Powers to Stop and Search Vehicles

Police have a number of powers to stop vehicles, which are distinct from the powers to search them. Under section 163 of the Road Traffic Act 1988, a constable in uniform may require the driver of a mechanically propelled vehicle to stop. Failure to comply is a criminal offence. This power to stop a vehicle does not by itself authorise a search of the vehicle or its occupants; a separate search power must be identified.

The principal power to search vehicles is section 1 of PACE 1984, which applies to vehicles in a public place in the same way as it applies to persons. A constable may search a vehicle where they have reasonable grounds to suspect that they will find stolen or prohibited articles. The officer may detain the vehicle and its occupants for the purposes of the search. Code A applies in full, and the officer must make a search record and provide a copy to the driver or any person who is in the vehicle at the time. Where the driver or occupants are not present, the officer must leave a notice indicating that the vehicle has been searched and where a copy of the search record may be obtained.

Other powers to search vehicles include: section 23 of the Misuse of Drugs Act 1971 (where there are reasonable grounds to suspect controlled drugs are in the vehicle); section 47 of the Firearms Act 1968 (where there are reasonable grounds to suspect a firearm); and section 43 of the Terrorism Act 2000 (vehicles are covered by the broader powers under that Act). Section 60 of the Criminal Justice and Public Order Act 1994 also applies to vehicles: within a section 60 authorisation area, any vehicle may be stopped and searched without grounds for suspicion.

Beyond search powers, police also have powers to seize and retain vehicles. Under the Road Traffic Act 1988, officers may seize uninsured vehicles. Under section 59 of the Police Reform Act 2002, a constable in uniform who has reasonable grounds for believing that a motor vehicle is being used in a manner which contravenes section 3 or 34 of the Road Traffic Act 1988 and is causing, or is likely to cause, alarm, distress or annoyance to members of the public may seize and remove the vehicle; since 29 June 2026 no prior warning is required (Crime and Policing Act 2026, s.8). These are distinct from search powers but are an important part of the overall framework governing police interaction with vehicles.

Updated 16 October 2026: section 8(1) of the Crime and Policing Act 2026 omitted subsections (4) and (5) of section 59 of the Police Reform Act 2002 (the pre-seizure warning requirement) from 29 June 2026 (SI 2026/689, reg 2(1)(c)); the former rule still applies to the use of a vehicle before that date (s.8(2)).