Statutory Instruments
2005 No. 1606

ROAD TRAFFIC
The Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005

Made
13th June 2005

Laid before Parliament
15th June 2005

Coming into force
6th July 2005

The Secretary of State, in exercise of the powers conferred upon him by section 165B of the Road Traffic Act 1988(1) hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 and shall come into force on 6th July 2005.

Interpretation

2.  In these Regulations—

“the 1988 Act” means the Road Traffic Act 1988;

“the 1994 Act” means the Vehicle Excise and Registration Act 1994(2);

“authorised person” means a constable or such other person authorised by the chief officer under regulation 3(1);

“certificate of insurance” is to be construed in accordance with sections 147(1) and 161(2) of the 1988 Act;

“GB registration mark” means a registration mark issued in relation to a vehicle under the 1994 Act;

“owner” includes—

(a)
the person by whom, according to the records maintained by the Secretary of State in connection with any functions exercisable by him by virtue of the 1994 Act, the vehicle is kept and used;

(b)
in relation to a vehicle which is the subject of a hiring agreement or a hire-purchase agreement, the person entitled to possession of the vehicle under the agreement;

“the register” means the register maintained by the Secretary of State under Part 2 of the 1994 Act;

“registered keeper”, in relation to a motor vehicle, means the person in whose name the vehicle is registered under the 1994 Act;

“relevant motor vehicle” means a motor vehicle which has been seized and removed under section 165A of the 1988 Act;

“seizure notice” means a notice complying with regulation 4;

“valid licence” means a licence to drive a motor vehicle granted under Part 3 of the 1988 Act, a Community licence, an exchangeable licence or a Northern Ireland driving licence, and for this purpose the terms “Community licence” and “exchangeable licence” have the same meaning as given in section 108(1) of the 1988 Act;

“working days” shall be taken to exclude Saturdays, Sundays, Christmas Day, Good Friday and, in relation to a vehicle retained in England and Wales, any day which, under the Banking and Financial Dealings Act 1971(3), is a bank holiday in England and Wales and, in relation to a vehicle retained in Scotland, any day which, under that Act, is a bank holiday in Scotland.

Retention and safe keeping of motor vehicles

3.—(1) A relevant motor vehicle shall be passed into and remain in the custody of a constable or other person authorised under this regulation by the chief officer of the police force for the area in which the vehicle was seized (“the authorised person”) until—

(a)the authorised person permits it to be removed from his custody by a person appearing to him to be the registered keeper or owner of the vehicle; or

(b)it has been disposed of under these Regulations.

(2) While the vehicle is in the custody of the authorised person, the authorised person shall be under a duty to take such steps as are reasonably necessary for its safe keeping.

Giving of seizure notice

4.—(1) A constable, on seizing a vehicle under section 165A of the 1988 Act, shall give a seizure notice in accordance with this regulation to the driver of the vehicle being seized unless the circumstances make it impracticable for him to do so.

(2) The authorised person shall, as soon as he is able after a relevant motor vehicle has been taken into his custody, take such steps as are reasonably practicable to give a seizure notice in accordance with this regulation to the person who is the registered keeper and to the owner, where that appears to be someone different, of that vehicle, except where—

(a)the authorised person is satisfied that a seizure notice has already been given to the registered keeper and to the owner, where that appears to be someone different, of the vehicle under paragraph (1); or

(b)the vehicle has been released from his custody in accordance with these Regulations.

(3) A seizure notice shall, in respect of the vehicle to which it relates, contain such of the following information as can be or could have been ascertained from an inspection of the vehicle, or has been ascertained from any other source, that is to say—

(a)in the case of a vehicle which carries a GB registration mark, or a mark indicating registration in a place outside Great Britain, particulars of that mark; and

(b)the make of the vehicle.

(4) A seizure notice shall, in respect of the vehicle to which it relates, state—

(a)the place where the vehicle was seized;

(b)the place where it is now being kept;

(c)that the registered keeper or owner of the vehicle is required to claim the vehicle from the authorised person on or before the date specified in the notice, being a date not less than 7 working days from the day when the notice is given to the registered keeper or owner as the case may be;

(d)that unless the vehicle is claimed on or before that date the authorised person intends to dispose of it;

(e)that, subject to regulation 5(5), charges are payable under these Regulations by the registered keeper, owner or driver of the vehicle in respect of the seizure and retention of the vehicle, and that the vehicle may be retained until such charges are paid; and

(f)that the registered keeper or owner of the vehicle must either—

(i)produce at a specified police station a valid certificate of insurance covering his use of that vehicle and a valid licence authorising him to drive that vehicle; or

(ii)nominate for this purpose a third person who produces at a specified police station a valid certificate of insurance covering that person’s use of that vehicle and a valid licence authorising that person to drive that vehicle,

and that the vehicle may be retained until this requirement is satisfied.

(5) The seizure notice shall be given—

(a)by delivering it to the person to whom it is directed;

(b)in respect of the registered keeper—

(i)by leaving it at the address which is entered on the register as being the address of the registered keeper; or

(ii)by sending it by the registered post service, addressed to the registered keeper, to the address which is entered on the register as being the address of the registered keeper;

(c)in respect of the owner—

(i)by leaving it at his usual or last known address; or

(ii)by sending it by the registered post service, addressed to the owner at his usual or last known address; or

(d)if the person is a body corporate, by delivering it to the secretary or clerk of the body at its registered or principal office, or sending it by the registered post service, addressed to the secretary or clerk of the body at that office.

Release of vehicles

5.—(1) Subject to the provisions of these Regulations, if, before a relevant motor vehicle is disposed of by an authorised person, a person—

(a)satisfies the authorised person that he is the registered keeper or the owner of that vehicle;

(b)pays to the authorised person such a charge in respect of its seizure and retention as is provided for in regulation 6; and

(c)produces at a police station specified in the seizure notice a valid certificate of insurance covering his use of that vehicle and a valid licence authorising him to drive the vehicle,

the authorised person shall permit him to remove the vehicle from his custody.

(2) Where a person satisfies paragraph (1)(a) and (b) but cannot satisfy paragraph (1)(c), and nominates for this purpose a third person who produces a valid certificate of insurance covering that person’s use of that vehicle and a valid driving licence authorising that person to drive that vehicle, the authorised person shall permit that person to remove the vehicle from his custody.

(3) In determining whether he is satisfied that a person who claims to be the owner of a relevant motor vehicle is in fact the owner, an authorised person may consider such documentary evidence as that person may supply them.

(4) In determining whether he is satisfied that a person who claims to be the registered keeper of a relevant motor vehicle is in fact the relevant keeper, an authorised person shall refer to the register.

(5) A person who would otherwise be liable to pay a charge under paragraph (1) shall not be liable to pay if—

(a)he was not driving the vehicle at the time it was seized under section 165A of the 1988 Act; and

(b)he did not know that the vehicle was being driven at that time, had not consented to its being driven and could not, by the taking of reasonable steps, have prevented it from being driven.

Charges in relation to the seizure and retention of a motor vehicle

6.—(1) The charge payable under regulation 5(1) shall be—

(a)in respect of the vehicle’s seizure, £105; and

(b)in respect of retention, £12 for each period of 24 hours or a part thereof during which the vehicle is in the custody of the authorised person.

(2) For the purposes of paragraph (1)(b), each period of 24 hours shall be calculated from noon on the first day after seizure during which the place at which the vehicle is stored is open for the claiming of vehicles before noon.

Disposal of motor vehicles

7.—(1) Subject to paragraph (2), the authorised person may, in such manner as he thinks fit, dispose of the vehicle at any time if—

(a)where the registered keeper and owner of the vehicle appear to be the same person—

(i)that person fails to comply with any requirement in a seizure notice given to him under regulation 4(2); or

(ii)the authorised person was not able, having taken such steps as were reasonably practicable, to give a seizure notice to that person;

(b)where the registered keeper and owner appear to be different—

(i)where a seizure notice was given to both of those persons under regulation 4(2), neither the registered keeper nor the owner of the vehicle comply with all requirements in that seizure notice;

(ii)where the authorised person was only able, having taken such steps as were reasonably practicable, to give a seizure notice to one of those persons under regulation 4(2), that person failed to comply with any requirement in that seizure notice; or

(iii)the authorised person was not able, having taken such steps as were reasonably practicable, to give a seizure notice to either the registered keeper or the owner.

(2) The authorised person may not dispose of the vehicle under this regulation—

(a)during the period of 14 days starting with the date on which the vehicle was seized;

(b)if the period in sub-paragraph (a) has expired, until after the date specified in the seizure notice in accordance with regulation 4(4)(c); or

(c)if not otherwise covered by sub-paragraph (a) or (b), during the period of 7 working days starting with the date on which the vehicle is claimed under regulation 5.

Payment of proceeds of sale to owner of vehicle

8.—(1) Where the authorised person disposes of a motor vehicle in pursuance of these Regulations by means of sale, he shall pay the net proceeds of sale to any person who, before the end of the period of one year beginning with the date on which the vehicle is sold, satisfies the authorised person that at the time of the sale he was the owner of the vehicle.

(2) If it appears to the authorised person that more than one person is the owner of a particular vehicle, such one of them as the authorised person thinks fit shall be treated as its owner for the purposes of paragraph (1).

(3) In this regulation, “the net proceeds of sale” means any sum by which the proceeds of sale exceed the aggregate of such sums as may be payable under these Regulations in respect of the seizure and retention of the vehicle.

Paul Goggins
Parliamentary Under Secretary of State
Home Office
13th June 2005

Explanatory Note

(This note is not part of the Regulations)
Under section 165A of the Road Traffic Act 1988 (“the 1988 Act”) (retention etc of vehicle seized under section 165A) the police have certain powers to seize and remove motor vehicles. These Regulations provide for the retention, safe keeping and disposal by the police or persons authorised by them, of vehicles seized under those powers.
Under regulation 4(1), a constable seizing a vehicle under section 165A of the 1988 Act is required to give a seizure notice to the driver of that vehicle unless the circumstances make it impracticable for him to do so. Under regulation 4(2) and (4), the authorised person having custody of the vehicle so seized are obliged to take such steps as are reasonably practicable to give a seizure notice to the registered keeper and to the owner, where that appears to be someone different, of the vehicle, requiring him to claim the vehicle within a specified period being not less than 7 working days. Regulation 4(3) and (4) specifies the information that must be contained on a seizure notice. In particular, the notice must indicate that charges may be payable by that person and that a valid driving licence and certificate of insurance must be produced at a specified police station in respect of the vehicle and that the vehicle may be retained until these conditions are met. The level of charges is prescribed in regulation 6.
Where the registered keeper and, where the owner appears to be someone different, the owner of the vehicle fails to comply with any requirement in a seizure notice given to them under regulation 4(2) or where the authorised person was not able, having taken such steps as are reasonably practicable, to give a seizure notice to the registered keeper and, where the owner appears to be someone different, the owner under regulation 4(2), the authorised person may dispose of the vehicle in accordance with regulation 7.
Regulation 8 provides that where a vehicle is sold, the net proceeds of sale are payable to the owner of a vehicle, if he makes a claim within a year of the sale.


(1)
1988 c. 52. Sections 165A and 165B were inserted by section 152 of the Serious Organised Crime and Police Act 2005 (c. 15).

(2)
1994 c. 22.

(3)
1971 c. 80.