Part 4

Police powers etc.
Chapter 2

Provisions modifying and supplementing police powers

Seizure of motor vehicles

Vehicles used in manner causing alarm, distress or annoyance
59
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).
4
A constable shall not seize a motor vehicle in the exercise of the powers conferred on him by this section unless—
a
he has warned the person appearing to him to be the person whose use falls within subsection (1) that he will seize it, if that use continues or is repeated; and
b
it appears to him that the use has continued or been repeated after the warning.
5
Subsection (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 section 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 subsection 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 subsection 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 twelve months.
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.