Police Powers to Seize Untaxed & Uninsured VehiclesWhat the law says about Police powers to seize your vehicle and your rights
Police Powers To Seize Vehicles
There are two main powers that the police use to seize vehicles. This is a rough guide.
S.59 PRA 2002 is the power to seize a vehicle being used in a manner causing alarm, distress or annoyance.
A constable has to be in uniform and has to have reasonable ground for believing that a vehicle has been used in a manner which amounts to driving without due care and attention or inconsiderate driving. (s.3 RTA 1988).
Seizing Vehicles
The officers powers allow him/her to ;
a. order the driver to stop.
b. seize and remove vehicle.
c. enter premises to get the vehicle.
d. use reasonable force if necessary.
He cannot seize unless he has warned the person concerned first and the person has then continued to ignore that warning and do the same again.
The need for a warning can be dispensed with if the officer can show that he has warned before/it wasn’t practical to warn/he believes a warning has been given by another constable/he believes a warning has been given in the last twelve months – maybe in relation to a different car.
This is the power to seize for suspected driving without a licence / insurance.
The PC has to have required production of the licence/insurance on the spot. The driver has to fail to produce on the spot.
The constable then has to form the reasonable suspicion that the vehicle is not insured or the driver doesn’t have a licence (or both). The PC can also make this demand and form the reasonable suspicion if a driver fails to stop.
The PC then must warn the driver of his suspicion and his intention to seize (unless it is impracticable for him to do so).
He can then seize the vehicle straight away if they don’t produce. He can enter premises (other than a dwelling) to do so and if necessary can use reasonable force.
Do you depend on your driving licence for your job? We can help defend allegations…
Google Rating
-
I would like to thank Karen recently for putting my mind a little more at rest with regards to a second minor speeding offence … More I have yet to face. On top of a disqualification that I already have, I was dreading another court case and its such a relief that I don't have to go to court again. (Though I've yet to hear back)This phone service is invaluable as there is nothing available to help people like us. Not everyone has money to burn, nor are other solicitors interested in providing advice without huge charges.So very grateful.
-
I have had the pleasure of dealing with Dominic and his team at Patterson law. they have been amazing from start to finish … More and would not hesitate to recommend them to any friends or family in the future. Patterson law were very honest and upfront about the fees involved and the service I have received from them has been invaluable. Thanks again. 5* advise & service
Legal Requirements
There is is no legal requirement to carry the documents with you.
However, things can go wrong with police national computer or the insurance database and you can end up being wrongfully stopped. Subsequently, if you don't have them with you, it can cause huge issues.
Most reasonable officers will give someone the chance to produce, or phone their insurers at the roadside or follow them home to see the certificate.
But I have had plenty of decent law abiding clients (both male a female, young and old) left stranded at the roadside as a result of s.165A.
Do you need advice about your seized vehicle?
Please click below to ASK US A FREE QUESTION and find out how we can help you.
Testimonials
I wanted to thank you for all the good and diligent work you have done on my behalf. I am very pleased with the final outcome of my court case and most satisfied with the level of service you provided.
Dear Louise, I would like to express deep appreciation for all the work and effort you've put into my case and for ultimately getting me the decision that I wanted. Your professionalism, ease to communicate with, understanding of my problem and successful result are all testimony to your excellent legal services. I would recommend anybody with a Road Traffic Offence matter to your use your firm as they can be assured of an excellent and thorough service. Thanks again.
Having Googled for a solicitor who had expertise in the area of my alleged offence I found your firm and I have to say it I am so glad I contacted you. From the first phone call the attitude from your office was positive and informative. Once I instructed your firm officially I immediately felt that my case was at last being handled by someone who actually had an interest and knowledge and wanted to provide an exceptional service. All in all a positive experience. My thanks to all who had dealings with my case and especially to Louise for the expediency with which she dealt with the case saving me many sleepless nights. Very professional, honest from the outcome, didn't raise my hopes at getting case discharged at all. Very well done.
It is extremely rare to do a web search and stumble across a firm of any profession, and actually receive a first rate service, but that’s what’s happened in this instance. My hesitation was doubled by the fact they are located 200 miles away from me. From my initial contact through the web site, the call back was very, very fast, and the conversation put you in no doubt you were in safe hands. The contact with the secretaries was fast and efficient. The information from both the Principle Solicitor Emma Patterson and the Solicitor and Senior Case Progression Officer Louise Kippax was professional, useful, thorough and pragmatic. I wish more people in all professional services sector were as down to earth, and say it like it is! Overall, I would have no hesitation in recommending this firm. Thank you!
Great Response, Great Advice, Great Service and … Great Result – Thanks.
Frequently Asked Motor Law Questions
See All Frequently Asked Question Offence Categories Here
About Us – See here for details about our law firm.