The Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2023
S.I. 2023/185 · Made 21 February 2023 · Extends to England, Wales and Scotland
This Statutory Instrument has been made in consequence of a defect in S.I. 2022/1112 and is being issued free of charge to all known recipients of that Statutory Instrument.
Police
Roads
Made 21st February 2023
Laid before Parliament 23rd February 2023
Coming into force 20th March 2023
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 2A(1A)(b), 3ZA(2A)(b), 192(1) and 195(7) of the Road Traffic Act 1988f1.
In accordance with section 195(2) of the Road Traffic Act 1988, the Secretary of State has consulted with representative organisations.
Annotations to the whole text
Footnotes
- f1
-
1988 c. 52. Section 2A was inserted by section 1 of the Road Traffic Act 1991 (c. 40) and amended by section 143(1) and (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 9) and section 5 of the Police, Crime, Sentencing and Courts Act 2022 (c.32) (‘the 2022 Act’). Section 3ZA was inserted by section 30 of the Road Safety Act 2006 (c. 49) and amended by section 6 of the 2022 Act. The definition of “prescribed” in section 192(1) was amended by paragraphs 1 and 7 of Schedule 22 to the Crime and Courts Act 2013 (c. 22). There are other amendments to section 192(1) that are not relevant to this instrument. Section 195(7) was inserted by section 7 of the 2022 Act.
Contents
- 1Citation, commencement, extent and revocation
- 2Interpretation
- 3Prescribed training provided by a provider licensed by the College of Policing
- 4Required refresher training frequency for training provided by a provider licensed by the College of Policing
- 5Prescribed training provided by Police Scotland
- 6Required refresher training frequency for training provided by Police Scotland
- 7Prescribed training completed prior to 30th November 2022
- Signature
- Schedule Schedule
- Explanatory note
1Citation, commencement, extent and revocationI1
These Regulations may be cited as the Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2023 and come into force on 20th March 2023.
These Regulations extend to Great Britain.
The Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2022f1 are revoked.
2InterpretationI1
In these Regulations—
-
“the 1988 Act” means the Road Traffic Act 1988;
-
“chief officer” means—
- (a)
in relation to a police force maintained under section 2 of the Police Act 1996f1, the chief constable;
- (b)
in relation to Police Scotland, the chief constable;
- (c)
in relation to the metropolitan police force, the Commissioner of Police of the Metropolis;
- (d)
in relation to the City of London police force, the Commissioner of Police for the City of London;
- (e)
in relation to the British Transport Police Force, Ministry of Defence Police and Civil Nuclear Constabulary, the chief constable, and
- (f)
in relation to the National Crime Agency, the Director General.
- (a)
3Prescribed training provided by a provider licensed by the College of PolicingF2I1
A training course listed in column 1 of Table 1 in the Schedule is prescribed training for the purposes of sections 2A and 3ZA of the 1988 Act if—
it is delivered by a provider licensed by the College of Policing;
the instructor or trainer has met, respectively, the F1College of Policing Standard for Instructors or the College of Policing Standard for Trainers;
it includes consideration of and instruction on—
the National Decision Model, and
the College of Policing’s Authorised Professional Practice for Roads Policing: Police Drivers and, where relevant, Police Pursuits;
it meets the relevant requirements in columns 2 and 3 of Table 1.
4Required refresher training frequency for training provided by a provider licensed by the College of PolicingF1I1
At the end of the period specified in column 4 of Table 1 in the Schedule, a training course listed in column 1 of Table 1 is prescribed training for the purposes of sections 2A and 3ZA of the 1988 Act if refresher training has been undertaken in accordance with the requirements in Table 2 in the Schedule.
5Prescribed training provided by Police ScotlandF1I1
A training course listed in column 1 of Table 1 in the Schedule is prescribed training for the purposes of sections 2A and 3ZA of the 1988 Act if—
it is delivered by Police Scotland;
the instructor or trainer has completed the relevant Scottish Police College training and the Police Scotland Training for Trainers Course;
it includes consideration of and instruction on the National Decision Model;
it meets the relevant requirements in columns 2 and 3 of Table 1.
6Required refresher training frequency for training provided by Police ScotlandF1I1
At the end of the period specified in column 4 of Table 1 in the Schedule, a training course listed in column 1 of Table 1 is prescribed training for the purposes of sections 2A and 3ZA of the 1988 Act if refresher training has been undertaken in accordance with the requirements in Table 2 in the Schedule.
7Prescribed training completed prior to 30th November 2022I1
Training completed by designated persons prior to 30th November 2022 is prescribed training for the purposes of sections 2A and 3ZA of the 1988 Act if—
it was approved by a chief officer, and
that chief officer is satisfied that it is equivalent to a type of training specified in Table 1.
At the end of the relevant period, training described in paragraph (1) is prescribed training for the purposes of sections 2A and 3ZA of the 1988 Act if refresher training for the type of training that it is equivalent to has been undertaken in accordance with the requirements in Table 2 in the Schedule.
The relevant period in paragraph (2) is the period specified in column 4 of Table 1 for the type of training that it is equivalent to, beginning with 30th November 2022.
Signature
Chris Philp
Minister of State
Home Office
21st February 2023
I1
Table 1
| Course type | Required length of course | Required minimum number of trainers to maximum number of F1learners | Period training is valid for before refresher training is required |
|---|---|---|---|
| F2Response driving | Three weeks | One to three | Five years |
| Advanced driving | Four weeks | One to three | Five years |
| Initial phase pursuit (IPP) | Three days | Three to six | Five years |
| Tactical phase pursuit (TPaC) | F3One week | Five to six | Three years |
| Riding with a pillion passenger | Two days | One to two | F4Three years |
| Response motorcycling undertaken from 1st April 2022 to 31st March 2023 (inclusive) | Three weeks | One to two | Three years |
| Response motorcycling undertaken from 1st April 2023 | Three weeks | One to two | Three years |
| Advanced motorcycling undertaken from 1st April 2022 to 31st March 2023 (inclusive) | Two weeks | One to two | Three years |
| Advanced motorcycling undertaken from 1st April 2023 | Two weeks | One to two | Three years |
| Evasive and offensive driving | Two days | Three to six | Three years |
| Protected convoy driving | Three days | Three to six | Three years |
| VIP protection motorcycle escorts | F5One week | Two to four | Three years |
| Escorting vehicles (abnormal loads etc) | Three days | F6Three to six | F7Five years |
| F8. . . | . . . | . . . | . . . |
| F9. . . | . . . | . . . | . . . |
| Category B vans & passenger vehicles | F10One day | F11One to three | Unlimited validity |
| VIP protection driving | Three days | F12Three to six | Three years |
| F13. . . | . . . | . . . | . . . |
Table 2
| Course type | Required refresher training frequency | Required refresher training length | Required refresher training minimum number of trainers to maximum number of F14learners |
|---|---|---|---|
| F15Response driving | Every five years | One day | One to two |
| Advanced driving | Every five years | One day | One to two |
| Initial phase pursuit (IPP) | Every five years | One day | Three to six |
| Tactical phase pursuit (TPaC) | Every three years | Two days | Five to six |
| Riding with a pillion passenger | Every F16three years | Half a day | One to two |
| Response motorcycling undertaken from 1st April 2022 to 31st March 2023 (inclusive) | Every three years | Two days | One to two |
| Response motorcycling undertaken from 1st April 2023 | Every three years | Two days | One to two |
| Advanced motorcycling undertaken from 1st April 2022 to 31st March 2023 (inclusive) | Every three years | Two days | One to two |
| Advanced motorcycling undertaken from 1st April 2023 | Every three years | Two days | One to two |
| Evasive and offensive driving | Every three years | One day | Three to six |
| Protected convoy driving | Every three years | One day | Three to six |
| VIP protection motorcycle escorts | Every three years | Two days | Two to four |
| F17Escorting vehicles (abnormal loads etc) | Every five years | One day | Three to six |
| VIP protection driving | Every three years | One day | F18Three to six |
| F19. . . | . . . | . . . | . . . |
Explanatory note
(This note is not part of the Regulations)
These Regulations prescribe training for the purposes of sections 2A and 3ZA of the Road Traffic Act 1988 (c. 52).
These Regulations revoke the Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2022 (S.I. 2022/1112). These Regulations are materially the same as the Regulations revoked, except technical changes have been made. The Police, Crime, Sentencing and Courts Act 2022 (c. 32) amended sections 2A and 3ZA of the Road Traffic Act 1988 to make provision as to the meaning of dangerous driving and careless driving in respect of police driving. Those standards for police driving refer to the driver having undertaken “prescribed training”. Regulation 3 sets out when a training course provided in England and Wales only will be prescribed training. Regulation 4 makes provision for refresher training to be undertaken for a training course provided in England and Wales following the end of the validity period for that course. Regulation 5 sets out when a training course provided in Scotland only will be prescribed training. Regulation 6 makes provision for refresher training to be undertaken for a training course provided in Scotland following the end of the validity period for that course. Regulation 7 makes provision for training completed prior to the commencement of the Regulations revoked to be prescribed training.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector or community bodies is foreseen.