PART XIII

GENERAL PROVISIONS AS TO OFFENCES, ENFORCEMENT, EVIDENCE AND PROCEEDINGS

Enforcement powers and powers of arrest

Retention etc. of vehicles seized under Article 180B
180C
1
The Secretary of State may by regulations make provision as to–
a
the removal and retention of motor vehicles seized under Article 180B; and
b
the release or disposal of such motor vehicles.
2
Regulations under paragraph (1) may, in particular, make provision–
a
for the giving of notice of seizure of a motor vehicle under Article 180B to a person who is the registered keeper, the owner or the driver of that vehicle;
b
for the procedure by which a person who claims to be the registered keeper or the owner of a motor vehicle seized under Article 180B may seek to have it released;
c
for requiring the payment, by the registered keeper, owner or driver of the vehicle, of fees, charges or costs in relation to the removal and retention of such a motor vehicle and to any application for its release;
d
as to the circumstances in which a motor vehicle seized under Article 180B may be disposed of;
e
as to the destination–
i
of any fees, charges or costs payable in accordance with the regulations;
ii
of the proceeds (if any) arising from the disposal of a motor vehicle seized under Article 180B.
3
Regulations under paragraph (1) must provide that a person who would otherwise be liable to pay any fee, charge or cost under the regulations is not liable to pay it if–
a
he was not driving the motor vehicle at the time in question, 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.
4
Regulations under this Article shall be subject to
negative resolution
.
5
In this Article registered keeper”, in relation to a motor vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994.
Art. 180C: functions of Secretary of State transferred to Department of Justice (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 4(1)(2), Sch. 1 (with arts. 28-31); S.I. 2010/977, art. 1(2)
Words in art. 180C(4) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 4(3), Sch. 2 para. 8(2) (with arts. 28-31); S.I. 2010/977, art. 1(2)
Arts. 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