Road Traffic Act 1988

35 Drivers to comply with traffic directions. E+W+S

(1) Where a constable [F1 or traffic officer] is for the time being engaged in the regulation of traffic in a road, a person driving or propelling a vehicle who neglects or refuses—

(a) to stop the vehicle, or

(b) to make it proceed in, or keep to, a particular line of traffic,

when directed to do so by the constable in the execution of his duty [F2 or the traffic officer (as the case may be)] is guilty of an offence.

(2) Where—

(a) a traffic survey of any description is being carried out on or in the vicinity of a road, and

(b) a constable [F3 or traffic officer] gives to a person driving or propelling a vehicle a direction—

(i) to stop the vehicle,

(ii) to make it proceed in, or keep to, a particular line of traffic, or

(iii) to proceed to a particular point on or near the road on which the vehicle is being driven or propelled,

being a direction given for the purposes of the survey (but not a direction requiring any person to provide any information for the purposes of a traffic survey),

the person is guilty of an offence if he neglects or refuses to comply with the direction.

(3) The power to give such a direction as is referred to in subsection (2) above for the purposes of a traffic survey shall be so exercised as not to cause any unreasonable delay to a person who indicates that he is unwilling to provide any information for the purposes of the survey.

Annotations:

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Amendments (Textual)

F1 Words in s. 35(1) inserted (E.W.) (4.10.2004 for E. and 1.5.2009 for W.) by Traffic Management Act 2004 (c. 18), ss. 6(2)(a)(i), 99 (with s. 38); S.I. 2004/2380, art. 2(a); S.I. 2009/1095, art. 2

F2 Words in s. 35(1) inserted (E.W.) (4.10.2004 for E. and 1.5.2009 for W.) by Traffic Management Act 2004 (c. 18), ss. 6(2)(a)(ii), 99 (with s. 38); S.I. 2004/2380, art. 2(a); S.I. 2009/1095, art. 2

F3 Words in s. 35(2)(b) inserted (E.W.) (4.10.2004 for E. and 1.5.2009 for W.) by Traffic Management Act 2004 (c. 18), ss. 6(2)(b), 99 (with s. 38); S.I. 2004/2380, art. 2(a); S.I. 2009/1095, art. 2

Modifications etc. (not altering text)

C1 S. 35 modified (12.2.2002) by 2002 c. 30, s. 38, Sch. 4 Pt. 1 para. 12(2); S.I. 2002/2750, art. 2(a)(ii)(d)

S. 35 modified (12.2.2002) by 2002 c. 30, s. 41, Sch. 5 para. 9(2); S.I. 2002/2750, art. 2(a)(iii)

S. 35 modified by Police Reform Act 2002 (c. 30), Sch. 4 para. 11B(4) (as inserted (E.W.) (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122(7), 178, Sch. 8 para. 10; S.I. 2005/1521, art. 3(1) (subject to art. 3(4)(5)))

S. 35 modified by Police Reform Act 2002 (c. 30), Sch. 5 para. 8B(4) (as inserted (E.W.) (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122(7), 178, Sch. 8 para. 20; S.I. 2005/1521, art. 3(1) (subject to art. 3(4)(5)))

C2 S. 35(1): power to extend conferred by Road Traffic Regulation Act 1984 (c.27, SIF 107:1), s. 96(2)(c)(i) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(6)(a))

S. 35(1) extended (S.) (21.3.1999) by S.I. 1999/854, art. 3(2)(b)