PART 4ROAD TRAFFIC OFFENCES
Seizure of vehicles used in a manner causing alarm, distress or annoyance
Seizure of vehicles used in a manner causing alarm, distress or annoyance65
1
Where a constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which—
a
contravenes Article 12 or 48 of the Road Traffic (Northern Ireland) Order 1995 (NI 18) (careless and inconsiderate driving and prohibition of off-road driving), and
b
is causing, or is likely to cause, alarm, distress or annoyance to members of the public,
he shall have the powers set out in paragraph (3).
2
A constable in uniform shall also have the powers set out in paragraph (3) where he has reasonable grounds for believing that a motor vehicle has been used on any occasion in a manner falling within paragraph (1).
3
Those powers are—
a
power, if the motor vehicle is moving, to order the person driving it to stop the vehicle;
b
power to seize and remove the motor vehicle;
c
power, for the purposes of exercising a power falling within sub-paragraph (a) or (b), to enter any premises on which he has reasonable grounds for believing the motor vehicle to be;
d
power to use reasonable force, if necessary, in the exercise of any power conferred by any of sub-paragraphs (a) to (c).
4
A constable shall not seize a motor vehicle in the exercise of the powers conferred on him by this Article unless—
a
he has warned the person appearing to him to be the person whose use falls within paragraph (1) that he will seize it, if that use continues or is repeated; an
b
it appears to him that the use has continued or been repeated after the warning.
5
Paragraph (4) does not require a warning to be given by a constable on any occasion on which he would otherwise have the power to seize a motor vehicle under this Article if—
a
the circumstances make it impracticable for him to give the warning;
b
the constable has already on that occasion given a warning under that paragraph in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person;
c
the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him; or
d
the constable has reasonable grounds for believing that the person whose use of that motor vehicle on that occasion would justify the seizure is a person to whom a warning under that paragraph has been given (whether or not by that constable or in respect the same vehicle or the same or a similar use) on a previous occasion in the previous 12 months.
6
A person who fails to comply with an order under paragraph (3)(a) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
7
Paragraph (3)(c) does not authorise entry into a private dwelling house.
8
The powers conferred on a constable by this Article shall be exercisable only at a time when regulations under Article 66 are in force.
9
In this Article and Article 66—
“driving” and “motor vehicle” have the same meanings as in the Road Traffic (Northern Ireland) Order 1995 (NI 18); and
“private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.