purposes of the Third Parties (Rights against Insurers) Act 2010 happens, the happening of that event shall, notwithstanding anything in the that Act, not affect any such liability of that person as is required to be covered by a policy of insurance under section 145 of this Act.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Nothing in subsection (1) above affects any rights conferred by the Third Parties (Rights against Insurers) Act 2010 on the person to whom the liability was incurred, being rights so conferred against the person by whom the policy was issued ... .

Duty to give information as to insurance or security where claim made

154

(1) A person against whom a claim is made in respect of any such liability as is required to be covered by a policy of insurance under section 145 of this Act must, on demand by or on behalf of the person making the claim—

(a) state whether or not, in respect of that liability—

(i) he was insured by a policy having effect for the purposes of this Part of this Act ... , or

(ii) he would have been so insured if the insurer had not avoided or cancelled the policy, and

(b) if he was or would have been so insured ... —

(i) give such particulars with respect to that policy ... as were specified in any certificate of insurance ... delivered in respect of that policy ... under section 147 of this Act, or

(ii) where no such certificate was delivered under that section, give the following particulars, that is to say, the registration mark or other identifying particulars of the vehicle concerned, the number or other identifying particulars of the insurance policy issued in respect of the vehicle, the name of the insurer and the period of the insurance cover.

(2) If without reasonable excuse, a person fails to comply with the provisions of subsection (1) above, or wilfully makes a false statement in reply to any such demand as is referred to in that subsection, he is guilty of an offence.

Deposits

155

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to require evidence of insurance or security on application for vehicle excise licence

156

Provision may be made by regulations under section 57 of the Vehicle Excise and RegistrationAct 1994 for requiring a person applying for a licence under that Act in respect of a motor vehicle to produce such evidence as may be prescribed that either—

(a) on the date when the licence comes into operation there will be in force the necessary policy of insurance ... in relation to the use of the vehicle by the applicant or by other persons on his order or with his permission, or

(b) the vehicle is a vehicle to which section 143 of this Act does not apply at a time when it is being driven under the owner’s control.

Payments for treatment of traffic casualties

Payment for hospital treatment of traffic casualties

157

(1) Subject to subsection (2) below, where—

(a) a payment, other than a payment under section 158 of this Act, is made (whether or not with an admission of liability) in respect of the death of, or bodily injury to, any person arising out of the use of a motor vehicle on a road or in a place to which the public have a right of access, and

(b) the payment is made by an authorised insurer, the payment being made under or in consequence of a policy issued under section 145 of this Act, and

(c) the person who has so died or been bodily injured has to the knowledge of the insurer or owner, as the case may be, received treatment at a hospital, whether as an in-patient or as an out-patient, in respect of the injury so arising,

the insurer or owner must pay the expenses reasonably incurred by the hospital in affording the treatment, after deducting from the expenses any moneys actually received in payment of a specific charge for the treatment, not being moneys received under any contributory scheme.

(2) The amount to be paid shall not exceed £2,949.00 for each person treated as an in-patient or £295.00 for each person treated as an out-patient.

(3) For the purposes of this section “expenses reasonably incurred” means—

(a) in relation to a person who receives treatment at a hospital as an in-patient, an amount for each day he is maintained in the hospital representing the average daily cost, for each in-patient, of the maintenance of the hospital and the staff of the hospital and the maintenance and treatment of the in-patients in the hospital, and

(b) in relation to a person who receives treatment at a hospital as an out-patient, reasonable expenses actually incurred.

Payment for emergency treatment of traffic casualties

158

(1) Subsection (2) below applies where—

(a) medical or surgical treatment or examination is immediately required as a result of bodily injury (including fatal injury) to a person caused by, or arising out of, the use of a motor vehicle on a road, and

(b) the treatment or examination so required (in this Part of this Act referred to as “emergency treatment”) is effected by a legally qualified medical practitioner.

(2) The person who was using the vehicle at the time of the event out of which the bodily injury arose must, on a claim being made in accordance with the provisions of section 159 of this Act, pay to the practitioner (or, where emergency treatment is effected by more than one practitioner, to the practitioner by whom it is first effected)—

(a) a fee of £21.30 in respect of each person in whose case the emergency treatment is effected by him, and

(b) a sum, in respect of any distance in excess of two miles which he must cover in order—

(i) to proceed from the place from which he is summoned to the place where the emergency treatment is carried out by him, and

(ii) to return to the first mentioned place,

equal to 41 pence for every complete mile and additional part of a mile of that distance.

(3) Where emergency treatment is first effected in a hospital, the provisions of subsections (1) and (2) above with respect to payment of a fee shall, so far as applicable, but subject (as regards the recipient of a payment) to the provisions of section 159 of this Act, have effect with the substitution of references to the hospital for references to a legally qualified medical practitioner.

(4) Liability incurred under this section by the person using a vehicle shall, where the event out of which it arose was caused by the wrongful act of another person, be treated for the purposes of any claim to recover damage by reason of that wrongful act as damage sustained by the person using the vehicle.

Supplementary provisions as to payments for treatment

159

(1) A payment falling to be made under section 157 or 158 of this Act in respect of treatment in a hospital must be made to the hospital

(2) A claim for a payment under section 158 of this Act may be made at the time when the emergency treatment is effected, by oral request to the person who was using the vehicle, and if not so made must be made by request in writing served on him within seven days from the day on which the emergency treatment was effected.

(3) Any such request in writing—

(a) must be signed by the claimant or, in the case of a hospital, by an executive officer of the hospital claiming the payment.

(b) must state the name and address of the claimant, the circumstances in which the emergency treatment was effected, and that it was first effected by the claimant or, in the case of a hospital, in the hospital, and

(c) may be served by delivering it to the person who was using the vehicle or by sending it in a prepaid registered letter, or the recorded delivery service, addressed to him at his usual or last known address.

(4) A payment made under section 158 of this Act shall operate as a discharge, to the extent of the amount paid, of any liability of the person who was using the vehicle, or of any other person, to pay any sum in respect of the expenses or remuneration of the practitioner or hospital concerned of or for effecting the emergency treatment.

(5) A chief officer of police must, if so requested by a person who alleges that he is entitled to claim a payment under section 158 of this Act, provide that person with any information at the disposal of the chief officer—

(a) as to the identification marks of any motor vehicle which that person alleges to be a vehicle out of the use of which the bodily injury arose, and

(b) as to the identity and address of the person who was using the vehicle at the time of the event out of which it arose.

General

Regulations

160

(1) The Secretary of State may make regulations for any purpose for which regulations may be made under this Part of this Act and for prescribing anything which may be prescribed under this Part of this Act and generally for the purpose of carrying this Part of this Act into effect.

In this Part of this Act “regulations” means regulations under this section and “prescribed” means prescribed by regulations.

(2) In particular, but without prejudice to the generality of subsection (1) above, the regulations may make provision—

(a) as to forms to be used for the purposes of this Part of this Act,

(b) as to applications for and the issue of certificates of insurance ... and any other documents which may be prescribed, and as to the keeping of records . . . and the providing of particulars of them or the giving of information with respect to them to the Secretary of State or a chief officer of police,

(d) as to the custody, production, cancellation and surrender of any such certificates or other documents, . . .

(da) for or in connection with the transmission or making available of certificates of insurance as described in section 147(1A)(a) or (b) of this Act, and

(e) for providing that any provisions of this Part of this Act shall, in relation to vehicles brought into Great Britain by persons making only a temporary stay in Great Britain, have effect subject to such modifications and adaptations as may be prescribed.

Interpretation

161

(1) In this Part of this Act—

“ hospital ” means any institution which provides medical or surgical treatment for in-patients, other than— a health service hospital within the meaning of the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 or the National Health Service (Scotland) Act 1978,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .any institution carried on for profit,

“policy of insurance” includes a covering note,

“salvage” means the preservation of a vessel which is wrecked, stranded or in distress, or the lives of persons belonging to, or the cargo or apparel of, such a vessel, and

“under the owner’s control” means, in relation to a vehicle, that it is being driven by the owner or by a servant of the owner in the course of his employment or is otherwise subject to the control of the owner.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this Part of this Act, any reference to an accident includes a reference to two or more causally related accidents.

Index to Part VI

162

Part VII — Miscellaneous and General

Powers of constables and other authorised persons

Power of police to stop vehicles

163

(1) A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a constable in uniform or a traffic officer.

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

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

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

Power of constables to require production of driving licence and in certain cases statement of date of birth

164

(1) Any of the following persons—

(a) a person driving a motor vehicle on a road,

(b) a person whom a constable or vehicle examiner has reasonable cause to believe to have been the driver of a motor vehicle at a time when an accident occurred owing to its presence on a road,

(c) a person whom a constable or vehicle examiner has reasonable cause to believe to have committed an offence in relation to the use of a motor vehicle on a road, or

(d) a person—

(i) who supervises the holder of a provisional licence while the holder is driving a motor vehicle on a road, or

(ii) whom a constable or vehicle examiner has reasonable cause to believe was supervising the holder of a provisional 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 or vehicle examiner, produce his licence ... for examination, so as to enable the constable or vehicle examiner to ascertain the name and address of the holder of the licence, the date of issue, and the authority by which it was issued.

(2) A person required by a constable under subsection (1) above to produce his licence must in prescribed circumstances, on being so required by the constable, state his date of birth.

(3) If—

(a) a person is required to deliver his licence ... to the Secretary of State under section 63 of the Crime (International Co-operation) Act 2003 or the Secretary of State has—

(i) revoked a licence under section 92, 93 or 99 of this Act, or

(ii) revoked or suspended a large goods vehicle driver’s licence or a passenger-carrying vehicle driver’s licence under section 115 of this Act, andor

(iii) served notice requiring the delivery of a licence to him in pursuance of section 99C , 109B or 115A of this Act,

(b) the holder of the licence fails to deliver it ... to the Secretary of State or a traffic commissioner , as the case may be in pursuance of section 92, 93, 99 99C, , 109B 115A or 118or section 63 of the Crime (International Co-operation) Act 2003 (as the case may be),

a constable or vehicle examiner may require him to produce the licence ..., and upon its being produced may seize it and deliver it to the Secretary of State.

(4) Where a constable has reasonable cause to believe that the holder of a licence, or any other person, has knowingly made a false statement for the purpose of obtaining the grant of the licence, the constable may require the holder of the licence to produce it ... to him.

(4A) Where a constable to whom a provisional licence has been produced by a person driving a motor bicycle has reasonable cause to believe that the holder was not driving it as part of the training being provided on a training course for motor cyclists, the constable may require him to produce the prescribed certificate of completion of a training course for motor cyclists.

(5) Where a person has been required 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 or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975 to produce a licence ... to the court and fails to do so, a constable may require him to produce it and, upon its being produced, may seize it and deliver it to the court.

(5A) If a person is required to surrender the person’s licence or test certificate to the Secretary of State under—

(a) section 37A of the Road Traffic Offenders Act 1988, or

(b) section 3A of, or paragraph 5A or 8A of Schedule 1 to, the Road Traffic (New Drivers) Act 1995,

and fails to do so, a constable or vehicle examiner may require the person to produce the licence or test certificate and, upon its being produced, may seize it and deliver it to the Secretary of State.

(5B) In subsection (5A), “test certificate” has the same meaning as in Schedule 1 to the Road Traffic (New Drivers) Act 1995.

(6) If a person required under the preceding provisions of this section to produce a licence ... or state his date of birth or to produce his certificate of completion of a training course for motor cyclists. . . fails to do so he is, subject to subsections (8) and (8A) below, guilty of an offence.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In proceedings against any person for the offence of failing to produce a licence ... it shall be a defence for him to show that—

(a) within seven days after the production of his licence ... was required he produced it in person at a police station that was specified by him at the time its production was required, or

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

(c) it was not reasonably practicable for him to produce it 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.

(8A) Subsection (8) above shall apply in relation to a certificate of completion of a training course for motor cyclists as it applies in relation to a licence.

(9) Where in accordance with this section a person has stated his date of birth to a constable, the Secretary of State may serve on that person a notice in writing requiring him to provide the Secretary of State—

(a) with such evidence in that person’s possession or obtainable by him as the Secretary of State may specify for the purpose of verifying that date, and

(b) if his name differs from his name at the time of his birth, with a statement in writing specifying his name at that time,

and a person who knowingly fails to comply with a notice under this subsection is guilty of an offence.

(10) A notice authorised to be served on any person by subsection (9) above may be served on him—

(a) if the statement to the constable was made in England and Wales, in accordance with Criminal Procedure Rules, or

(b) if that statement was made elsewhere,

by delivering it to him or by leaving it at his proper address or by sending it to him by post; and for the purposes of this paragraph and section 7 of the Interpretation Act 1978 in its application to this paragraph the proper address of any person shall be his latest address as known to the person giving the notice.

(10A) For the purposes of subsection (10)(a)—

(a) Criminal Procedure Rules (as they have effect from time to time) apply to the notice as if it were a document to be served in criminal proceedings before a magistrates’ court, and

(b) any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service.

(11) In this section—

“licence” means a licence under Part III of this Act , a Northern Ireland licenceor a Community licence,

“vehicle examiner” means an examiner appointed under section 66A of this Act;

and “ Community licence”, ... , “Northern Ireland licence”, “provisional licence”, “training course for motor cyclists” and, in relation to such a course, “the prescribed certificate of completion” have the same meanings as in Part III of this Act.

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

165

(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 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 so required by a constable or vehicle examiner, 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) the 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.

(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.

(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) A person shall not be convicted of an offence under subsection (3) 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 or vehicle examiner 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 or vehicle examiner, 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 and “vehicle examiner” means an examiner appointed under section 66A of this Act.

Powers of certifying officers and examiners as respects goods vehicles

166

Any of the following officers, namely—

(a) an examiner appointed under section 68 of this Act,

(b) a certifying officer appointed under section 7(1) of the Public Passenger Vehicles Act 1981,

(d) A person authorised for the purpose by a traffic commissioner appointed under the Public Passenger Vehicles Act 1981,

may, on production if so required of his authority, exercise in the case of goods vehicles or passenger-carrying vehicles of any prescribed class all such powers as are, under section 164(1), (3) or (5A) or 165 of this Act, exercisable by a constable.

Power of arrest in Scotland for reckless or careless driving or cycling

167

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to give name and address

Failure to give, or giving false, name and address in case of reckless or careless or inconsiderate driving or cycling

168

Any of the following persons—

(a) the driver of a mechanically propelled vehicle who is alleged to have committed an offence under section 2 or 3 of this Act, or

(b) the rider of a cycle who is alleged to have committed an offence under section 28 or 29 of this Act,

who refuses, on being so required by any person having reasonable ground for so requiring, to give his name or address, or gives a false name or address, is guilty of an offence.

Pedestrian contravening constable’s direction to stop to give name and address

169

A constable may require a person committing an offence under section 37 of this Act to give his name and address, and if that person fails to do so he is guilty of an offence.

Duties in case of accident

Duty of driver to stop, report accident and give information or documents

170

(1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road or other public place, an accident occurs by which—

(a) personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or

(b) damage is caused—

(i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or

(ii) to an animal other than an animal in or on that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or

(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road or place in question is situated or land adjacent to such land.

(2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

(3) If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident.

(4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

(5) If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of a motor vehicle does not at the time of the accident produce such a certificate of insurance ... or other evidence, as is mentioned in section 165(2)(a) of this Act—

(a) to a constable, or

(b) to some person who, having reasonable grounds for so doing, has required him to produce it,

the driver must report the accident and produce such a certificate or other evidence.

This subsection does not apply to the driver of an invalid carriage.

(6) To comply with a duty under this section to report an accident or to produce such a certificate of insurance ... or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver—

(a) must do so at a police station or to a constable, and

(b) must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.

(7) A person who fails to comply with a duty under subsection (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within seven days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.

(8) In this section “animal” means horse, cattle, ass, mule, sheep, pig, goat or dog.

Forgery, false statements, etc.

Forgery of documents, etc

173

(1) A person who, with intent to deceive—

(a) forges, alters or uses a document or other thing to which this section applies, or

(b) lends to, or allows to be used by, any other person a document or other thing to which this section applies, or

(c) makes or has in his possession any document or other thing so closely resembling a document or other thing to which this section applies as to be calculated to deceive,

is guilty of an offence.

(2) This section applies to the following documents and other things—

(a) any licence under any Part of this Act ...,

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any test certificate, goods vehicle test certificate, plating certificate, certificate of conformity or Minister’s approval certificate (within the meaning of Part II of this Act),

(cc) any seal required by regulations made under section 41 of this Act with respect to speed limiters,

(d) any plate containing particulars required to be marked on a vehicle by regulations under section 41 of this Act or containing other particulars required to be marked on a goods vehicle by sections 54 to 58 of this Act or regulations under those sections,

(dd) any document evidencing the appointment of an examiner under section 66A of this Act,

(e) any records required to be kept by virtue of section 74 of this Act,

(f) any document which, in pursuance of section 89(3) . . .of this Act, is issued as evidence of the result of a test of competence to drive,

(ff) any document evidencing the successful completion of a driver training course provided in accordance with regulations under section 99ZA of this Act,

(g) any certificate under section 133A or any badge or certificate prescribed by regulations made by virtue of section 135 of this Act,

(h) any certificate of insurance ... under Part VI of this Act,

(j) any document produced as evidence of insurance in pursuance of Regulation 6 of the Motor Vehicles (Compulsory Insurance) (No. 2) Regulations 1973,

(k) any document issued under regulations made by the Secretary of State in pursuance of his power under section 165(2)(a) of this Act to prescribe evidence which may be produced in lieu of a certificate of insurance ... , ...

(l) any international road haulage permit. and

(m) a certificate of the kind referred to in section 34B(1) of the Road Traffic Offenders Act 1988.

(3) In the application of this section to England and Wales “forges” means makes a false document or other thing in order that it may be used as genuine.

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

False statements and withholding material information

174

(1) A person who knowingly makes a false statement for the purpose—

(a) of obtaining the grant of a licence under any Part of this Act to himself or any other person, or

(b) of preventing the grant of any such licence, or

(ca) of obtaining a document evidencing the successful completion of a driver training course provided in accordance with regulations under section 99ZA of this Act, or

(d) of securing the entry or retention of the name of any person in the register of approved instructors maintained under Part V of this Act, or

(dd) of obtaining the grant to any person of a certificate under section 133A of this Act, or

(e) of obtaining the grant of an international road haulage permit to himself or any other person,

is guilty of an offence.

(2) A person who, in supplying information or producing documents for the purposes either of sections 53 to 60 and 63 of this Act or of regulations made under sections 49 to 51, 61, 62 and 66(3) of this Act—

(a) makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or

(b) produces, provides, sends or otherwise makes use of a document which he knows to be false in a material particular or recklessly produces, provides, sends or otherwise makes use of a document which is false in a material particular,

is guilty of an offence.

(3) A person who—

(a) knowingly produces false evidence for the purposes of regulations under section 66(1) of this Act, or

(b) knowingly makes a false statement in a declaration required to be made by the regulations,

is guilty of an offence.

(4) A person who—

(a) wilfully makes a false entry in any record required to be made or kept by regulations under section 74 of this Act, or

(b) with intent to deceive, makes use of any such entry which he knows to be false,

is guilty of an offence.

(5) A person who makes a false statement or withholds any material information for the purpose of obtaining the issue—

(a) of a certificate of insurance ... under Part VI of this Act, or

(b) of any document issued under regulations made by the Secretary of State in pursuance of his power under section 165(2)(a) of this Act to prescribe evidence which may be produced in lieu of a certificate of insurance ... ,

is guilty of an offence.

Issue of false documents

175

If a person issues—

(a) any such document as is referred to in section 174(5)(a) or (b) of this Act, or

(b) a test certificate or certificate of conformity (within the meaning of Part II of this Act),

and the document or certificate so issued is to his knowledge false in a material particular, he is guilty of an offence.

Power to seize articles in respect of which offences under sections 173 to 175 may have been committed

176

(1) If a constable has reasonable cause to believe that a document produced to him—

(a) in pursuance of section 137 of this Act, or

(b) in pursuance of any of the preceding provisions of this Part of this Act,

is a document in relation to which an offence has been committed under section 173, 174 or 175 of this Act or under section 115 of the Road Traffic Regulation Act 1984, he may seize the document.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) When a document is seized under subsection (1) above, the person from whom it was taken shall, unless—

(a) the document has been previously returned to him, or

(b) he has been previously charged with an offence under any of those sections,

be summoned before a magistrates’ court or, in Scotland, the sheriff to account for his possession of the document.

(3) The court or sheriff must make such order respecting the disposal of the document and award such costs as the justice of the case may require.

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) If a constable, an examiner appointed under section 66A of this Act has reasonable cause to believe that a document or plate carried on a motor vehicle or by the driver of the vehicle is a document or plate to which this subsection applies, he may seize it.

For the purposes of this subsection the power to seize includes power to detach from a vehicle.

(5) Subsection (4) above applies to a document or plate in relation to which an offence has been committed under sections 173, 174 or 175 of this Act in so far as they apply—

(a) to documents evidencing the appointment of examiners under s. 66A of this Act, or

(b) to goods vehicle test certificates, plating certificates, certificates of conformity or Minister’s approval certificates (within the meaning of Part II of this Act), or

(c) to plates containing plated particulars (within the meaning of that Part) or containing other particulars required to be marked on goods vehicles by sections 54 to 58 of this Act or regulations made under them, or

(d) to records required to be kept by virtue of section 74 of this Act, or

(e) to international road haulage permits.

(6) When a document or plate is seized under subsection (4) above, either the driver or owner of the vehicle shall, if the document or plate is still detained and neither of them has previously been charged with an offence in relation to the document or plate under section 173, 174 or 175 of this Act, be summoned before a magistrates’ court or, in Scotland, the sheriff to account for his possession of, or the presence on the vehicle of, the document or plate.

(7) The court or sheriff must make such order respecting the disposal of the document or plate and award such costs as the justice of the case may require.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Impersonation of, or of person employed by, authorised examiner

177

A person is guilty of an offence if, with intent to deceive, he falsely represents himself—

(a) to be, or to be employed by, a person authorised in accordance with regulations made under section 41 of this Act with respect to the checking and sealing of speed limiters, or

(b) to be a person entitled under section 45 of this Act to carry out examinations of vehicles under that section.

Offences in Scotland

Taking motor vehicle without authority, etc

178

(1) A person who in Scotland—

(a) takes and drives away a motor vehicle without having either the consent of the owner of the vehicle or other lawful authority, or

(b) knowing that a motor vehicle has been so taken, drives it or allows himself to be carried in or on it without such consent or authority,

is, subject to subsection (2) below, guilty of an offence.

(2) If—

(a) the jury, on proceedings under this section on indictment, or

(b) the court, on summary proceedings under this section,

is satisfied that the accused acted in the reasonable belief that he had lawful authority, or in the reasonable belief that the owner would, in the circumstances of the case, have given consent if he had been asked for it, the accused shall not be liable to be convicted of the offence.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inquiries

General power to hold enquiries

179

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General provisions as to inquiries

180

(1) Where under any of the provisions of this Act an inquiry is held by the Secretary of State—

(a) notice of the inquiry may be given and published in accordance with such general or special directions as the Secretary of State may give,

(b) the Secretary of State and, if authorised by him, the person appointed to hold the inquiry may by order require any person, subject to the payment or tender of the reasonable expenses of his attendance, to attend as a witness and give evidence or to produce any documents in his possession or power which relate to any matter in question at the inquiry and are such as would be subject to production in a court of law,

(c) the person holding the inquiry shall have power to take evidence on oath and for that purpose to administer oaths, and

(d) the Secretary of State may make such order as to the payment of the costs incurred by him in connection with the inquiry (including such reasonable sum not exceeding £30 a day as he may determine for the services of any officer engaged in the inquiry) by such party to the inquiry as he thinks fit, and may certify the amount of the costs so incurred.

(2) Any amount certified as mentioned in subsection (1)(d) above and directed by the Secretary of State to be paid by any person shall be recoverable from that person—

(a) in England or Wales, by the Secretary of State summarily as a civil debt (without prejudice to any other means of recovering it), or

(b) in Scotland, by the Secretary of State.

(3) A person who fails without reasonable excuse to comply with any of the provisions of an order under subsection (1)(b) above is guilty of an offence.

General provisions as to accident inquiries

181

(1) Where an accident arises out of the presence of a mechanically propelled vehicle on a road, the Secretary of State may direct inquiry to be made into the cause of the accident.

(2) Where any accident arising out of the presence of a mechanically propelled vehicle on a road has occurred, a person authorised by the Secretary of State in that behalf may, on production if so required of his authority, inspect any vehicle in connection with which the accident arose, and for that purpose may enter at any reasonable time any premises where the vehicle is.

(3) If a person obstructs a person so authorised in the performance of his duty under subsection (2) above, he is guilty of an offence.

(4) If in any case the Secretary of State considers that an inquiry to be made by him under this section should be made by means of the holding of a public inquiry, he may direct a public inquiry to be held.

(5) A report made by or to the Secretary of State as the result of an inquiry under this section shall not be used in evidence by or on behalf of a person by or against whom any legal proceedings are instituted in consequence of the accident to which the inquiry relates.

Special provisions as to accident inquiries in Greater London

182

(1) Where, owing to the presence of a vehicle on a road, an accident occurs within Greater London and it appears to the Secretary of State that the sole or a contributory cause of the accident was—

(a) the nature or character of the road or of the road surface, or

(b) a defect in the design or construction of the vehicle or in the materials used in the construction of the road or vehicle,

he may, if he thinks fit, cause an inquiry to be held into the cause of the accident.

(2) In this section “road” includes a highway and a bridge carrying a highway and any lane, mews, footway, square, court, alley or passage whether a thoroughfare or not.

Application to the Crown

183

(1) Subject to the provisions of this section—

(a) Part I of this Act,

(b) Part II of this Act, except sections 68 to 74 and 77,

(d) Part IV of this Act, and

(e) in this Part, sections 163, 164, 168, 169, 170(1) to (4), 177, 178, 181 and 182,

apply to vehicles and persons in the public service of the Crown.

(2) Sections 49 to 63 and section 65 of this Act apply—

(a) to vehicles in the public service of the Crown only if they are registered or liable to be registered under the vehicle Excise and Registration Act 1994, and

(b) to trailers in the public service of the Crown only while drawn by vehicles (whether or not in the public service of the Crown) which are required to be so registered.

(3) Where those sections so apply they do so subject to the following modifications—

(a) examinations of such vehicles in pursuance of regulations under section 49 or 61(2)(a) of this Act may be made by or under the directions of examiners authorised by the Secretary of State for the purpose instead of by or under the directions of examiners appointed under section 66A of this Act, . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Neither section 97(3) nor section 98(3) of this Act, in so far as they prevent such a licence as is there mentioned from authorising a person to drive certain motor bicyclesand mopeds, applies—

(a) in the case of motor bicyclesand mopedsowned by the Secretary of State for Defence and used for naval, military or air force purposes, or

(b) in the case of motor bicyclesand mopeds so used while being ridden by persons for the time being subject to the orders of a member of the armed forces of the Crown.

(5) Subject to regulations made under subsection (2) of section 101 of this Act, that section (in so far as it prohibits persons under 21 from holding or obtaining a licence to drive motor vehicles or persons under 18 from holding or obtaining a licence to drive medium-sized goods vehicles) does not apply—

(a) in the case of motor vehicles owned by the Secretary of State for Defence and used for naval, military or air force purposes, or

(b) in the case of vehicles so used while being driven by persons for the time being subject to the orders of a member of the armed forces of the Crown.

(6) The functions under Part IV of this Act of traffic commissioners in relation to licences issued to persons subject to service law (within the meaning of the Armed Forces Act 2006) to drive large goods vehicles or passenger-carrying vehicles in the public service of the Crown shall be exercised by the prescribed authority

(7) Section 165 of this Act, in so far as it provides for the production of test certificates and the giving of names and addresses, applies to a person in connection with a vehicle to which section 47 of this Act applies notwithstanding that he or the driver is or was at any material time in the public service of the Crown.

(8) Subsection (1) of section 165 of this Act, in so far as it provides for the production of any certificate mentioned in subsection (2)(c) of that section, applies to a person in connection with a goods vehicle so mentioned notwithstanding that he or the driver is or was at any material time in the public service of the Crown.

Application of sections 5 to 10 to persons subject to service discipline

184

(1) Sections 5 to 10 of this Act, in their application to persons subject to service law and civilians subject to service discipline, apply outside as well as within Great Britain and have effect as if—

(a) references to proceedings for an offence under any enactment included references to proceedings for an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales is that offence,

(b) references to the court included a reference to any officer before whom the proceedings take place,

(d) references to a police station included references to a naval, military or air force unit or establishment,

(e) references to a hospital included references to a naval, military or air force unit or establishment at which medical or surgical treatment is provided for persons subject to service law or civilians subject to service discipline, . . .

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Road Traffic Act 1988

Offences by corporations

138

Service of notices

139

Receipts

140

Regulations

141

Index to Part V

142

Part VI — Third-Party Liabilities

Compulsory insurance ...

Users of motor vehicles to be insured or secured against third-party risks

143

Exceptions from requirement of third-party insurance or security

144

Requirements in respect of policies of insurance

145

Requirements in respect of securities

146

Issue and surrender of certificates of insurance and of security

147

Avoidance of certain exceptions to policies or securities

148

Avoidance of certain agreements as to liability towards passengers

149

Insurance or security in respect of private use of vehicle to cover use under car-sharing arrangements

150

Duty of insurers or persons giving security to satisfy judgment against persons insured or secured against third-party risks

151

Exceptions to section 151

152

Bankruptcy, etc., of insured or secured persons not to affect claims by third parties

153

Duty to give information as to insurance or security where claim made

154

Deposits

155

Power to require evidence of insurance or security on application for vehicle excise licence

156

Payments for treatment of traffic casualties

Payment for hospital treatment of traffic casualties

157

Payment for emergency treatment of traffic casualties

158

Supplementary provisions as to payments for treatment

159

General

Regulations

160

Interpretation

161

Index to Part VI

162

Part VII — Miscellaneous and General

Powers of constables and other authorised persons

Power of police to stop vehicles

163

Power of constables to require production of driving licence and in certain cases statement of date of birth

164

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

165

Powers of certifying officers and examiners as respects goods vehicles

166

Power of arrest in Scotland for reckless or careless driving or cycling

167

Duty to give name and address

Failure to give, or giving false, name and address in case of reckless or careless or inconsiderate driving or cycling

168

Pedestrian contravening constable’s direction to stop to give name and address

169

Duties in case of accident

Duty of driver to stop, report accident and give information or documents

170

Other duties to give information or documents

Duty of owner of motor vehicle to give information for verifying compliance with requirement of compulsory insurance or security

171

Duty to give information as to identity of driver, etc., in certain cases

172