Roads Policing Production of Driving Documents PDF

Summary

This document provides information on the procedures for handling driving documents for police officers in Northern Ireland. It covers various aspects of the power to stop vehicles, demand production of documents and dealing with offences for not producing the driving license.

Full Transcript

Police College RP07 Roads Policing RP07 Production of Driving Documents Introduction Your daily duties will frequently involve motor vehicles and drivers, whether concerned with crime, motoring offenc...

Police College RP07 Roads Policing RP07 Production of Driving Documents Introduction Your daily duties will frequently involve motor vehicles and drivers, whether concerned with crime, motoring offences or collisions. Examination of documents can often lead to the detection of a crime. It is an offence under this Order for a person to drive on a road, a motor vehicle of any class, other than in accordance with a licence authorising him to drive a motor vehicle of that class.’ Art 3 Road Traffic (NI) Order 1981 Power to stop Vehicles A constable in uniform may require any person driving a mechanically propelled vehicle on a road or other public place or any person riding a cycle on a road or other public place to stop, and any person who fails to stop when he is so required shall be guilty of an offence under this Order. Points to Prove - Driving a motor vehicle on a road. - Required to produce driving licence for inspection. - Failed to produce driving licence. - Art 180(1) R.T. (NI) Order 1981 OFFICIAL [SENSITIVE] Page 56 Police College RP07 Power to demand production A constable may require the production for examination of the driving licence, provisional licence, certificate of insurance, test certificate or goods vehicle certificate of any person:  who is driving a motor vehicle on a road; or  whom he reasonably suspects to have been involved in an accident on a road or other public place; or  whom he reasonably suspects to have committed an offence under the road traffic orders. Art 180(2) R.T. (NI) Order 1981 If any condition of a provisional licence requires the ‘L’ driver to be accompanied by a qualified driver then a constable may at any time demand production of the licence from the person supervising. Summary Art 180(3) R.T. (NI) Order 1981 Power to Demand Name/Address ‘..a person driving a motor vehicle on a road shall, on being so required by a member of the Police Service for Northern Ireland give his name and address and the name and address of the owner of the vehicle…’ Art 97(1) R.T. (NI) Order 1981 This power is only available when the person is driving a motor vehicle on a road. Power to Demand Date of Birth ‘A person required by a constable under paragraph (2) and (3) to produce his licence must in the prescribed circumstances, on being required to do so by the constable, state his date of birth.’ Art 180(3A) R.T. (NI) Order 1981. A licence that is defaced, mutilated or unreadable is deemed not to have been produced. Remember what constitutes a licence (RP04). OFFICIAL [SENSITIVE] Page 57 Police College RP07 Unable to Produce Where a person cannot produce driving documents on demand from a constable, they will be: issued with a production notice, entitled form 55/8 required to produce such document(s) at a police station nominated by them within 7 days informed that failure to produce is an offence The default position is now for 55/8 to be completed electronically at the roadside and a Roadside Enforcement Notice (REN) card issued to the driver which is produced at the station within 7 days. This speeds up the administration process. Alternatively if the handheld device is not functioning then a paper 55/8 can be issued. Full details should be recorded in your notebook. The procedure is complete when you forward the 55/8 or electronic version. If an offence is disclosed you will be required to investigate. Offence ‘If any person fails to produce his [driving documents] immediately when asked for it or, alternatively, to bring it in person within 7 days after production was required to [a police station that they specified], he shall be guilty of an offence..’ Art 180(4) R.T. (NI) Order 1981 The offence is complete only if the person has been:  required to produce; and  asked which station they wish to produce the documents at; and  7 clear days have elapsed.  OFFICIAL [SENSITIVE] Page 58

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