Road Traffic Act 1988

• (b) as to the information to be provided in such a notice by virtue of this section, and

• (c) as to any further information to be provided in a such notice.

• (8) The fixed penalty payable under this section is, subject to subsection (9) below, £100.

• (9) Regulations may substitute a different amount for the amount for the time being specified in subsection (8) above.

• (10) Regulations may make provision for treating a fixed penalty payable under this section as having been paid if a lesser amount is paid before the end of a prescribed period.

• (11) In any proceedings a certificate which—

• (a) purports to be signed by or on behalf of the Secretary of State, and

• (b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

Section 144A offence: supplementary

144D

• (1) Schedule 2A makes provision about the immobilisation of vehicles as regards which it appears that an offence under section 144A of this Act is being committed and about their removal and disposal.

• (2) A person authorised by the Secretary of State for the purposes of this subsection may on behalf of the Secretary of State conduct and appear in any proceedings by or against the Secretary of State in connection with the enforcement of an offence under section 144A of this Act or under regulations made under section 160 of this Act by virtue of Schedule 2A to this Act—

• (a) in England and Wales, in a magistrates' court, and

• (b) in Scotland, in any court other than the High Court of Justiciary or the Court of Session.

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

• (c) to cover liability in respect of damage to 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 ... of certificates of insurance ... .

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

• (c) the person is notified by the insurer, in a manner agreed by the person, of—

• (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 ... .

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,

• (c) the number of persons that the vehicle carries,

• (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.

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

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 ... to satisfy judgment against persons insured ... .

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

• (c) any amount payable in respect of costs.

• (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 ... 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 ... 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 ... 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.

Assimilated law relating to compulsory insurance

Assimilated law relating to compulsory insurance

156A

• (1) To the extent that Article 3 of the 2009 Motor Insurance Directive (as it had effect at any time) is relevant to any question as to the interpretation or effect of any provision of this Part, references in that Article to liability in respect of the use of vehicles are to be read as not including liability in respect of the use in Great Britain of vehicles—

• (a) other than motor vehicles, or

• (b) otherwise than on a road or other public place.

• (2) Subsection (1) does not apply in relation to any question for the purposes of section 145(3)(aa) or (b) as to the interpretation or effect of the law on compulsory insurance of, or applicable in, a member State or Northern Ireland.

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

• (4) Accordingly, to the extent that it is inconsistent with subsection (1) ..., assimilated case law ceases to have effect.

• (5) In this section—

• “the 2009 Motor Insurance Directive” means Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability;

• ...

• “assimilated case law” has the same meaning as in the European Union (Withdrawal) Act 2018 (see section 6(7) of that Act);

• ...

• (6) Nothing in this section applies in relation to the use of a vehicle before the day on which section 1 of the Motor Vehicles (Compulsory Insurance) Act 2022 comes into force.

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

Disclosure of information

159A

• (1) Regulations may make provision for and in connection with requiring MIIC to make information available to any prescribed person for the purposes of the exercise of any of that person's functions in connection with the enforcement of an offence under this Part of this Act or under regulations made under section 160 of this Act.

• (2) In this section—

• “ MIIC ” means the Motor Insurers' Information Centre (a company limited by guarantee and incorporated under the Companies Act 1985 on 8th December 1998), and

• “ information ” means information held in any form.

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,

• (c) as to the issue of copies of any such certificates or other documents which are lost or destroyed,

• (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

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 VII — Miscellaneous and General

Requirement for approval of persons to assist at tests

Approved test assistants

162A

• (1) The Secretary of State may make regulations permitting any person wishing to be accompanied at a relevant test by another person (a “test assistant”) to be so accompanied if—

• (a) he submits himself for the relevant test in any circumstances in which the Secretary of State considers it appropriate that he should be entitled to be so accompanied, and

• (b) the test assistant is approved in accordance with regulations under this section to accompany people at relevant tests in such circumstances in order to assist them in undergoing the relevant tests.

• (2) The circumstances in which the Secretary of State considers it appropriate that a person should be entitled to be accompanied by a test assistant at a relevant test may include, for example, circumstances in which he is likely to have difficulty in hearing, understanding or responding to instructions or questions in the course of the relevant test without assistance.

• (3) The regulations may make provision in relation to the approval of test assistants and may, in particular, include provision—

• (a) in relation to the making of applications for approval,

• (b) for the payment in respect of applications for approval, or of approvals, (or both) of fees of such amounts as are prescribed,

• (c) in relation to the period for which an approval is to have effect and withdrawing approval,

• (d) authorising the imposition of conditions on an approval,

• (e) for an appeal to lie to the First-tier Tribunal against a refusal of an application for approval, the imposition of conditions on an approval or the withdrawal of approval,

• (f) prescribing circumstances in which an approved test assistant may not act as such,

• (g) as to the evidencing by persons of their status as approved test assistants, and

• (h) authorising the Secretary of State to make available (with or without charge) information about approved test assistants.

• (4) The regulations may make different provision in relation to different cases.

• (5) The following are relevant tests—

• (a) tests of competence to drive a motor vehicle prescribed by virtue of section 89(3) of this Act or section 36(5) of the Road Traffic Offenders Act 1988,

• (b) examinations of ability and fitness (or continued ability and fitness) to give driving instruction for which provision is made by virtue of section 132 of this Act, and

• (c) emergency control assessments under section 133A of this Act.

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, and or

• (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 118 or 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 paragraph 5 of Schedule 3ZB to the Social Security Administration Act 1992, 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 licence or 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 ... 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.

Power to seize vehicles driven without licence or insurance

165A

• (1) Subsection (5) applies if any of the following conditions is satisfied.

• (2) The first condition is that—

• (a) a constable in uniform requires, under section 164, a person to produce his licence ... for examination,

• (b) the person fails to produce them, and

• (c) the constable has reasonable grounds for believing that a motor vehicle is or was being driven by the person in contravention of section 87(1).

• (3) The second condition is that—

• (a) a constable in uniform requires, under section 165, a person to produce evidence that a motor vehicle is not or was not being driven in contravention of section 143,

• (b) the person fails to produce such evidence, and

• (c) the constable has reasonable grounds for believing that the vehicle is or was being so driven.

• (4) The third condition is that—

• (a) a constable in uniform requires, under section 163, a person driving a motor vehicle to stop the vehicle,

• (b) the person fails to stop the vehicle, or to stop the vehicle long enough, for the constable to make such lawful enquiries as he considers appropriate, and

• (c) the constable has reasonable grounds for believing that the vehicle is or was being driven in contravention of section 87(1) or 143.

• (5) Where this subsection applies, the constable may—

• (a) seize the vehicle in accordance with subsections (6) and (7) and remove it;

• (b) enter, for the purpose of exercising a power falling within paragraph (a), any premises (other than a private dwelling house) on which he has reasonable grounds for believing the vehicle to be;

• (c) use reasonable force, if necessary, in the exercise of any power conferred by paragraph (a) or (b).

• (6) Before seizing the motor vehicle, the constable must warn the person by whom it appears that the vehicle is or was being driven in contravention of section 87(1) or 143 that he will seize it—

• (a) in a section 87(1) case, if the person does not produce his licence ... immediately;

• (b) in a section 143 case, if the person does not provide him immediately with evidence that the vehicle is not or was not being driven in contravention of that section.

But the constable is not required to give such a warning if the circumstances make it impracticable for him to do so.

• (7) If the constable is unable to seize the vehicle immediately because the person driving the vehicle has failed to stop as requested or has driven off, he may seize it at any time within the period of 24 hours beginning with the time at which the condition in question is first satisfied.

• (8) The powers conferred on a constable by this section are exercisable only at a time when regulations under section 165B are in force.

• (9) In this section—

• (a) a reference to a motor vehicle does not include an invalid carriage;

• (b) a reference to evidence that a motor vehicle is not or was not being driven in contravention of section 143 is a reference to a document or other evidence within section 165(2)(a);

• (c) “licence” has the same meaning as in section 164;

• (d) “private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.

Retention etc. of vehicles seized under section 165A

165B

• (1) The Secretary of State may by regulations make provision as to—

• (a) the removal and retention of motor vehicles seized under section 165A; and

• (b) the release or disposal of such motor vehicles.

• (2) Regulations under subsection (1) may, in particular, make provision—

• (a) for the giving of notice of the seizure of a motor vehicle under section 165A to a person who is the registered keeper, the owner or the driver of that vehicle;

• (b) for the procedure by which a person who claims to be the registered keeper or the owner of a motor vehicle seized under section 165A may seek to have it released;

• (c) for requiring the payment, by the registered keeper, owner or driver of the vehicle, of fees, charges or costs in relation to the removal and retention of such a motor vehicle and to any application for its release;

• (d) as to the circumstances in which a motor vehicle seized under section 165A may be disposed of;

• (e) as to the destination—

• (i) of any fees or charges payable in accordance with the regulations;

• (ii) of the proceeds (if any) arising from the disposal of a motor vehicle seized under section 165A;

• (f) for the delivery to a local authority, in circumstances prescribed by or determined in accordance with the regulations, of any motor vehicle seized under section 165A.

• (3) Regulations under subsection (1) must provide that a person who would otherwise be liable to pay any fee or charge under the regulations is not liable to pay it if—

• (a) he was not driving the motor vehicle at the time in question, and

• (b) he did not know that the vehicle was being driven at that time, had not consented to its being driven and could not, by the taking of reasonable steps, have prevented it from being driven.

• (4) Regulations under subsection (1) may make different provision for different cases.

• (5) In this section—

• “local authority”—in relation to England, means—a county council,the council of a district comprised in an area for which there is no county council,a London borough council,the Common Council of the City of London, orTransport for London;in relation to Wales, means the council of a county or county borough; andin relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• “registered keeper”, in relation to a motor vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994.

Powers of certain officers as respects goods vehicles and passenger-carrying 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,

• (c) an examiner appointed under section 7(2) of that Act, and

• (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.

Other duties to give information or documents

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

171

• (1) For the purpose of determining whether a motor vehicle was or was not being driven in contravention of section 143 of this Act on any occasion when the driver was required under section 165(1) or 170 of this Act to produce such a certificate of insurance ... or other evidence, as is mentioned in section 165(2)(a) of this Act, the owner of the vehicle must give such information as he may be required, by or on behalf of a chief officer of police, to give.

• (2) A person who fails to comply with the requirement of subsection (1) above is guilty of an offence.

• (3) In this section “owner”, in relation to a vehicle which is the subject of a hiring agreement, includes each party to the agreement.

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

172

• (1) This section applies—

• (a) to any offence under the preceding provisions of this Act except—

• (i) an offence under Part V, or

• (ii) an offence under section 13, 16, 51(2), 61(4), 67(9), 68(4), 96 or 120,

and to an offence under section 178 of this Act,

• (b) to any offence under sections 25, 26 or 27 of the Road Traffic Offenders Act 1988,

• (c) to any offence against any other enactment relating to the use of vehicles on roads, . . . and

• (d) to manslaughter, or in Scotland culpable homicide, by the driver of a motor vehicle.

• (2) Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—

• (a) the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police or the Chief Constable of the British Transport Police Force, and

• (b) any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver.

• (3) Subject to the following provisions, a person who fails to comply with a requirement under subsection (2) above shall be guilty of an offence.

• (4) A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.

• (5) Where a body corporate is guilty of an offence under this section 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.

• (6) Where the alleged offender is a body corporate, or in Scotland a partnership or an unincorporated association, or the proceedings are brought against him by virtue of subsection (5) above or subsection (11) below, subsection (4) above shall not apply unless, in addition to the matters there mentioned, the alleged offender shows that no record was kept of the persons who drove the vehicle and that the failure to keep a record was reasonable.

• (7) A requirement under subsection (2) may be made by written notice served in accordance with Criminal Procedure Rules, if the alleged offence took place in England and Wales, or by post otherwise; and where it is so made—

• (a) it shall have effect as a requirement to give the information within the period of 28 days beginning with the day on which the notice is served, and

• (b) the person on whom the notice is served shall not be guilty of an offence under this section if he shows either that he gave the information as soon as reasonably practicable after the end of that period or that it has not been reasonably practicable for him to give it.

• (7A) For the purposes of subsection (7) (as it applies in relation to an alleged offence in England and Wales)—

• (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.

• (8) Where the person on whom a notice under subsection (7) above is to be served is a body corporate, the notice is duly served if it is served on the secretary or clerk of that body.

• (9) For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this section the proper address of any person in relation to the service on him of a notice under subsection (7) above is—

• (a) in the case of the secretary or clerk of a body corporate, that of the registered or principal office of that body or (if the body corporate is the registered keeper of the vehicle concerned) the registered address, and

• (b) in any other case, his last known address at the time of service.

• (10) In this section—

• “registered address”, in relation to the registered keeper of a vehicle, means the address recorded in the record kept under the Vehicles Excise and Registration Act 1994 with respect to that vehicle as being that person’s address, and

• “registered keeper”, in relation to a vehicle, means the person in whose name the vehicle is registered under that Act;

and references to the driver of a vehicle include references to the rider of a cycle.