Sergeants Exam
Road Policing Law
Road policing questions in the sergeants exam are mostly about getting small details exactly right: which place, which vehicle, who may use the power, and which time limit. This guide covers the Road Traffic Act 1988 as it appears in the General police duties volume, with the traps and six worked practice questions.
Independent information, not advice · Sources checked 4 October 2026 · England and Wales unless stated
Learn the definitions (road, public place, motor vehicle, mechanically propelled vehicle, driver, drive, in charge), then which offence or power uses which words. Know the powers in ss.163 to 165A and 172, the dangerous against careless tests, the drink and drug driving sequence from preliminary test to hospital procedure, and the time limits. The exam tests only the law as it appears in the Manuals edition for the sitting.
Road policing law at a glance
This page is a revision guide, not legal advice, and it is not a substitute for the Blackstone's Police Manuals, which are the syllabus. Every section number, limit and maximum penalty below was checked against the revised text on legislation.gov.uk on 4 October 2026. For the exam itself see the sergeant exam explained, and for the related topic pages see PACE searches and arrest and public order offences.
| Item | What to know |
|---|---|
| Where it sits | General police duties volume (Blackstone's Police Manuals, Volume 3), chapters 3.19 to 3.22 in the 2026 edition per the 2026 handbook Appendix A |
| Main statute | Road Traffic Act 1988 (RTA), with the Road Traffic Offenders Act 1988 (RTOA) for penalties and notice rules |
| The core skill | Matching each offence or power to its exact vehicle type, place and who may use it |
| Definitions to know cold | Road (s.192), motor vehicle (s.185), mechanically propelled vehicle, driver, drive, in charge, public place |
| Powers | Stop (s.163), licence (s.164), name, address and insurance (s.165), seize (s.165A), driver identity information (s.172), preliminary tests (s.6) |
| Driving standards | Dangerous (ss.1, 2, 2A), careless and inconsiderate (ss.3, 3ZA), causing death while over the limit or unfit (s.3A) |
| Drink and drugs | Unfit (s.4), over the limit (s.5), drug limit (s.5A), preliminary tests (ss.6 to 6D), specimens (ss.7, 7A, 8, 9) |
| Insurance | s.143 using, causing or permitting; the employee defence in s.143(3) puts the burden on the defendant |
| What the March 2026 paper held | 9 of 140 scored questions under the four road policing skills (our count of that sitting only; the College says not to use it to predict later papers) |
The definitions: road, public place, vehicle, driver, in charge
Chapter 3.19 in the 2026 edition is where Blackstone's sets out the vocabulary. The statute itself gives the definitions below and leaves several of the key ones to the courts. The table shows what the Act says and where you will have to learn case law from your Manuals edition.
| Term | What the Act says | Exam point |
|---|---|---|
| Road | s.192(1) RTA: in England and Wales, any highway and any other road to which the public has access, including bridges over which a road passes | A private car park may or may not be a road. Access by the public is the test, so read the Manuals' treatment in 3.19.10 |
| Public place | Not defined in the Act (we found no definition in s.185 or s.192) | Wider than a road in effect. Learn which offences use 'road or other public place' and which use 'road' only |
| Motor vehicle | s.185(1) RTA: a mechanically propelled vehicle intended or adapted for use on roads | A smaller group than mechanically propelled vehicles. Ss.5, 5A, 6 and 143 are motor vehicle offences |
| Mechanically propelled vehicle | Not defined in s.185 or s.192 (the phrase is used in definitions of the vehicle classes). Its meaning comes from case law | Ss.1, 2, 3, 3A, 4 and 163 use this wider phrase. Learn the Manuals' chapter 3.19.4 |
| Driver and drive | s.192(1): where a separate person acts as a steersman of a motor vehicle, 'driver' includes that person as well as any other person engaged in the driving, and 'drive' is to be interpreted accordingly (except for s.1) | The Act gives no general test for what counts as driving. That comes from case law in 3.19.6 and 3.19.7 |
| Attempting to drive | An offence form in ss.4, 5 and 5A and in the preliminary test conditions | A separate Manuals heading (3.19.8). It also appears as a subject in the March 2026 breakdown |
| In charge | Not defined. A separate limb of ss.4, 5, 5A and of s.6 | Has its own statutory defence of no likelihood of driving. See the traps section |
| Cycle | s.192(1): bicycle, tricycle, or a cycle of four or more wheels, not being a motor vehicle | A cycle is not a motor vehicle. S.163 applies to riders as well as drivers |
Learn the definitions as a set, then test yourself by taking any offence and stating the vehicle type and place it needs. The next section does that for you.
Which place and which vehicle each section uses
This table is the single most useful thing to memorise from this page. It is built from the wording of each section as in force on 4 October 2026.
| Section | Vehicle | Place |
|---|---|---|
| ss.1, 2, 3 (death, dangerous, careless) | Mechanically propelled vehicle | Road or other public place |
| s.3A (death by careless driving, drink or drugs) | Mechanically propelled vehicle (limbs (b), (ba), (c), (d) do not apply to one that is not a motor vehicle, s.3A(3)) | Road or other public place |
| s.4 (unfit), driving or attempting | Mechanically propelled vehicle | Road or other public place |
| s.4 (unfit), in charge | Mechanically propelled vehicle | Road or other public place (the vehicle must be there) |
| s.5 (over the limit), driving, attempting or in charge | Motor vehicle | Road or other public place |
| s.5A (drug limit) | Motor vehicle | Road or other public place |
| s.6 preliminary tests | Motor vehicle | Road or other public place |
| s.143 (insurance) | Motor vehicle | Road or other public place |
| s.163 (duty to stop) | Mechanically propelled vehicle, or cycle (s.163(2)) | Road only |
| s.164 (licence), driver limb | Motor vehicle | Road only |
| s.165 (name, address, insurance) | Motor vehicle (not an invalid carriage) | Road for driver and offence limbs; road or other public place for the accident limb |
| s.170 (accident duties) | Mechanically propelled vehicle | Road or other public place |
Stopping powers and document powers
Sections 163 to 165A are the day-to-day powers. Each has a specific trigger, a specific holder and a specific defence.
| Section | Who may use it | Trigger | Offence, defence or limit |
|---|---|---|---|
| s.163 stop | Constable in uniform or traffic officer | No suspicion needed. Driver of a mechanically propelled vehicle or rider of a cycle, on a road | Failing to stop: level 5 for a mechanically propelled vehicle, level 3 for a cycle (RTOA Sch 2) |
| s.164 licence | Constable or vehicle examiner | Driver on a road; person reasonably believed to have been the driver at an accident on a road; person reasonably believed to have committed an offence in relation to use of a motor vehicle on a road; supervisor of a provisional licence holder | Level 3 for failing to produce. Defence: production in person within seven days at a station the driver specified, or as soon as reasonably practicable, or not reasonably practicable before proceedings |
| s.165 name, address, insurance | Constable or vehicle examiner | Driver, accident driver (road or other public place), or person believed to have committed an offence on a road | Level 3. Same seven day station defence for certificates (s.165(4)) |
| s.165A seizure | Constable in uniform | Reasonable grounds for believing no licence or no insurance, after a failure under ss.163, 164 or 165 | Warn first unless impracticable; enter premises other than a private dwelling house; reasonable force; within 24 hours if the driver failed to stop or drove off |
| s.170 accident duties | The driver | Accident on a road or other public place causing injury, or damage to another vehicle, an animal or property | Stop and give details if required; if details not given, report at a police station or to a constable as soon as reasonably practicable and within 24 hours |
| s.172 identity of driver | On behalf of a chief officer of police | Keeper must give driver information; others must give any information in their power that may lead to identification | Level 3 and 6 points (RTOA Sch 2); 28 days from service of a written notice |
Section 163: stopping
A person driving a mechanically propelled vehicle on a road, or riding a cycle on a road, must stop on being required to do so by a constable in uniform or a traffic officer. There is no need for suspicion. Failure is an offence under s.163(3). The only person who can found it is a uniformed constable or a traffic officer, which is why the plain-clothes scenarios appear so often.
Sections 164 and 165: licence and insurance
Section 164 lets a constable or vehicle examiner require a driver, an accident driver, a person believed to have committed an offence in relation to the use of a motor vehicle on a road, or the supervisor of a provisional licence holder, to produce a licence. Section 165 requires the driver or suspected offender to give name and address, the owner's name and address, and to produce insurance (or the prescribed alternative) and, where relevant, test and plating certificates. Electronic proof of insurance is covered in s.165(2A) to (2D). For both, the seven day station defence applies, with the driver choosing the station.
Section 165A: seizure
Three conditions trigger the seizure power for a uniformed constable: failure to produce a licence under s.164 with reasonable grounds to believe the vehicle is or was driven without a licence; failure to produce insurance evidence under s.165 with reasonable grounds to believe it is or was driven uninsured; or failure to stop under s.163 with reasonable grounds to believe either. The constable must warn before seizing unless that is impracticable (s.165A(6)). Entry to premises other than a private dwelling house is allowed, and 'private dwelling house' excludes a garage or other structure occupied with the house and land appurtenant to it (s.165A(9)(d)). If seizure is not possible immediately because the driver failed to stop or drove off, it can take place within 24 hours beginning with the time the condition was first satisfied.
Section 170: accident duties
The duty applies where a mechanically propelled vehicle's presence on a road or other public place causes an accident involving injury to someone other than the driver, or damage to another vehicle, an animal (horse, cattle, ass, mule, sheep, pig, goat or dog, s.170(8)) or property forming part of or adjacent to the land. The driver must stop and give details if required; if the details are not given, the accident must be reported at a police station or to a constable as soon as reasonably practicable and in any case within 24 hours.
Section 172: driver identity information, and the time limits
Section 172 applies to most offences under the Act (not Part V and a listed set of others), to ss.25 to 27 RTOA, to offences against other enactments relating to the use of vehicles on roads, and to manslaughter by the driver of a motor vehicle. Where the driver is alleged to have committed such an offence, the keeper must give the information about the driver's identity that is required by or on behalf of a chief officer of police, and any other person must give any information in their power that may lead to identification of the driver.
- Keeper defence. A keeper is not guilty if they show they did not know and could not with reasonable diligence have ascertained who the driver was (s.172(4)).
- Written notice. A requirement may be made by written notice served in accordance with Criminal Procedure Rules. It takes effect as a requirement to give the information within 28 days beginning with the day on which the notice is served.
- After 28 days. The person is not guilty if they show they gave the information as soon as reasonably practicable after the end of the period or that it was not reasonably practicable to give it.
- Companies. A body corporate has to show in addition that no record was kept of who drove and that failing to keep one was reasonable (s.172(6)).
- Penalty. Level 3, summary only, with endorsement (6 points) shown for the standard offence in Schedule 2 RTOA.
Time limits are where marks are lost, so keep this table with your revision notes.
| What | Limit | Source and note |
|---|---|---|
| Respond to a written s.172 notice | 28 days beginning with the day of service | s.172(7) RTA. Later is excused only if given as soon as reasonably practicable or not reasonably practicable at all |
| Notice of intended prosecution | 14 days from the offence | s.1 RTOA. Applies to s.2 and s.3 RTA among others. Not required where an accident occurs owing to the vehicle's presence on a road (s.2(1) RTOA) |
| Summary proceedings (general) | 6 months from the offence | s.127 MCA 1980 unless another enactment provides otherwise |
| Summary proceedings (listed road offences) | 6 months from the prosecutor knowing enough evidence, never more than 3 years from the offence | s.6 RTOA, for offences Schedule 1 shows as engaging it. We saw s.143 shown as engaging it |
| Licence or certificate production defence | 7 days, at a station specified by the driver | ss.164(8), 165(4) RTA |
| Insurance after an injury accident (s.170(5)) | Report and produce within 24 hours; the 7 day defence relates to a station specified when the accident was reported | s.170(6) and (7) RTA |
| Vehicle seizure after failing to stop | 24 hours from when the condition was first satisfied | s.165A(7) RTA |
| Causing death by careless driving, failure to provide a specimen | Required within 18 hours of the driving | s.3A(1)(c) RTA |
| Urine specimen | Within one hour of the requirement, and after a previous specimen | s.7(5) RTA |
Standards of driving: sections 1 to 3A and 3ZA
Sections 1 to 3 cover causing death by dangerous driving, causing serious injury by dangerous driving (s.1A), dangerous driving and careless and inconsiderate driving. They use a mechanically propelled vehicle on a road or other public place. The meanings of dangerous and careless driving sit in ss.2A and 3ZA.
- Dangerous (s.2A(1)). The way the person drives falls far below what would be expected of a competent and careful driver, and it would be obvious to a competent and careful driver that driving in that way would be dangerous.
- Careless (s.3ZA(2)). The way the person drives falls below what would be expected of a competent and careful driver. That is the whole test: no 'far below' and no 'obvious danger'.
- Inconsiderate (s.3ZA(4)). A person is regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by the driving.
- Police drivers (ss.2A(1A) to (1C), 3ZA(2A) to (2C)). A designated person driving for police purposes who has undertaken prescribed training is judged against a competent and careful constable who has undertaken the same prescribed training. Police drivers are not exempt from the offences.
- Section 3A. Causing death by careless or inconsiderate driving while unfit, over the alcohol or drug limit, or after failing without reasonable excuse to provide a specimen required under s.7 within 18 hours of the driving, or failing to give permission for a laboratory test of a s.7A blood sample.
- Section 22A. Intentionally and without lawful authority or reasonable cause causing anything to be on or over a road, or interfering with a motor vehicle, trailer, cycle or traffic equipment, where it would be obvious to a reasonable person that doing so would be dangerous.
| Offence | Maximum | Disqualification and endorsement |
|---|---|---|
| Causing death by dangerous driving (s.1) | On indictment: life imprisonment | Obligatory disqualification; 3 to 11 points (the endorsement range in Schedule 2) |
| Dangerous driving (s.2) | Either way. Up to 2 years on indictment | Obligatory disqualification |
| Careless, and inconsiderate, driving (s.3) | Summary only. Level 5 fine | Discretionary disqualification, obligatory endorsement 3 to 9 points |
| Causing death by careless driving when under the influence (s.3A) | On indictment: life imprisonment | Obligatory disqualification |
For causing death by driving while unlicensed or uninsured (s.3ZB) and while disqualified (s.3ZC), our verified question bank carries a question based on R v Hughes [2013] UKSC 56: s.3ZB needs something open to proper criticism in the driving that contributed more than minimally to the death. Learn the detail in chapter 3.21.8.
Drink and drug driving: sections 4 to 11
Treat this as a sequence: the offence, the preliminary test, arrest, the evidential specimen, then the hospital variations.
The offences
- Section 4. Driving or attempting to drive a mechanically propelled vehicle on a road or other public place while unfit through drink or drugs, or being in charge of one while unfit. A person is unfit if their ability to drive properly is for the time being impaired (s.4(5)). A constable may arrest without warrant on reasonable cause to suspect and may enter any place, using force if need be, to arrest (s.4(6), (7)).
- Section 5. Driving, attempting to drive, or being in charge of a motor vehicle on a road or other public place after consuming so much alcohol that the proportion in breath, blood or urine exceeds the prescribed limit.
- Section 5A. The same structure for a specified controlled drug above its specified limit. There is a medical defence in s.5A(3) (prescribed or supplied for medical or dental purposes and taken in accordance with directions, subject to s.5A(4)); once evidence raises the issue the court must assume the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not (s.5A(5)). The in-charge defence of no likelihood of driving is in s.5A(6) and must be proved.
- Prescribed limit (s.11(2)). 35 microgrammes per 100 ml of breath, 80 milligrammes per 100 ml of blood, 107 milligrammes per 100 ml of urine.
Preliminary tests (ss.6 to 6D)
A constable may require a person to co-operate with any one or more preliminary tests if any of s.6(2) to (5) applies. A preliminary breath test indicates whether alcohol is likely to exceed the limit (s.6A); a preliminary drug test uses a specimen of sweat or saliva, and up to three may be administered (s.6C). A person fails to co-operate unless their co-operation is sufficient to enable the test to be carried out and is provided so the objective can be achieved (s.11(3)).
| Subsection | Trigger | Uniform? |
|---|---|---|
| s.6(2) | Reasonable suspicion that the person is driving, attempting to drive or in charge of a motor vehicle on a road or other public place and has alcohol or a drug in the body or is under the influence of a drug | Uniform |
| s.6(3) | Reasonable suspicion of earlier driving, attempting or being in charge with alcohol or a drug in the body (or unfit because of a drug) and still has alcohol or a drug in the body | Uniform |
| s.6(4) | Reasonable suspicion the person is or has been driving, attempting or in charge and has committed a traffic offence while the vehicle was in motion | Uniform |
| s.6(5) | An accident occurs owing to the presence of a motor vehicle on a road or other public place and the constable reasonably believes the person was driving, attempting to drive or in charge at the time | No uniform restriction; no suspicion of alcohol needed |
Under s.6A(2), a preliminary breath test relying on s.6(2) to (4) may only be administered at or near the place where the requirement is imposed. Under s.6A(3), one relying on s.6(5) may also be administered at a police station specified by the constable if that is expedient. Failing to co-operate without reasonable excuse is an offence (s.6(6)), and arrest under s.6D(2) is available where the constable also reasonably suspects the person has alcohol or a drug in the body or is under the influence of a drug.
Arrest (s.6D)
A constable may arrest without warrant if, as a result of a preliminary breath or drug test, the constable reasonably suspects alcohol over the limit or a specified drug over its limit (s.6D(1)). A person arrested under s.6D may, instead of being taken to a police station, be detained at or near the place of the test with a view to imposing a s.7 requirement there (s.6D(2A), as it applies in England and Wales). Section 6D(3) bars arrest under that section of a person at hospital as a patient.
Evidential specimens (ss.7 and 8)
- What can be required. In the course of an investigation into s.3A, 4 or 5, two specimens of breath on an approved device, or one specimen of blood or urine. For s.5A, blood or urine only.
- Where breath can be required (s.7(2)). At a police station or a hospital, or in circumstances where s.6(5) applies, or by a constable in uniform.
- When blood or urine can be required at a police station (s.7(3)). Only for the listed reasons, such as medical reasons breath cannot be provided, no reliable device available, a device that has not produced a reliable indication, a preliminary drug test indicating a drug, or medical advice the condition may be due to a drug.
- Who decides blood or urine. The constable making the requirement decides (s.7(4)), subject to medical opinion under s.7(4A).
- Urine. To be provided within one hour of the requirement and after a previous specimen (s.7(5)).
- Warning. The constable must warn that failure to provide may render the person liable to prosecution (s.7(7)).
- Which breath reading counts. The lower of two specimens (s.8(1)). The 50 microgramme swap option is gone.
- Failing to provide. An offence under s.7(6). Arrest is possible where breath is not provided and the constable reasonably suspects alcohol in the body (s.7(5A)).
Our own practice question bank also covers the 'hip flask' rule in s.15 of the Road Traffic Offenders Act 1988. We did not open s.15 for this page, so learn it from the Manuals rather than from us.
| Offence | Maximum | Disqualification and points |
|---|---|---|
| Unfit, driving or attempting (s.4(1)) | 6 months or level 5 or both | Obligatory disqualification |
| Unfit, in charge (s.4(2)) | 3 months or level 4 or both | Discretionary disqualification, 10 points |
| Over the limit, driving or attempting (s.5(1)(a)) | 6 months or level 5 or both | Obligatory disqualification |
| Over the limit, in charge (s.5(1)(b)) | 3 months or level 4 or both | Discretionary disqualification, 10 points |
| Failing to co-operate with a preliminary test (s.6(6)) | Level 3 | Discretionary disqualification, 4 points |
| Insurance, using (s.143) | Level 5 | Discretionary disqualification, 6 to 8 points |
Hospital procedure
Hospital questions repeat the same few rules, so a single table is worth learning. The key words are 'patient', 'notified', 'objects', and 'not arrested under s.6D'.
| Situation | Rule |
|---|---|
| Preliminary test or s.7 specimen at hospital | The medical practitioner in immediate charge must be notified; the test or specimen must be at the hospital; the doctor may object only on the ground that it would be prejudicial to the proper care and treatment of the patient (s.9(1), (2)) |
| Arrest of a hospital patient | A person may not be arrested under s.6D while at a hospital as a patient (s.6D(3)) |
| Breath specimens at hospital | Allowed: s.7(2)(a) lets breath be required at a police station or a hospital |
| Blood or urine at hospital | Allowed: s.7(3) says a requirement for blood or urine can only be made at a police station or at a hospital |
| Person incapable of consenting | A constable may ask a medical or health care practitioner to take blood irrespective of consent (s.7A), but not one with clinical responsibility for the person, and normally a police medical or health care practitioner. The specimen cannot be tested until the person is told, is required to give permission and gives it (s.7A(4)); refusing without reasonable excuse is an offence (s.7A(6)) |
Insurance: section 143
Section 143(1) prohibits using a motor vehicle on a road or other public place without a compliant policy of insurance, and causing or permitting another person to use one uninsured. Using is an offence under s.143(2): level 5, with discretionary disqualification and 6 to 8 points shown in Schedule 2.
- The employee defence (s.143(3)). A person charged with using shall not be convicted if they prove all three: the vehicle did not belong to them and was not in their possession under a contract of hiring or loan; they were using it in the course of their employment; and they neither knew nor had reason to believe there was no insurance.
- Who carries the burden. The defendant, because the subsection says 'if he proves'.
- Cause or permit. The employer who lets insurance lapse may commit the s.143(2) offence by causing or permitting uninsured use contrary to s.143(1)(b). Chapter 3.19.12 (Use, Cause or Permit) is the place to learn the meanings.
- Powers. Section 165 lets officers require evidence of insurance, and s.165A allows seizure of an uninsured vehicle on the conditions above.
The traps, in one table
These are the places where we expect careful candidates to lose marks. The table is based on the statute wording, not on any claim about what the exam has contained.
| Trap | What is actually true | Where |
|---|---|---|
| 'Road' and 'public place' treated as the same | Some offences cover both, some cover road only (see the table above). Always check which words the section uses | ss.163, 164 against ss.4, 5, 143 |
| Mechanically propelled and motor vehicle used interchangeably | Dangerous and careless driving and s.4 use the wider phrase. s.5, 5A and 143 use motor vehicle | ss.1 to 4 against ss.5, 5A, 143 |
| In charge when the driver has gone home | The vehicle must be on a road or other public place when the person is in charge. Both s.4 and s.5 give a defence of no likelihood of driving, which the defendant must prove | ss.4(3), 5(2), 5A(6) |
| Plain clothes and the stop power | s.163 needs a uniformed constable or a traffic officer. A plain-clothes officer's signal cannot found the offence | s.163(1) |
| Preliminary test and the uniform rule | Uniform needed under s.6(2) to (4), not under s.6(5) after an accident. The suspicion-based powers need reasonable suspicion; s.6(5) needs reasonable belief about who was driving | s.6(7) |
| Hospital patients and arrest | No arrest under s.6D at hospital while a patient, but evidential specimens can be required there if the doctor does not object on the s.9(2) ground | ss.6D(3), 7, 9 |
| Breath readings: which one counts | The lower of the two. The old option to swap for blood or urine was repealed from 10 April 2015 | s.8(1) |
| Prescribed limits | 35, 80 and 107 in England and Wales. The Scottish figures in options are traps | s.11(2) |
| Time limits blurred together | 28 days (s.172 response), 14 days (notice of intended prosecution), 7 days (production defences), 24 hours (reporting an accident, seizure after failing to stop), 18 hours (s.3A), 1 hour (urine) | see the time limits table |
| Dangerous against careless | Dangerous is far below the standard and the danger would be obvious. Careless is simply below. The standard for an officer with prescribed police driver training is a competent and careful constable with the same training | ss.2A, 3ZA |
| Inconsiderate driving and a complaint | Other persons must have been inconvenienced by the driving. That is a condition, not the whole test, and s.3ZA(4) says nothing about a complaint or injury | s.3ZA(4) |
Worked practice questions
These are original practice questions from our verified bank, not real exam questions and not past or leaked papers. Each was checked against the revised legislation text on 4 October 2026. They are shown straight from the bank, so the text below is the current verified version. Try each one before looking at the green option.
A plain-clothes officer in an unmarked car signals a driver to pull over. The driver ignores the signal and carries on. Has the driver committed an offence of failing to stop under s.163 Road Traffic Act 1988?
Section 163 requires a person driving a mechanically propelled vehicle on a road, or riding a cycle on a road, to stop on being required to do so by a constable in uniform or a traffic officer. A plain-clothes officer cannot found a s.163 offence, even by showing a warrant card. No suspicion of an offence is needed, and the duty extends to cyclists.
Source: Road Traffic Act 1988 s.163
A driver stopped at the roadside cannot produce his driving licence or certificate of insurance. Which statement correctly describes his defence to failing to produce them?
Under s.164(8) (licence) and s.165(4) (insurance and test certificates) Road Traffic Act 1988 it is a defence to show production within seven days at a police station specified by the driver at the time production was required, or production there as soon as reasonably practicable, or that it was not reasonably practicable to produce before proceedings began. The driver, not the officer, nominates the station. For a licence, s.164(8) requires production in person.
Source: Road Traffic Act 1988 ss.164(8) and 165(4)
At 22:00 a driver fails to stop for a uniformed officer, who has reasonable grounds to believe the car is uninsured. At 16:00 the next day the officer finds the car parked on the driveway of the driver's house. Can the car be seized under s.165A Road Traffic Act 1988?
Where a constable cannot seize immediately because the driver failed to stop or drove off, s.165A(7) allows seizure at any time within 24 hours of the condition first being satisfied, so 18 hours later is in time. Section 165A(5)(b) allows entry to any premises other than a private dwelling house, and s.165A(9)(d) excludes garages, other structures occupied with the house and land appurtenant to it from that term. A driveway can therefore be entered, with reasonable force if necessary.
Source: Road Traffic Act 1988 s.165A(4), (5), (7) and (9)
A detective constable in plain clothes is first on scene at a damage-only collision between two cars on a road. She reasonably believes one man was driving one of the cars at the time. She has no suspicion that he has been drinking and no suspicion of a moving traffic offence. Can she require him to co-operate with a preliminary breath test?
Section 6(5) Road Traffic Act 1988 applies where an accident occurs owing to the presence of a motor vehicle on a road or other public place and a constable reasonably believes the person was driving, attempting to drive or in charge of it. No suspicion of alcohol or drugs is needed. Section 6(7) restricts preliminary tests to uniformed officers only where the power arises under s.6(2) to (4), so the accident power is available to a plain-clothes officer. Injury is relevant to the s.6E power of entry, not to the s.6(5) requirement itself.
Source: Road Traffic Act 1988 s.6(5) and (7)
A driver injured in a collision is a patient in hospital. The officer notifies the doctor in immediate charge, who does not object, and the driver fails a preliminary breath test at the bedside. What should the officer do next?
Section 6D(3) Road Traffic Act 1988 provides that a person may not be arrested under s.6D while at a hospital as a patient. Evidential specimens can still be required at a hospital under s.7 (breath under s.7(2)(a), blood or urine under s.7(3)), provided the doctor in immediate charge has been notified and does not object on the ground in s.9(2). Arresting at the bedside is the common error.
Source: Road Traffic Act 1988 ss.6D(3), 7 and 9
At the police station a driver provides two evidential breath specimens, reading 48 and 46 microgrammes of alcohol in 100 ml of breath. He asks to replace them with a blood specimen because the readings are close to the limit. How should the custody sergeant advise the investigating officer?
Section 8(1) Road Traffic Act 1988 provides that of two breath specimens, the one with the lower proportion of alcohol is used and the other disregarded. The former statutory option to replace breath with blood or urine where the lower reading was no more than 50 microgrammes was abolished when s.8(2) was repealed by the Deregulation Act 2015 with effect from 10 April 2015. The first option describes that old rule.
Source: Road Traffic Act 1988 s.8(1); Deregulation Act 2015
For more practice, our free mini mock gives you 20 timed mixed questions. The road policing set in our toolkit (we sell the toolkit, so apply your own judgement) is described on the exam prep toolkit page. Whichever you use, check answers against the Manuals.
Where it sits in Blackstone's: the chapter map
The chapter list below is from Appendix A of the College's 2026 candidate handbook (September 2025), which lists Blackstone's Police Manuals 2026, Volume 3, General Police Duties. These are 2026 edition numbers. We could not open the 2027 handbook's Appendix A, so the 2027 edition numbering is not verified. Check the contents page of the edition for your sitting before relying on any number. Our edition guide explains which edition each sitting examines.
| Chapter | Sub-headings listed | What it covers on this page |
|---|---|---|
| 3.19 Road Policing Definitions and Principles | 3.19.2 Key Definitions; 3.19.3 Vehicle; 3.19.4 Mechanically Propelled Vehicle; 3.19.5 Motor Vehicle; 3.19.6 Driver; 3.19.7 Drive and Driving; 3.19.8 Attempting to Drive; 3.19.9 In Charge; 3.19.10 Road; 3.19.11 Public Place; 3.19.12 Use, Cause or Permit; 3.19.13 Defences in Relation to Road Policing Offences | The definitions and the in charge, road and public place traps |
| 3.20 Key Police Powers Relating to Road Policing | 3.20.2 Power to Stop a Vehicle; 3.20.3 Road Checks; 3.20.4 Production of a Driving Licence; 3.20.5 Name and Address, Insurance, Test Certificate; 3.20.6 Seize Vehicles Driven Without a Licence or Insurance; 3.20.7 Duty to Give Information as to the Identity of the Driver | ss.163, 164, 165, 165A and 172, and the time limits |
| 3.21 Offences Involving Standards of Driving | 3.21.2 Causing Death by Dangerous Driving; 3.21.3 Causing Serious Injury by Dangerous Driving; 3.21.4 Dangerous Driving; 3.21.5 Causing Death by Careless Driving When Under the Influence of Drink or Drugs; 3.21.6 Causing Death by Careless, or Inconsiderate, Driving; 3.21.7 Causing Serious Injury by Careless, or Inconsiderate, Driving; 3.21.8 Causing Death by Driving: Unlicensed, Disqualified or Uninsured Drivers; 3.21.9 Careless and Inconsiderate Driving; 3.21.10 The Highway Code | ss.1 to 3A, 3ZA, 3ZB, 3ZC; the dangerous against careless tests |
| 3.22 Drink, Drugs and Driving | 3.22.2 Unfit through Drink or Drugs; 3.22.3 Over Prescribed Limit; 3.22.4 Preliminary Tests; 3.22.5 Evidential Specimens; 3.22.6 Hospital Procedure; 3.22.7 Detention of Person Affected | ss.4 to 11; preliminary tests, specimens and hospital procedure |
In the College's March 2026 sergeants' subject breakdown we counted the rows under the skills 'Road policing definitions and principles' (2), 'Key police powers relating to road policing' (2), 'Offences involving standards of driving' (2) and 'Drink, drugs and driving' (3): 9 scored questions out of 140, or 49 General police duties. That is a count of one sitting. The College warns that the breakdown is only valid for March 2026 and should not be used to work out what will be tested later, so we do not treat 9 as a weighting.
Scenarios to test yourself
These are illustrative, not real incidents. Decide the answer before reading the explanation.
Road policing revision checklist
- I can state s.192's definition of a road and say the Act has no definition of public place.
- I know which offences say 'road or other public place' and which say 'road' only (ss.163 and 164 are road only).
- I can separate mechanically propelled vehicle (ss.1 to 4, 163) from motor vehicle (ss.5, 5A, 6, 143).
- I know a plain-clothes officer cannot use s.163, but can use s.6(5) after an accident.
- I can list the four s.6 preliminary test triggers and say which need uniform.
- I know up to three preliminary drug tests are allowed and they use sweat or saliva.
- I know the limits are 35, 80 and 107 and that the lower breath reading counts.
- I know hospital rules: notify the doctor, objection only on s.9(2) ground, no s.6D arrest of a patient.
- I can give the seven day station defence for licence (in person) and insurance, and who chooses the station.
- I have a one-page list of time limits: 28 days, 14 days, 7 days, 24 hours, 18 hours, 1 hour.
- I can explain dangerous against careless and the police driver standard.
- I have done mixed timed questions on this topic and checked every answer against the Manuals.
Next, put this into a mixed timed set with the other General police duties topics, starting with PACE searches and arrest and public order offences. Disclosure is on the CPIA topic page, and the theft topic page covers the vehicle-related theft offences that sit beside road policing in Crime.
What we could not verify
- Section 172 prosecution time limit. We did not find s.172 listed in Schedule 1 to the Road Traffic Offenders Act 1988 as engaging s.6 (six months from knowledge). The general six month limit in s.127 Magistrates' Courts Act 1980 would then apply, but we have not confirmed how courts apply it to a failure under s.172(7) and do not state a prosecution deadline for s.172 as fact. Check the Manuals' chapter 3.20.7.
- Blackstone's 2027 chapter numbers. The chapter numbers on this page are from the 2026 handbook's Appendix A (September 2025), which lists Blackstone's 2026 edition. We could not open the 2027 handbook's Appendix A, so the 2027 numbering is not verified. Check the contents page of your edition before relying on any number.
- Case law on 'driving', 'in charge', 'road' and 'mechanically propelled'. These meanings come from case law summarised in the Manuals. We have not cited or checked individual cases, apart from the Supreme Court decision in R v Hughes [2013] UKSC 56 used in our question bank. Learn the cases from your edition.
- Section 165B regulations. Section 165A(8) makes the seizure powers exercisable only when regulations under s.165B are in force. The Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 (SI 2005/1606) were made under s.165B and are shown on legislation.gov.uk as amended in 2023. We did not check their detailed content on retention, charges or disposal.
- Penalty detail beyond the columns we read. We read maximum penalties and the disqualification and points columns in Schedule 2 of the Road Traffic Offenders Act 1988. We did not check minimum disqualification periods, totting up, sentencing guidelines or Highway Code content.
- Penalty fine levels in cash. We give standard scale levels, not pound amounts. Check the current figures if a question asks for them.
- Weighting. The count of 9 scored questions under the four road policing skills is for the March 2026 sergeants' sitting only. We have not counted other sittings and cannot say how much of a future paper will be road policing.
- Police Reform Act 2002 s.59 and later amendments. Our question bank carries a question on s.59 changes made by the Crime and Policing Act 2026. This page does not cover s.59 and we did not re-verify that amendment here. On 5 October 2026 legislation.gov.uk also listed, as not yet applied to its revised text, new cycling offences inserted into the Road Traffic Act 1988 by s.141 of the Crime and Policing Act 2026 (ss.27A, 27B, 28A to 28C and 29A). This page does not cover them and we have not checked when they come into force.
Frequently Asked Questions
Is road policing law a big part of the sergeants exam?
It sits inside the General police duties volume. In the College's March 2026 sergeants' subject breakdown we counted 9 of the 140 scored questions under the four road policing skills, which is a count of that one sitting only. The College says the breakdown is only valid for March 2026 and should not be used to work out what will be tested later. The exam tests only the law as it appears in the Manuals edition for the sitting, so learn the whole topic rather than guessing a weighting.
What is the difference between a road and a public place?
In England and Wales a road is any highway and any other road to which the public has access, including bridges over which a road passes (s.192(1) Road Traffic Act 1988). A public place is a wider idea and the Act does not define it. Many drink and drug driving, driving standards and insurance offences cover both. Some powers, notably the s.163 duty to stop and the s.164 licence power, are tied to a road only, so always check the section.
Can a plain-clothes officer require a driver to stop?
Not under s.163 Road Traffic Act 1988. The duty to stop arises only when required by a constable in uniform or a traffic officer, so a driver who ignores a plain-clothes officer's signal commits no s.163 offence. Plain-clothes officers can still use some powers that are not tied to uniform, such as the post-accident preliminary test power in s.6(5).
When must a preliminary breath test be administered by an officer in uniform?
Section 6(7) restricts preliminary tests to a constable in uniform where the requirement arises under s.6(2) (suspicion of alcohol or drugs while driving), s.6(3) (suspicion of earlier driving with alcohol or drugs) or s.6(4) (moving traffic offence). The post-accident power in s.6(5) has no uniform restriction. Note that the uniform restriction is about who administers a preliminary test, not about s.7 evidential specimens, which have their own rules in s.7(2).
Do you need to suspect alcohol to require a preliminary test after a collision?
No. Under s.6(5) a constable can require a preliminary test where an accident has occurred owing to the presence of a motor vehicle on a road or other public place and the constable reasonably believes the person was driving, attempting to drive or in charge of the vehicle at the time. No suspicion of alcohol or drugs is needed. If the constable reasonably suspects the accident involved injury, s.6E also allows entry to any place, using reasonable force if necessary, to impose that requirement or to arrest under s.6D.
What are the drink drive limits in England and Wales?
Section 11(2) sets the prescribed limit at 35 microgrammes of alcohol in 100 millilitres of breath, 80 milligrammes in 100 millilitres of blood or 107 milligrammes in 100 millilitres of urine. We checked the revised text on legislation.gov.uk on 4 October 2026 and those are the figures in force. The lower Scottish limits do not apply in England and Wales, and exam options often use them as distractors.
How many breath specimens are taken and which one counts?
Two specimens of breath are required for analysis on an approved device. Under s.8(1) the one with the lower proportion of alcohol is used and the other is disregarded. The old right to swap a breath reading for blood or urine, where the lower reading was no more than 50 microgrammes, was removed when s.8(2) was repealed by the Deregulation Act 2015 with effect from 10 April 2015.
What is the time limit to respond to a section 172 notice?
A written s.172 notice has effect as a requirement to give the information within 28 days beginning with the day on which the notice is served (s.172(7)(a)). A person is not guilty if they show they gave it as soon as reasonably practicable after the 28 days or that it has not been reasonably practicable to give it (s.172(7)(b)). Do not confuse this with the 14 day notice of intended prosecution under s.1 Road Traffic Offenders Act 1988, which is a different rule for different offences.
What is the 14 day notice of intended prosecution rule?
Under s.1 Road Traffic Offenders Act 1988, for offences listed in its Schedule 1 as engaging s.1, a person cannot be convicted unless they were warned at the time, or a summons was served within 14 days, or a notice of intended prosecution was served within 14 days on them or the registered keeper. Schedule 1 shows s.2 (dangerous driving) and s.3 (careless and inconsiderate driving) as engaging s.1. Section 2 of that Act disapplies the requirement where an accident occurs owing to the presence of the vehicle on a road at the time or immediately after the offence.
How long does an insurance or licence defence last after a roadside request?
For a licence (s.164(8)) and for insurance and test certificates (s.165(4)), it is a defence to show production within seven days at a police station specified by the driver at the time production was required, or production there as soon as reasonably practicable, or that it was not reasonably practicable before proceedings began. The driver, not the officer, chooses the station. For a licence the production must be in person.
When can a vehicle be seized under section 165A?
Where a uniformed constable has reasonable grounds to believe the vehicle is or was being driven without a licence or without insurance and one of three conditions is met: the driver failed to produce a licence under s.164, failed to produce insurance evidence under s.165, or failed to stop under s.163. The constable must warn first unless that is impracticable, may enter premises other than a private dwelling house, and can use reasonable force. If the driver failed to stop or drove off, seizure is possible within 24 hours. Under s.165A(8) the powers are exercisable only while regulations under s.165B are in force; the Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 (SI 2005/1606) were made under s.165B and came into force on 6 July 2005.
What does 'in charge' mean for the exam?
The Act does not define it. Being in charge of a vehicle is a separate limb of ss.4, 5 and 5A and of the preliminary test powers, and under ss.4 and 5 it carries a lower maximum than driving (3 months against 6 months, per Schedule 2 of the Road Traffic Offenders Act 1988; Schedule 2 states the s.5A maximums differently, so check those in your Manuals). The statutory defence for s.4(2), s.5(1)(b) and s.5A in-charge cases is that there was no likelihood of the person driving while still unfit or over the limit, and the person must prove it. Learn the Manuals' chapter 3.19.9 for how the courts have applied it.
Is there a free way to practise road policing questions?
Our free mini mock at /officers/promotion/free-sergeant-exam-mock/ gives 20 timed mixed questions. Our toolkit (we sell it, so weigh that) has a verified bank that includes a road policing set. The College also offers free practice questions through its Knowledge Hub group, which needs a login. Whatever you use, check each answer against the Manuals, because those are the syllabus.
Sources and how we checked them
Every factual claim on this page was written from the sources below, read on 4 October 2026. Rules and figures change, so check the source for the date you are reading this. Where we could not confirm something from an official or independent source, the page says so rather than guessing. Spotted something out of date? See our corrections policy.
- Road Traffic Act 1988 sections 1, 2A, 3, 3A, 3ZA, 4, 5, 5A (legislation.gov.uk, revised, opened 4 October 2026) — offence wording, mechanically propelled vehicle against motor vehicle, road or other public place, s.2A and s.3ZA tests including the police driver provisions, s.3A(1)(c) 18 hours, s.4(3) and s.5(2) in-charge defences, s.5A(3) to (6) drug driving defences (accessed 4 October 2026)
- Road Traffic Act 1988 sections 6, 6A, 6C, 6D, 6E (legislation.gov.uk, revised) — preliminary test requirements, the uniform rule in s.6(7), the s.6A place rules, up to three drug tests under s.6C, arrest under s.6D including s.6D(3) hospital patients, entry under s.6E (accessed 4 October 2026)
- Road Traffic Act 1988 sections 7, 7A, 8, 9, 11 (legislation.gov.uk, revised) — evidential specimens and where they can be required, one hour for urine, blood from a person incapable of consenting, lower of two breath specimens, hospital protection, prescribed limits in s.11(2) (accessed 4 October 2026)
- Road Traffic Act 1988 sections 163, 164, 165, 165A, 170, 172 (legislation.gov.uk, revised) — duty to stop, production of licence and insurance, the seven day station defences, vehicle seizure conditions and the 24 hour rule, accident reporting within 24 hours, driver identity information and the 28 day period in s.172(7) (accessed 4 October 2026)
- Road Traffic Act 1988 sections 143, 185 and 192 (legislation.gov.uk, revised) — insurance offence and employee defence, motor vehicle definition, road, driver and cycle definitions (accessed 4 October 2026)
- Road Traffic Offenders Act 1988 sections 1, 2, 6 and Schedules 1 and 2 (legislation.gov.uk, revised) — the 14 day notice of intended prosecution and its exceptions, the six month rule from knowledge, which offences engage which sections, maximum penalties and endorsement or disqualification columns (accessed 4 October 2026)
- Magistrates' Courts Act 1980 section 127 (legislation.gov.uk, revised) — the general six month limit for summary proceedings unless another enactment provides otherwise (accessed 4 October 2026)
- College of Policing: NPPF step two legal examinations candidate handbook 2026 (PDF, September 2025), Appendix A — the list of Blackstone's 2026 General Police Duties chapters 3.19 to 3.22 and their sub-headings. The 2027 handbook's Appendix A could not be opened, so the 2027 numbering is not verified (accessed 4 October 2026)
- College of Policing: sergeants' step-two legal examination, subject area breakdown, March 2026 (PDF) — one row per scored question; we counted the rows under the four road policing skills. The College warns the breakdown is only valid for March 2026 (accessed 4 October 2026)
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PolicePay.co.uk is an independent guide. It is not affiliated with, endorsed by or produced by the College of Policing or Oxford University Press (Blackstone's). Exam rules, dates, syllabus editions and prices change, so check the College of Policing's current candidate handbook and exam pages before you register or buy. Practice material on this site is original and is not real exam content. Details apply to England and Wales unless stated. Details are as checked on 4 October 2026.