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Guide to HORT1 Producers for Driving Licences, Insurance Certificates & MOTs

The Offence

Under Section 165 of the Road Traffic Act 1988 a Police Constable has the power to require:

1. a person driving a motor vehicle on a road; or
2. a person whom the Constable believes was driving a vehicle at the time of an accident; or
3. a person whom the Constable believes committed an offence in relation to the use of a motor vehicle;

to give their name and address and, if different the name and address of the owner of the vehicle.

The likelihood is that you would be asked to produce your documents when stopped at the side of the road, but this is not always the case. You can be asked to produce for inspection:

1. a valid insurance certificate;
2. a current MOT certificate; and/or
3. your driving licence (both parts).

Where you are unable to produce the documents immediately you would normally be given an HORT1 'Producer'.  If you are given a 'Producer' you will be required to nominate a Police Station at which to produce your documents. You will be given 7 days from the date of the 'Producer' to present the documents required.

Do I need an NIP (Notice of Intended Prosecution) for failing to produce documentation?

No, there is no requirement for an NIP for failing to produce vehicle documentation following the issue of an HORT1 'Producer'.

Additional/Alternative Charges

Where you do not produce the relevant documents you are also likely to be prosecuted for driving without insurance, an MOT or a driving licence, dependent on which documents you do not produce.

Punishment

Fine up to £1000.

Defences

There are defences available to this charge. These are usually founded on circumstances where it was not possible to produce the documents within the time period given. Much will depend on the individual circumstances that you face and time is always of the essence when it comes to making out a defence to this charge.

An HORT1 Producer should never be ignored. If you have been issued with one and are not clear what action to take in your particular circumstances then contact our team of specialist motoring lawyers for sound legal advice on your obligations.

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