Who can stop you???

[r55mur]

When not in a vehicle, apart from a uniformed police officer, who else can legally stop a moving car??

I ask this as I saw a 'vehicle safety check' underway with signs indicating the check area, 2 guys with yellow jackets (no uniforms)checking over tyres, lights etc but no marked cars of any description in sight. The guy picking the vehicles to check was a uniformed traffic warden who was stepping out in front of moving vehicles and indicating that they draw in to the side...

Would you be legally obliged to stop??

>>> Edited by r55mur on Sunday 5th October 10:59

[Derek Smith]

A police officer in plain clothes who is, for the time being, engaged in the regulation of traffic, may cause a vehicle to stop. It's not just those in uniform.

And traffic wardens so authorised may direct traffic whilst in uniform.

If you ignore the directions of any person and an accident results this can be given in evidence for a charge of dangerous/careless etc.

It's a great shame that police nowadays don't have the fun of traffic points. The sense of power is a tremendous buzz and you get to admire bus and lorry drivers for their good sense. And hate cabbies.

Derek

[jeffreyarcher]

Derek Smith said:

A police officer in plain clothes who is, for the time being, engaged in the regulation of traffic, may cause a vehicle to stop. It's not just those in uniform.

But how do you know he's a police officer?

Derek Smith said:

And traffic wardens so authorised may direct traffic whilst in uniform.

"Traffic" is a collective noun, are you sure that they have the power to stop an individual vehicle, for another purpose, e.g. vehicle condition checks as in the OP's post?

[streaky]

Derek Smith said:

And traffic wardens so authorised may direct traffic whilst in uniform.

What consitutes, "direct traffic'? I would not consider the commonly accepted meaning of "direct traffic" to mean to cause it to stop other than for the purposes of allowing other traffic or pedestrian(s) to proceed. Such would not seem to be the case in the example given.

[Rushjob]

Section 35 Road Traffic Act 1988 35.—(1) Where a constable 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 is guilty of an offence.

The regulation of traffic ( not direction ) takes placewhen the Police impose control over a section of road not normally in place, such as at the scene of a crash, where traffic lights have failed, or where a stretch of road is temporarily closed.In other words, drivers are being required to do something specific by a constable on that stretch of road.

These powers are supported also by Section 37 of the Act to control those dangerous pedestrians too...
37. Where a constable in uniform is for the time being engaged in the regulation of vehicular traffic in a road, a person on foot who proceeds across or along the carriageway in contravention of a direction to stop given by the constable in the execution of his duty, either to persons on foot or to persons on foot and other traffic, is guilty of an offence.

By virtue of the Functions of Traffic Wardens Order 1970 and section 96 of the Road Traffic Regulation Act 1984 both sections above also apply to directions given by Traffic Wardens - ( not Council employed parking wardens/attendants! )

Directing drivers intoacensus area for traffic surveys is also covered in Section 35(2) but this does not include road checks for construction & use compliance. If what you saw was a census - you should stop if so directed...if it wasa DOT wheeltappers check, not.
BUT! How would you know precisely what was going on until you stopped?????



Does this help?


>> Edited by Rushjob on Sunday 5th October 16:07

[streaky]

Rushjob, excellent reply. In regards to your question, you do stop and then enquire of the Traffic Warden why they have stopped you. If they inform you that it's for the purposes of a traffic census, you comply with their further directions (note that you are under no obligation to answer the census-takers' questions). If however, the Traffic Warden informs you that it is for the purposes of a Construction and Use Inspection, you inform them that they do not have the authority under the Road Traffic and related Acts to stop you for such a purpose. You take their collar number and reporting location, and make a contemporaneous note of the circumstances and invite the Traffic Warden to sign it. If they refuse to sign it, make a note to this effect also.

>> Edited by streaky on Monday 6th October 17:53

>> Edited by streaky on Monday 6th October 17:54

[r55mur]

mmmmmmmmm, so I should have stopped then!
No doubt when he went on his radio to complain he was advised that he did not actually have authority to stop vehicles for such a purpose...

Thanks for the info....

[mel]

So what about lollipop ladies (or rather persons ) and workman (sorry persons again) working stop/go boards ?????????

[r55mur]

mel said:

So what about lollipop ladies (or rather persons ) and workman (sorry persons again) working stop/go boards ?????????

I never thought about them, but in those cases it would be the signs that they hold/ operate that you should obey.

[kevinday]

mel said:

So what about lollipop ladies (or rather persons ) and workman (sorry persons again) working stop/go boards ?????????

Are the lollipop people on a crossing? If so, you are stopping for the crossing, not the lollipop. They are there just to ensure the traffic does stop for the children. BTW I have never seen lollipop people anywhere else.

[r55mur]

www.highwaycode.gov.uk/signs04.shtml

Lollipop sign on here under 'signs giving orders'.
I have seen Lollipop persons at designated points where there are no actual crossing points.

[kevinday]

You can tell its been a few years since I drove in the UK at school crossing times.