Valid from 09/06/2008
180B.—(1) Paragraph (4) applies if any of the following conditions is satisfied.
(2) The first condition is that–
(a)a constable in uniform requires, under Article 180(2), a person to produce evidence that a motor vehicle is not or was not being driven in contravention of Article 90;
(b)the person fails to produce such evidence; and
(c)the constable has reasonable grounds for believing that the vehicle is or was being so driven.
(3) The second condition is that–
(a)a constable in uniform requires, under Article 180(1), a person driving a motor vehicle to stop the vehicle;
(b)the person fails to stop the vehicle, or to stop the vehicle long enough, for the constable to make such lawful enquiries as he considers appropriate; and
(c)the constable has reasonable grounds for believing that the vehicle is or was being driven in contravention of Article 90.
(4) Where this paragraph applies, the constable may–
(a)seize the vehicle in accordance with paragraphs (5) and (6) and remove it;
(b)enter, for the purpose of exercising a power falling with sub-paragraph (a), any premises (other than a private dwelling house) on which he has reasonable grounds for believing the vehicle to be;
(c)use reasonable force, if necessary, in the exercise of any power conferred by sub-paragraph (a) or (b).
(5) Before seizing the motor vehicle, the constable must warn the person by whom it appears that the vehicle is or was being driven in contravention of Article 90 that he will seize it if the person does not provide him immediately with evidence that the vehicle is not or was not being driven in contravention of that Article.
But the constable is not required to give him such a warning if the circumstances make it impracticable for him to do so.
(6) If the constable is unable to seize the vehicle immediately because the person driving the vehicle has failed to stop as requested or has driven off, he may seize it at any time within the period of 24 hours beginning with the time at which the condition in question is first satisfied.
(7) The powers conferred on a constable by this Article are exercisable only at a time when regulations under Article 180C are in operation.
(8) In this Article–
(a)a reference to a motor vehicle does not include an invalid carriage;
(b)a reference to evidence that a motor vehicle is not or was not being driven in contravention of Article 90 is a reference to a document or other evidence within Article 103(1)(b);
(c)“private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.]
F1Arts. 180B, 180C inserted (9.6.2008) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 21 (as amended by S.R. 2008/244, art. 3); S.R. 2008/244, art. 2