PART 1Protection of the police etc

Police driving standards

I1I25Meaning of dangerous driving: constables etc

1

Section 2A of the Road Traffic Act 1988 (meaning of dangerous driving) is amended in accordance with subsections (2) to (4).

2

In subsection (1), after paragraph (b) insert “But this subsection does not apply where subsection (1B) applies.”

3

After subsection (1) insert—

1A

Subsection (1B) applies where a designated person—

a

is driving for police purposes (subject to subsections (1E) and (1F)), and

b

has undertaken prescribed training.

1B

For the purposes of sections 1, 1A and 2 above, the designated person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)—

a

the way the person drives falls far below what would be expected of a competent and careful constable who has undertaken the same prescribed training, and

b

it would be obvious to such a competent and careful constable that driving in that way would be dangerous.

1C

In subsections (1A) and (1B) “designated person” means—

a

a constable,

b

a member of staff appointed by the chief officer of police of a police force in England and Wales,

c

a member of staff appointed by a local policing body and employed to assist a police force in England and Wales,

d

a member of staff appointed by the Scottish Police Authority under section 26(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8),

e

an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003,

f

a person employed or engaged by—

i

a chief officer of police,

ii

the British Transport Police Authority,

iii

the Civil Nuclear Police Authority,

iv

the chief constable for the Ministry of Defence Police, or

v

the Scottish Police Authority,

to train a person within any of paragraphs (a) to (e) to drive for police purposes,

g

a person employed or engaged by a person within paragraph (f)(i) to (v) to train another person to carry out training of the kind mentioned in that paragraph,

h

a National Crime Agency officer, or

i

a person engaged by the National Crime Agency—

i

to train a National Crime Agency officer to drive for law enforcement purposes, or

ii

to train another person to carry out training of the kind mentioned in sub-paragraph (i).

1D

In subsection (1C)(a) “constable” does not include a port constable within the meaning of section 7 of the Marine Navigation Act 2013 or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964.

1E

In the case of a National Crime Agency officer, the reference in subsection (1A)(a) to driving for police purposes is to be read as a reference to driving for law enforcement purposes.

1F

In the case of a person within paragraph (i) of subsection (1C), the reference in subsection (1A)(a) to driving for police purposes is to be read as a reference to driving for the purpose of the training mentioned in that paragraph.

4

In subsection (3)—

a

after “(1)” insert “, (1B)”, and

b

after “driver” insert “or constable (as the case may be)”.

5

The amendments made by this section have effect only in relation to driving occurring after this section comes into force.