Policy background Police driving standards
The tests set out in the Road Traffic Act 1988 (the "1988 Act") for the offences of careless and dangerous driving apply to police drivers in the same way as any other driver, taking no account of the various exemptions to road traffic legislation (for example, in relation to speed limits and road signs) that apply to the police or of their additional training. Those offences are committed when a person drives in a way that is below (careless) or far below (dangerous) what would be expected of a competent and careful driver, that is a member of the public.
	Following a campaign by the Police Federation, in September 2017, the then Minister for Policing and the Fire Service, Rt Hon Nick Hurd MP, commissioned a Home Office review of the law, guidance, procedures and processes surrounding police pursuits. The review had a particular focus on identifying the reasons why the current legal framework was seen as falling short, identifying options for improvement and developing recommendations.
	In May 2018, the Home Office published a consultation , "The Law, Guidance and Training Governing Police Pursuits", which set out the findings of the review and options for changes in the law. In particular, the consultation sought views on:
whether any legislative change should apply only to police pursuits or to police response driving as well;
whether to revise the various exemptions from certain areas of road traffic legislation to make them clearer and more consistent;
amending the definitions in the offences of careless and dangerous driving to take account of the training and experience of police drivers; and
making clear that a suspect being pursued is responsible for their own decision to drive dangerously and that blame should not be attached to the pursuing police officer.
	The Home Office received 383 responses to the consultation with two-thirds of respondents (66.6%) agreeing that a police officer responding to an emergency or a pursuit should be compared to the standard of a police driver with similar training and skill. The Government published its response to the consultation and the then Home Secretary issued a Written Ministerial Statement on 2 May 2019 announcing that the Government would seek to introduce a new test to assess the standard of driving of a police officer. The new test, as provided for in sections 5 to 7 of the Act, allows the courts to judge their standard of driving against a competent and careful police constable with the same level of training, rather than being considered as a member of the public. It is vital that the law empowers officers to carry out their duties effectively. The new test strikes the right balance between giving trained officers the confidence they need to fight crime effectively while holding to account those who drive in an inappropriate manner and put the public at risk.