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Breath Testing

Volume 164: debated on Monday 18 December 1989

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To ask the Attorney-General if, pursuant to his reply to the hon. Member for Bolton, North-East (Mr. Thurnham), on 5 December, Official Report, column 131, he will set out the grounds on which a police officer may stop a motor vehicle.

For the purposes of my reply to my hon. Friend the Member for Bolton, North-East on 5 December, I had in mind the power contained in section 163 of the Road Traffic Act 1988. The divisional court has ruled that the police, in the exercise of powers under section 163 of the Road Traffic Act 1988, are not prohibited from the random stopping of cars provided that the officer does not behave oppressively or capriciously.