Part 4Police powers etc.
Chapter 2Provisions modifying and supplementing police powers
Seizure of motor vehicles
59 Vehicles used in manner causing alarm, distress or annoyance
(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 section 3 or 34 of the Road Traffic Act 1988 (c. 52) (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 subsection (3).
(2)
A constable in uniform shall also have the powers set out in subsection (3) where he has reasonable grounds for believing that a motor vehicle has been used on any occasion in a manner falling within subsection (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 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 paragraphs to (a) to (c).
F1(4)
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F2(5)
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(6)
A person who fails to comply with an order under subsection (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)
Subsection (3)(c) does not authorise entry into a private dwelling house.
(8)
The powers conferred on a constable by this section shall be exercisable only at a time when regulations under section 60 are in force.
(9)
In this section—
“driving” has the same meaning as in the Road Traffic Act 1988 (c. 52);
“motor vehicle” means any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads; 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.