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Road Safety Act 2006

Section 12 (and Schedule 4): Prohibition on driving: immobilisation, removal and disposal of vehicles

43.Section 12 and Schedule 4 will reinforce both current powers for issuing prohibition notices and the new prohibition power in section 11, which will apply where a driver does not make a payment under the Deposit Scheme requirements. They will allow vehicles issued with an immediate prohibition to be immobilised either by the enforcement officer or authorised person until such time as the prohibition requirements are satisfied or, in cases of offenders who do not have a reliable UK address, until such time as a deposit is paid or the case is settled in Court.

44.These provisions will strengthen the prohibition sanction generally, as immobilisation will physically prevent a prohibition being disregarded.  Prohibitions under current powers are usually imposed for breaches of drivers’ hours or of roadworthiness requirements. These provisions will thus also ensure that the Deposit Scheme is not open to abuse by drivers who might otherwise refuse to pay and then abscond in their vehicle, albeit under prohibition, if they thought that they would in practice incur no punishment or penalty as a result of quickly leaving the country.

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