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Stopping for a road census

I was recently required by the police to drive off the carriageway into a coned off area. I did not think I had done anything wrong, but it worried me, and when the police spoke to me they said I was stopped to be asked to take part in a road census. Although the police were perfectly polite and respectful, I felt intimidated and obliged to co-operate in the census, even though I thought it was an interference with my liberty. Would I have been within my rights to have refused to stop, or to answer questions?

It has been an offence since 1972 to fail to stop when directed to do so by a police constable or appropriate sign at a census point. An offence is committed not only if the motorist neglects or refuses to stop or make the vehicle proceed in, or keep to, a particular line of traffic as directed, but also if he fails to proceed to a particular point.

Once you comply with the direction to stop, however, you are under no obligation to participate in the survey. It is not an offence to refuse to supply information for the purposes of a survey. Further, the police are constrained in the exercise of a census in that they must not cause unreasonable delay to a person who indicates that he is unwilling to participate in the census. However, the motorist must still comply with the directions given, unless and until he indicates that he is unwilling to provide information. Census signs may only be used where the traffic census has been approved by the highway authority and the chief constable, or by or on behalf of the Secretary of State for Transport.


Designed by solicitors, tested by barristers and available around the clock, Road Traffic Representation is an online legal system that allows people accused of a motoring offence to get free advice on how the law will be applied in their case, and referral to a telephone helpline and representation by a barrister in court if required. Practising solicitor Martin Langan spent two years designing the system and creating the data repository which allows the software to analyse road traffic offences with the same authority as a solicitor.

www.roadtrafficrepresentation.com

Twitter: martinlangan

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