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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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Release of vehicles

5.—(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.

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