Branch secretary reminds officers to stay up-to-date with new driving legislation

15 November 2023

West Mercia Police Federation says it fully backs a move by the Force informing officers how to remain compliant with new legislation on police driver training.

Andy Bennett, West Mercia Police’s driver training team leader, has sent an update for officers reminding them of the need to be authorised, trained and in date with their driving skills.

Branch secretary Pete Nightingale said: “Our driver training recently put out a communication reminding officers that they should be fully in date with their training.

“We fully support this stance to ensure that officers have sufficient legal protections.

“We’d encourage members to make sure they’ve read the communication as soon as possible and are fully informed of the legislation and regulations.”

Mr Bennett’s communication said: “All officers must be authorised, trained and in-date with their driving skills to use their police exemptions.”

He said it was a requirement of the Road Traffic Act 1988 (Police Driving Prescribed Training) regulations 2022 that all police drivers are trained in the skill they’re using to allow them to claim the defence of being judged as a similarly trained peer, rather than the old ‘careful and competent driver’.

“This means that if you do things that you are not trained to do, you will be breaking the law, and also misconduct rules,” he said.

“If you have any questions or concerns please call me at the driving school. Do not fall foul of this new legislation please.”

It comes as Tim Rogers, the pursuits and driver training lead for the Police Federation of England and Wales (PFEW) has written to all Chief Constables reminding them of their obligations under the Police, Crime, Sentencing and Courts Act 2022.

“Having successfully campaigned for the new legislation to ensure police drivers have better protection in law, I am focusing on the local delivery aspects now with a keen eye on the appropriateness of local governance with regard to the assessment of police driving against the new standard,” Tim explained.

“We are seeing some well-intended policies introduced in isolation across the country. While the intention is mainly good, the application will mean forces stepping away from the statutory instrument, the very legislation that protects their officers. This will lead to them being unable to avail themselves of the new protective legislation.

“We have become aware of a number of forces where police driver training has now deviated from the nationally agreed standards and course lengths. Even in situations where the force is seen to exceed the statutory course lengths, this could be considered a deviation. As such, the course will not be considered as prescribed training and will place the officer in a vulnerable position.

“There are no special cases, no matters of leaders in a force saying they have special roads and need to deviate from the standards. If you’ve got a request on the basis of operational efficiency it must go through the NPCC for a structured change. It then becomes law. If the training is not prescribed then the new test will not apply.

“I wrote to chief officers to ensure they are fully aware that they can only deliver accredited training to officers. There is no wriggle room here at all. If professionals do see a need to change the elements of training in order to keep pace with criminal trends then it must only be done through the NPCC-approved national channels.”

Tim continued: “The new legislation means an officer’s driving is now judged by the standard of their peers, in line with their skills and training. But, and it is a critical point to note, officers have to be licensed and up to date with their training and that training has to be delivered by fully accredited trainers delivering only prescribed training.

“For the legislation to achieve its policy objectives, forces must play their part in making sure their driver training delivery is fully compliant and delivers the licensed training. Only the unified position we worked hard to implement is to the benefit of all; the true success will only be achieved if all forces fulfil their legal obligations by sticking with the statutory instrument and complying with the regs.”

After receiving the letter from Tim, a number of forces contacted him to discuss their obligations and those which were not compliant are now working with the NPCC in order to fulfil their legal obligations and maintain an ability to use driving tactics to assist in keeping the public safe.

The legal guidance issued by the Director of Public Prosecutions (DPP) had to be updated to reflect the changes that came into effect on 30 November 2022, with the new legal test for police drivers.

Since the new law came into effect, a Subject Matter Experts (SME) group has been established to give evidence to decision-makers based on the new legislated driving standard.

This group is referenced in the DPP’s guidance and is the legitimate point of reference for the new standard. It is the only resource with the ability to accurately assess the prescribed standards.

For local driving matters requiring assessment against the new standard, the NPCC should be mandating a model for all forces to follow. Driving standards units are key to assessing what was once a breach of policy but could now be a breach of the law.

In the meantime, the Police Federation of England and Wales is urging all officers to make sure they are fully aware of the new legislation and the regulations that underpin that law. But, above all, it is stressing how crucial it is that they don’t drive if they are not licensed under Statutory Instrument 1112. Forces also have a responsibility to ensure this is the case.

Tim added: “This is a generational change for policing; one that improves confidence for both officers and the public. To ensure this legislative change achieves its policy objectives, it needs chief constables’ full support.

“Police driver tactics have to evolve with the trends of criminality as well as the technological advances and changes to police vehicles. We are blessed in having the most efficient, well managed NPCC portfolio in driver training. The ability for policing to adapt is exceptional and unified through the NPPC groups for driver training and pursuits. All forces, if they believe a change is needed to assist with public safety or operational efficiency, must go through the NPCC group.

“No matter how brilliant the new plan invented by the newly-promoted head of department is, it must not be implemented without the write-off from the portfolio lead since any deviance from the legislated standard is dangerous and ultimately illegal.”

Read the letter to chief officers in full.