The Road Traffic (Northern Ireland) Order 1981 (Retention and Disposal of Seized Motor Vehicles) Regulations (Northern Ireland) 2008

Made: 11th December 2008

Laid before Parliament: 16th December 2008

Coming into operation-: 6th January 2009

The Secretary of State makes the following Regulations in exercise of the powers conferred on him by Article 180C of the Road Traffic (Northern Ireland) Order 1981[^f00001].

Citation and commencement

1

These Regulations may be cited as the Road Traffic (Northern Ireland) Order 1981 (Retention and Disposal of Seized Motor Vehicles) Regulations (Northern Ireland) 2008 and shall come into operation on 6 January 2009.

Interpretation

2

In these Regulations—

• “the 1981 Order” means the Road Traffic (Northern Ireland) Order 1981;

• “the 1994 Act” means the Vehicle Excise and Registration Act 1994[^f00002];

• “authorised person” means a constable or such other person authorised by the Chief Constable under regulation 3(1);

• “certificate of insurance” is to be construed in accordance with Article 92(4) of the 1981 Order;

• “laden” means that the vehicle is carrying a load;

• “load” means anything other than— the body and all parts of the vehicle which are necessary to or ordinarily used with the vehicle when working on a road; any water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle; the driver, any passengers and their personal effects; a crane, works truck as defined in regulation 2(1) of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999[^f00003], or other special appliance or apparatus which is a permanent or essentially permanent fixture of the vehicle; and any containers or other equipment intended or adapted for the purpose of holding or carrying a load by the vehicle;

• “MAM” means maximum authorised mass as defined in regulation 2(1) of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996 [^f00004]

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

• “off road” means that no part of the vehicle is in contact with the road;

• “on road” means that any part of the vehicle is in contact with the road;

• “owner” includes— 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; 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 Article 180B of the 1981 Order;

• “road” includes a public road and any street, carriageway, highway or roadway to which the public has access;

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

• “substantially damaged” means such damage to a vehicle that in the reasonable opinion of a constable it cannot be driven safely on the road;

• “two wheeled vehicle” means a mechanically propelled vehicle constructed or adapted to have two wheels or less and the MAM of which does not exceed 3.5 tonnes;

• “unladen” means that the vehicle is not carrying a load;

• “valid licence” means a licence to drive a motor vehicle granted under Part II of the 1981 Order, a Community licence, an exchangeable licence or a Great Britain driving licence, and for this purpose the terms “Community licence” and “exchangeable licence” have the same meaning as given in Article 19D of the 1981 Order;

• “working days” shall be taken to exclude Saturdays, Sundays, Christmas Day and any day which, under the Banking and Financial Dealings Act 1971[^f00005] is a bank holiday in Northern Ireland.

Retention and safe keeping of motor vehicles

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• (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 Constable (“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

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• (1) A constable, on seizing a vehicle under Article 180B of the 1981 Order, 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 NI registration mark, or a mark indicating registration in a place outside Northern Ireland, 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), the 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

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• (1) Subject to the provisions of these Regulations, if, before a relevant motor vehicle which 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 Article 180B of the 1981 Order; 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

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

• (a) the amount payable for the removal of the vehicle as set out in paragraph (2); and

• (b) the amount payable for the retention of the vehicle as set out in paragraph (3).

• (2) Theamount payable for the removal of the vehicle shall depend upon the condition of the vehicle, the type of vehicle and whether it is on road or off road as set out in column 1 of Table 1 and shall be the charge specified in relation to that vehicle in columns 2 to 5 of that Table, the particular charge to be determined by reference to the MAM of the vehicle as described in row 1 of that Table and, for vehicles exceeding 7.5 tonnes MAM and not falling within row 2, whether the vehicle is laden or unladen.

Vehicle position and condition	Vehicle equal to or less than 3.5 tonnes MAM	Vehicle exceeding 3.5 tonnes MAM but equal to or less than 7.5 tonnes	Vehicle exceeding 7.5 tonnes MAM but less than 18 tonnes MAM	Vehicle exceeding 18 tonnes MAM
Vehicle on road, upright and not substantially damaged or any two wheeled vehicle whatever its condition or position on or off road	£192	£256	£448	£448
Vehicle excluding a two wheeled vehicle, on road but either not upright or substantially damaged or both	£320	£832	Unladen£2561	Unladen£3842
Vehicle excluding a two wheeled vehicle, on road but either not upright or substantially damaged or both	£320	£832	Laden£3842	Laden£5763
>Vehicle excluding a two wheeled vehicle, off road, upright and not substantially damaged	£256	£512	Unladen£1281	Unladen£1921
>Vehicle excluding a two wheeled vehicle, off road, upright and not substantially damaged	£256	£512	Laden£1921	Laden£2561
Vehicle excluding a two wheeled vehicle, off road but either not upright or substantially damaged or both	£384	£1088	Unladen£3842	Unladen£5763
Vehicle excluding a two wheeled vehicle, off road but either not upright or substantially damaged or both	£384	£1088	Laden£5763	Laden£7684

• (3) Theamount payable for the retention of the vehicle, for each period of 24 hours or a part thereof during which the vehicle is in the custody of the authority, with regards to vehicles set out in row 1 of Table 2, shall be the charge specified in relation to those vehicles in row 2 of that table.

Two wheeled vehicle	Vehicle, not including a two wheeled vehicle, equal to or less than 3.5 tonnes MAM	Vehicle exceeding 3.5 tonnes MAM but equal to or less than 7.5 tonnes MAM	Vehicle exceeding 7.5 tonnes MAM but equal to or less than 18 tonnes MAM	Vehicle exceeding 18 tonnes MAM
£13	£26	£32	£38	£45

• (4) For the purposes of this regulation, the MAM of a vehicle includes the MAM of any trailer attached to that vehicle.

• (5) Forthe purposes of paragraph (2), a vehicle will only be considered upright if all parts of the vehicle are upright.

• (6) Forthe purposes of paragraph (3), each period of 24 hours shall be reckoned from noon on the first day after removal during which the place at which the vehicle is stored is open for the claiming of vehicles before noon.

Disposal of motor vehicles

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• (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

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• (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.

Signed

Paul Goggins — Minister of State — 11 December 2008

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Under Article 180C of the Road Traffic (Northern Ireland) Order 1981 (“the 1981 Order”) (retention etc. of vehicles seized under Article 180B) the police have certain powers relating to the removal etc. of vehicles seized under Article 180B of that Order. These Regulations provide for the retention, safe keeping and disposal by the police or persons authorised by them, of vehicles seized under those powers.

Regulations 1 and 2 provide for citation, commencement and interpretation.

Regulation 3 provides for the retention and safe keeping of motor vehicles by a constable or person authorised by the Chief Constable.

Under regulation 4(1), a constable seizing a vehicle under Article 180B of the 1981 Order is required to give a seizure notice to the driver of that vehicle unless the circumstances make it impractical for him to do so. Under regulation 4(2) and (4), the authorised person having custody of the vehicle so seized is 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.