Driving licence query

Trebor16

Rover_Driver wrote: »

The police do not give the driver 7 days in which to produce their licence, s164 8 (a) RTA does.

Isn't that the same as what I said here?

Originally Posted by Trebor16
When a driver is stopped and asked to produce their driving licence, a document they are not legally obliged to carry with them, the law allows for the police to give them 7 days in which to produce their licence. This is clear in s.164(8)(a). Once they have complied with this "statutory defence" then there is no offence. If they fail to comply with the requirement to produce within the 7 day period then they commit the offence of failing to produce their licence..

Rover_Driver

The result is the same but the power to do so is not from the Police, it is from the RTA 1988.

If you look at the difference between s.164 (7) and s.164 (8), if a driver has previously surrendered their licence in accordance with s.56 Road Traffic Offenders Act 1988 (accepted a Fixed Penalty), if they produce the receipt for their licence - because they are not in possession of their licence and cannot produce it - at the time or within 7 days of being required to, s.7 states that s.6 does not apply and so there is no offence.

Compare that with the wording of s.8, where the driver could have their licence with them (but are not required to), s.8 gives a defence that can be used against proceedings if the licence is produced within 7 days and nothing else. So s.6 and the offence still apply.

Trebor16

Rover_Driver wrote: »

The result is the same but the power to do so is not from the Police, it is from the RTA 1988.

Which is exactly what I said when I posted this:-

the law allows for the police to give them 7 days in which to produce their licence