The local paper is warning of some random Highways Agency traffic survey stop points being set up in the area (as opposed to multi-agency check points). Being a non-driver I’ve never been pulled over; but for those of you who do drive, can you refuse to answer questions put to you by Highways Agency staff and then drive away?

why would yuo want to refuse?

Good question, I’ve often wondered that.

I’d guess that as police officers they have a right to order you to stop. I’m not aware of any legal requirement for you to give them any information unless you’re being detained, though.

Could be wrong though, there may well be specific legalise for this stuff. Not something I’ve ever looked into.

Yes you can refuse. The Police are in attendance to both ease the traffic flow in/out and guide the Drivers into the Zone, also to ease the angst that may emanate from angry drivers..

However, since normally you are hauled into a queue with other drivers You’ll not get out of that queue any quicker by saying “No”.

I’ve been stopped on various occasions, simple set of questions and nothing onerous TBH.

But why do people want to refuse, what is the problem?

The police are acting to select vehicles to be directed to the stop point because as I understand the law the HA staff do not have such powers.

And why refuse to answer? Because I choose to!

Attitude test presumably applies big time…and their best mates the Traffic Police are probably more than happy to come and deal with anyone who is causing a hassle.

Offence not to stop for them, btw.

why would yuo want to refuse?

For one, I can think of better uses of my time than answering a load of market research guff. Generally when I’m driving, it’s because I’m going somewhere.

Highways Agency Traffic Officers have the power to stop these days independently of police:

“Highways Agency Traffic Officers have powers to stop vehicles on most motorways and some ‘A’ class roads, in England only. If HA traffic officers in uniform want to stop your vehicle on safety grounds (e.g. an insecure load) they will, where possible, attract your attention by

flashing amber lights, usually from behind
directing you to pull over to the side by pointing and/or using the left indicator.
You MUST then pull over and stop as soon as it is safe to do so. Then switch off your engine. It is an offence not to comply with their directions (see ‘Signals by authorised persons’).
Law RTA1988, sects 35 &163 as amended by TMA 2004, sect 6

I doubt their powers extend any further than that. Even the police have no powers to direct you to answer research guff. But what’s the betting that your vehicle would suddenly be deemed unroadworthy in some respect should you be a bit of an arse about it?

Anyway, why should we have to justify refusing? Is a better question not “why would you want to partake?”

When driving, our natural state from which we’re discussing deviating isn’t one of hanging around roadsides waiting for surveys to answer.

“Highways Agency Traffic Officers have powers to stop vehicles on most motorways and some ‘A’ class roads,

That’s interesting. So if they told you to stop on a B-road you could ignore them? I always assumed HA = police = authority to stop.

How are “some” A-roads defined? Is there a definition or a list?

I wonder if it covers what we used to call ‘trunk roads’ eg A19.

EDIT: No mention of the class of road in the legislation:

Where a constable [F1or traffic officer] is for the time being engaged in the regulation of traffic in a road, a person driving or propelling a vehicle who neglects or refuses—
(a)to stop the vehicle, or
(b)to make it proceed in, or keep to, a particular line of traffic,when directed to do so by the constable in the execution of his duty [F2or the traffic officer (as the case may be)] is guilty of an offence.
(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 [F3or 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.

But the last line I’ve quoted answers the question about telling them to bugger off once they’ve stopped you…

This the one out of Steyning this morning? Massive tailbacks, I presume it’s to work out who’s using the road and why, sounds like good info that should be collected.

I think you can ask for lube

(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.

This the one out of Steyning this morning? Massive tailbacks,

Seems they’re not complying with legislation, then.

So we’ve established that you have the right to bring the attention of the nearby traffic policeman upon you with great vengeance and furious anger. I think I will choose not to though.

Not all A roads are owned by the highways agency, some are owned by the local highways authority as are all lower class roads.

Motorways and ‘some’ A roads are under the control of the highways agency I assume they know which is which.

…..and surely answering the questions may in the future get you a better driving experience??

So we’ve established that you have the right to bring the attention of the nearby traffic policeman upon you with great vengeance and furious anger.

I was always told that the only people who can legally stop traffic are the Police , Army , Lollypop persons and insanely attractive people

I wish I was so important that I didn’t have time to answer a survey 🙁

Some of the larger A roads are what are still referred to by many as trunk roads and are maintained by the Highways Agency. These are the A roads on which their Traffic Officers have the power to pull you over. these are usually the larger multi lane A roads such as the A46/A14/A50 etc

I wish I was so unimportant that I didn’t have to answer a survey.

In kent/ west sussex ha roads are:

m20
m2
m23
a2
a21
a27
a23
parts of the a259

One summer when I was a student I did roadside surveying organised by a civil engineering consultancy. We had traffic police to stop cars but on one or two occasions the tailbacks were huge, reported on Merseyside radio on a really hot summers day. One of the surveyors got seriously threatened even with the Police there.

The survey was just start point, end point and reason (commute, pleasure, business) so they could plan infrastructure.

I suspect this is in relation to new Highways agency traffic modelling work that is in progress. As others have said the survey information is really important to working out how the road is used.

In these situations you have to stop but you can decline to answer the survey. In cases of long tailbacks the surveys often have to be pulled and the survey company resorts to handing out postcard surveys that no one ever returns.

As said above you will not get out of the stop if you decline to answer the questions and people who don’t answer them are normally those with inflated senses of self-importance. The police sometimes use the time they are not answering the survey but stationary to make a casual observation of the condition of the vehicle. Just in case like.

The police sometimes use the time they are not answering the survey but stationary to make a casual observation of the condition of the vehicle.

I would hope they would do that anyway, letting someone drive away in a shit heap with 4 bald tyres just coz they agreed to answer the survey does not sound like good policing.

Why would the staff care whether one random driver was too important to answer a few quick questions? Why would the police care? I’m sure that after the drivers ahead had completed the survey non co-operating drivers would be on their way without any interest from the police.

I can’t see why you’d not want to answer, they’re only attempting to increase data and information on the use of a particular road. Who knows, as a consequence you may get road ‘improvements’.
The HA have no power to stop vehicles in such circumstances. (nor do VoSA in these circumstances).
Only Police officers in uniform (the hat is not mandatory) under S163 of the RTA ’88 have this authority. If a Police Officer requests that you stop then you must obey (as per Highway Code).
As far as I am aware you can decline to answer questions put to you by the HA but not re ownership and driver details by the Police.

I can’t see why you’d not want to answer,

You know, I’d be way more inclined to answer if I hadn’t been forced to sit in one of these “long tailbacks” people keep mentioning. “Hi, sorry that you’re half an hour late for work already because of an artificial tailback we’ve just created, but would you mind answering a few questions?”

The HA have no power to stop vehicles in such circumstances.

http://singletrackworld.com/forum/topic/your-rights-at-a-highways-agency-traffic-survey-stop#post-6999532

Why would the staff care whether one random driver was too important to answer a few quick questions? Why would the police care? I’m sure that after the drivers ahead had completed the survey non co-operating drivers would be on their way without any interest from the police.

You are right the staff don’t care, nor the police. But the declining is often done in a bad temper or defensively.

The HA have no power to stop vehicles in such circumstances.

They can only stop on the grounds of safety.

If HA traffic officers in uniform want to stop your vehicle on safety grounds (e.g. an insecure load)

They have no powers to conduct stop checks (fortunately).

The second extract from the RTA 1998 I posted suggests that they have every legal right to stop you for the purposes of a survey, with or without a police officer in tow.

I stand corrected!

Also, it’s Highways England not the Highways Agency if anyone cares

DVSA (used to be VOSA) can stop you….although not detain you.

A fire officer also has the power to close any class of road independently of the Police should they so decide, so in effect they sort of make you stop 🙂

I got stopped by one of these a while ago. I told the guy I was pushed for time and asked if I was legally required to answer. He said no and waved me on, no drama.