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

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Giving of seizure notice

4.—(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.

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