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Fail to comply with police constable directing traffic

Justice, police powers and breaches — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Justice, police powers and breaches

Fail to comply with police constable directing traffic

Road Traffic Act 1988, s.35

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Summary only
Maximum penalty
Level 3 fine

Actus reus

  • Where a constable or traffic officer is engaged in the regulation of traffic in a road, a person driving or propelling a vehicle who neglects or refuses to stop the vehicle, or to make it proceed in or keep to a particular line of traffic, when directed to do so by that officer, is guilty of an offence (RTA 1988, s.35(1)).

Mens rea

  • Neglect or refusal to comply with the direction. The officer must be engaged in regulating traffic.

Defences

No direction was given / officer not then regulating traffic · Did comply · Not driving or propelling a vehicle

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band A fine Must endorse and impose 3 points Starting point: Band A fine Fines Starting point Range.

View definitive guideline ↗

At the police station

This is not s.163 (stop when required) and not s.36 (traffic sign). Ask what signal was given and on which road.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.