Federation seeks support of transport minister

19 August 2020

Transport minister Grant Shapps is being asked to support a change in legislation which could give better protection to the police when they stop vehicles after a series of incidents in which officers have been seriously injured by drivers making off during a police stop.

Tim Rogers, deputy secretary of West Midlands Police Federation and the national Federation’s response and driver training lead, is heading a campaign to amend two sections of the Road Traffic Act 1988 which would give police officers the authority to require drivers to turn off their engine when stopped and also to demand that all occupants leave a vehicle.

“Sadly, incidents in which police officers are injured by drivers fleeing during a police stop are happening more and more as people appear content to use their vehicles as a weapon in their bid to escape justice,” says Tim.

“Clearly, police officers are vulnerable. As servants of the Crown, they should rightly expect the Government to prioritise their safety and ensure that safety is enshrined in law.”

The Federation wants the Department for Transport to get behind changes to the Road Traffic Act as part of the Police Powers and Protections Bill which is due to come before Parliament in the autumn.

It is calling for the bill to include:

• An amendment to S163 of the Road Traffic Act to extend the obligation on motorists to stop to an obligation to stop and switch off the engine
• An amendment to S164 of the Road Traffic Act to require occupants to get out of a vehicle when required to do so by a police officer.

In the letter to Mr Shapps, Tim explains: “Our legal advice confirms that these changes could be implemented by minor amendments to the existing sections and would not involve a significant curtailment of existing civil liberties.

“While it is currently an offence to fail to stop for a constable in uniform, once the vehicle has stopped, the obligation on the driver is satisfied – they only need to stop. Under S164, an officer can require people to provide information and documents. But this means the officer has to get out of their own vehicle to make the request or check any documents produced putting them in an incredibly vulnerable position since the driver can make off and use the vehicle as a weapon, as all too often is the case. This unwarranted risk to police officers could be minimised by creating an obligation on those in the stopped vehicle to get out when asked by an officer to do so.

“I would hope that, as transport minister, you could support our calls for a change in legislation to give police officers better protection and avoid more incidents in which officers are injured, or worse, when seeking to uphold the law and serve their communities. It should be the duty of the Government to commit to ensuring police officers, in serving their communities, are equipped and suitably protected in law when dealing with vehicles and their occupants.

“Since officers’ vulnerability has been identified, as evidenced by them being driven at each day and regularly being injured, we believe the Government should back our calls for a change in legislation. Not having the extra powers we are asking for will curtail our members’ ability to safely and effectively police the roads.”

Tim has already led a successful Federation campaign for a change in the law that will allow police officers’ special training and expertise to be taken into account in the law rather than them being judged against the standards of the careful and competent driver. That change to legislation is part of the Police Powers and Protections Bill.

In support of the changes to S163 and S164 of the Road Traffic Act, Tim has submitted the following testimonies from officers who have been involved in incidents in which drivers have made off from a police stop.

“It’s true that having the fairly general power to stop vehicles is meaningless if we then can’t engage with the driver! A power to instruct the driver to turn the engine off, remove the keys, open the window/door, get out etc does appear to be a necessary, yet long over-due, addition to S163.”

“Stopped a vehicle, asked the driver to get out, refused, told me no need, engine started to rev. I stood directly in front of the car, doing my best ‘police stop’ signal, in full high visibility attire but the driver was determined to get away. The wheels span and it came speeding right for me. Luckily, I’ve back stepped quickly enough to only be hit by the off-side wing mirror. The driver continued to make off at speed through the crowded streets, ignoring red lights etc.

“I suffered quite agonising pain to my wrist from the collision with the wing mirror. I attended the local minor injuries unit the following morning where I was assessed. My wrist was quite swollen and they queried a small fracture but couldn’t tell due to the swelling.”

“I dealt with a male who had committed a series of traffic offences as well as showing as having no insurance for the vehicle. He pulled over compliantly but was instantly very aggressive and wound his window down marginally to speak with me. I asked him to come and take a seat in my police car, however, he refused. He was getting more and more aggressive and wound his window down more purely so he could see what I was doing at the side of his vehicle. It became apparent to me that there was something more to this and it was also very clear that the chances of him driving off were extremely high.

“As a result I reached in to take his keys from the ignition to prevent this. I was single-crewed. He instantly took hold of my wrist and started to wind the window back up trapping my arm. Fortunately, I managed to remove his keys and pull my arm away before he caused significant damage, though I suffered pain. He then wound his window back up and refused to get out of his vehicle which resulted in me having to request a few further officers to try to remove him from the car, as I was going to seize it and needed to issue him with a ticket.

“I believe that if there was a piece of legislation which allowed us to instruct occupants from this vehicle then this would have maybe de-escalated the situation as he believed he did not have to get out, and it would have also given me more power to remove him from the vehicle before having to look at other justifications.”

“The vehicle was seen with the occupants acting suspiciously. Vehicle was stopped at the forecourt of a petrol station in order to speak to the driver and any occupants. Officers immediately smelt a strong smell of cannabis. The driver put his window down slightly and I was unable to either grab the keys or do anything tactical to prevent him from driving off.

“The vehicle then drove off as I was about to smash the window to conduct the search. The vehicle drove dangerously and recklessly off the forecourt showing no regard to other road users and people potentially walking the street. He could have killed someone. This could have been prevented if we had some sort of legislative power to make the driver either get out of the vehicle and/or put the window down fully so we’re able to grab the keys. The driver was later found and arrested for above offences.”

“Back in the latter months of 2019 I had reason to stop a vehicle. The driver had been acting erratically. Upon being stopped, he refused to produce his driving licence or alight from the vehicle. I requested a breath test but he again refused to alight so I arrested him for refusing. As I attempted to remove him from the vehicle, he drove off, dragging me a short distance as I clung to the window.”

“In short car pulled over, driver refused to open window or get out. He then drove off with an officer standing by the driver’s door causing him to have to take avoiding action in order not to be run over. There was a pursuit and the driver and passenger were detained. The driver was found to have 100 wraps of Class A in his pants. Charged with PWITS, no insurance, assault on emergency worker and dangerous driving.”