The Taxis Act (Northern Ireland) 2008 (Retention and Disposal of Seized Motor Vehicles, Equipment and Items) Regulations (Northern Ireland) 2016

Giving of seizure notice in respect of a relevant motor vehicle

5.—(1) A constable or authorised officer, on seizing a relevant motor vehicle, shall give a seizure notice in accordance with this regulation to the driver of the vehicle being seized unless the circumstances make it impracticable to do so.

(2) The Department shall, as soon as it is able after the relevant motor vehicle has been taken into custody, take such steps as are reasonably practicable to give a copy of the seizure notice in accordance with this regulation to the owner of that vehicle, except where—

(a) the Department is satisfied that a seizure notice has already been given to the owner of the vehicle under paragraph (1), or

(b) the vehicle has been released from the custody of the constable, authorised officer, or identified person in accordance with these Regulations.

(3) A seizure notice shall, in respect of the relevant motor 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) the registration mark; and

(b) the make of the vehicle.

(4) A seizure notice shall, in respect of the relevant motor 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 owner of the vehicle is required to make an application to the Department for the release of the vehicle 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 owner;

(d) that, subject to regulation 7(3), a fee is payable under regulation 7 by the owner of the vehicle to the Department for an application for release, and that the vehicle may be retained until such a fee is paid;

(e) that unless the application is made on or before that date the Department intends to dispose of it;

(f) that, subject to regulation 7(3), charges are payable under regulation 7 by the owner of the vehicle to the Department in respect of the removal and retention of the vehicle, and that the vehicle may be retained until such charges are paid; and

(g) that the registered keeper or owner of the vehicle must either—

(i) produce at the address specified on the seizure notice proof of ownership of that vehicle, 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 person who produces at the address specified on the seizure notice proof of ownership of the vehicle, 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 copy of the seizure notice given under paragraph (2) shall be given—

(a) by delivering it to the person to whom it is directed;

(b) in respect of the owner—

(i) by leaving it at the address which is entered on the register as being the address of the owner; or

(ii) by sending it by registered post, addressed to the owner to the address which is entered on the register as being the address of the owner; or

(c) 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 registered post, addressed to the secretary or clerk of the body at that office.