Force compliant with new police driver training regulations

14 August 2023

The Force’s driver training is compliant with the provisions of new legislation put in place to give officers better legal protection when carrying out their duties, the Federation has been assured.

Pete Nightingale, West Mercia Police Federation secretary, has discussed potential issues with chief officers and also with the learning and development and driver training departments.

“I have been reassured that as a Force we are in a strong position and are complying with the legislation.  It is absolutely vital that our members receive the best training from appropriately trained, licensed staff and that, should there be any adverse incidents, the recent changes to legislation offering greater protection to our hard-working officers is afforded to them,” says Pete.

Tim Rogers, pursuits driving lead for the Police Federation of England and Wales and secretary of West Midlands Police Federation, has written to all chief constables after discovering instances where police driver training has not been delivered by an accredited trainer, contrary to the provisions of the Police, Crime, Sentencing and Courts Act 2022.

“We fought long and hard for the changes to legislation that were needed to give police drivers better protection,” says Tim, who led an eight-year Federation campaign for a change in the law.

“It was patently wrong for police officers to find themselves the wrong side of the law or facing conduct investigations when they were doing the job they were trained to do and the job the public would expect them to do.

“The issues came because officers were judged by the standards of the careful and competent driving member of the public but clearly many of the manoeuvres police carry out when fulfilling their duties are not the norm for members of the public. 

“The new legislation means that police officers’ driving will be judged by the standard of their peers, in line with their skills and training, but there are criteria attached to that – drivers have to be licensed and up to date with their training and that training has to be delivered by fully accredited trainers and this is why we have written to chief constables as a reminder.

“This new legislation, and the legal guidance that underpins it, delivers what we set out to achieve, but we need forces to play their part and ensure they are fully compliant with this new statutory framework.”

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. This test is covered through Statutory Instrument 1112 which all forces should now be complying with. 

Officers are being advised not to drive if they are not licensed under this legislation and have been reminded that senior officers cannot extend or grant an officer’s permit under any circumstances.

Some forces have been found to be using non-accredited instructors but driver training has to be delivered by a driver trainer who has been licensed by the College of Policing for the provisions of the new legislation to apply.

The Police Federation is urging all officers to make sure they are fully aware of the new legislation and the regulations that underpin that law.

Pete adds: “We have been assured that our Force is compliant but we would also remind officers not to drive if they are not licensed under Statutory Instrument 1112. While forces have a responsibility to ensure this is the case, officers must also play their part in making sure they are licensed too.”