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nomadros
If pulled over for a roadside "census"...

a) Who can pull you over legally?
b) When can it legally be decided you are to be breathalysed and/or have mouth swabs taken.
c) If breathalysed and swabbed and both prove negative, can you legally have the swab and the breathalyser mouth piece back and can you legally have any electronic readings deleted?

Sorry..I don't fancy having my DNA sprinkled liberally over the next corpse they find, in order to make their clear up statistics better.

Better cynical than sorry these days.
nemo
QUOTE (nomadros @ Fri, 12 Jun 2009 - 16:06) *
If pulled over for a roadside "census"...

a) Who can pull you over legally?

A constable or traffic officer.

QUOTE (nomadros @ Fri, 12 Jun 2009 - 16:06) *
b) When can it legally be decided you are to be breathalysed and/or have mouth swabs taken.

A preliminary breath test can be administered if the constable has reasonable grounds to suspect that the driver is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place with alcohol in his body, or has been involved in an accident, or has committed a traffic offence etc etc.

But a mouth swab for DNA at a census point ? Nah..

QUOTE (nomadros @ Fri, 12 Jun 2009 - 16:06) *
Better cynical than sorry these days.

Tinfoil hat ?

nomadros
QUOTE (nemo @ Fri, 12 Jun 2009 - 16:48) *
QUOTE (nomadros @ Fri, 12 Jun 2009 - 16:06) *
Better cynical than sorry these days.

Tinfoil hat ?


Too right matey, but I keep it painted skin colour, so as not to give the game away biggrin.gif
spanner345
If ever you undertake a breathalyser test, do not accept the mouthpiece.

I have been told the police must then treat it as hazardous waste.

Are police cars licensed to carry hazardous waste?
Landshark
Hmmm, i think you'll find they will chuck in the nearest bin, or put it in a yellow container some carry for needles and blooded items!! mellow.gif

Its not hazardous as such, its just got your saliva on it, no different from you having an ice lolly on a stick and throwing it in the bin!!!LOL!!
muckychimney
QUOTE (nomadros @ Fri, 12 Jun 2009 - 16:06) *
If pulled over for a roadside "census"...

a) Who can pull you over legally?


Can VOSA pull you over ?
ford poplar
IMO No. That is why roadside checkpoints have 1 or more Police Officers to signal you to pull over and engineers for the inspection, people with clipboards for the census.
Landshark

Errrr, yes they can......


The Highway Code


Other stopping procedures

107
Vehicle & Operator Services Agency Officers have powers to stop vehicles on all roads, including motorways and trunk roads, in England and Wales. They will attract your attention by flashing amber lights

  • either from the front requesting you to follow them to a safe place to stop
  • or from behind directing you to pull over to the side by pointing and/or using the left indicator
It is an offence not to comply with their directions. You MUST obey any signals given (see 'Signals by authorised persons').


[Laws RTA 1988, sect 67, & PRA 2002, sect 41 & sched 5(8)]

nemo
QUOTE (muckychimney @ Fri, 12 Jun 2009 - 18:41) *
Can VOSA pull you over ?

AIUI, the Police Reform Act 2002 allows Chief Constables in England & Wales to extend the power to stop to VOSA employees.
quickboy
QUOTE (muckychimney @ Fri, 12 Jun 2009 - 18:41) *
Can VOSA pull you over ?

Most VOSA vehicles (ford galaxys in this area) now have the words "Traffic Enforcement" written on the back bumper. So, agree, they can pull over light vehicles as well as HGVs and PCVs etc. It is however rare for VOSA to get involved with a car or small van. They tend to leave that to the BiB.
ford poplar
I stand corrected.
roythebus
VOSA has been targetting "white van man" in my area quite a lot just lately.

As you say, they have liveried Galaxies which have a sign on top saying "follow me", in my area in various languages due to the proximity of the M20 and Dover!

The PG9 rates for "white vans" is horrendously high, as is the MoT failure rate, something like 46% IIRC.
Ocelot
QUOTE (nomadros @ Fri, 12 Jun 2009 - 16:06) *
Sorry..I don't fancy having my DNA sprinkled liberally over the next corpse they find, in order to make their clear up statistics better.


laugh.gif
jabberwocky
Regarding the census that sometimes happen (clipboard people);

I know you have to pull over when the copper says but i've heard that your under no obligation to respond to the clipboarders questions as their only civilians and that you can in fact drive off after telling them you dont want to participate.

Is this true?
southpaw82
QUOTE (The Road Traffic Act 1988 s. 35)
(2) Where—
(a) a traffic survey of any description is being carried out on or in the vicinity of a road, and
(b) a constable or traffic officer gives to a person driving or propelling a vehicle a direction—
(i) to stop the vehicle,
(ii) to make it proceed in, or keep to, a particular line of traffic, or
(iii) to proceed to a particular point on or near the road on which the vehicle is being driven or propelled,
being a direction given for the purposes of the survey (but not a direction requiring any person to provide any information for the purposes of a traffic survey),
the person is guilty of an offence if he neglects or refuses to comply with the direction.

(3) The power to give such a direction as is referred to in subsection (2) above for the purposes of a traffic survey shall be so exercised as not to cause any unreasonable delay to a person who indicates that he is unwilling to provide any information for the purposes of the survey.
jdh
First (and only) time I was stopped for a roadside census I was on a (handsfree) phone call for the entire time I was stationary. By the time I'd ended the call I was holding up the line (4 vehicles at a time being stopped in a lane of cones) and they just told me to move on again.
Never did find out what they were surveying.
v105
I would definitely take the small tube used to take a breath test. It can be used to assist building up a DNA database in the UK.
Or you might find you are connected by DNA to a criminal offence. I know of times when cigarette ends and cups used in a station
were tested for DNA to see if the person was really responsible or connected with an offence. Never trust the police, although I do not have a criminal record I do see many bent police officers. Fortunately most are dealt with, even though the cases have reporting restrictions and are fast tracked through the system.


QUOTE (southpaw82 @ Mon, 15 Jun 2009 - 16:31) *
QUOTE (The Road Traffic Act 1988 s. 35)
(2) Where—
(a) a traffic survey of any description is being carried out on or in the vicinity of a road, and
(b) a constable or traffic officer gives to a person driving or propelling a vehicle a direction—
(i) to stop the vehicle,
(ii) to make it proceed in, or keep to, a particular line of traffic, or
(iii) to proceed to a particular point on or near the road on which the vehicle is being driven or propelled,
being a direction given for the purposes of the survey (but not a direction requiring any person to provide any information for the purposes of a traffic survey),
the person is guilty of an offence if he neglects or refuses to comply with the direction.

(3) The power to give such a direction as is referred to in subsection (2) above for the purposes of a traffic survey shall be so exercised as not to cause any unreasonable delay to a person who indicates that he is unwilling to provide any information for the purposes of the survey.



It tends to be people from a dole office, immigration, MOT etc just checking for anything they can find. They check tax, insurance, electoral register, employment status, whether you are wanted, if you're using red diesel etc.
If you have a works van they will also check you have a licence for transporting commercial waste. For example - the case in Manchester of a plumber being fined for having a radiator from a customers house in the back of his van!
It's just an excuse to stop and search. NEVER agree to DNA samples being taken by anyone, you have no legal requirement to give one at the roadside and can not be arrested with the sole purpose of providing a DNA sample.
The surveys in my area are always in rush hour and on busy roads, so tailbacks of miles cause total chaos.
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