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(This note is not part of the Regulations)
Under section 165A of the Road Traffic Act 1988 (“the 1988 Act”) (retention etc of vehicle seized under section 165A) the police have certain powers to seize and remove motor vehicles. These Regulations provide for the retention, safe keeping and disposal by the police or persons authorised by them, of vehicles seized under those powers.
Under regulation 4(1), a constable seizing a vehicle under section 165A of the 1988 Act is required to give a seizure notice to the driver of that vehicle unless the circumstances make it impracticable for him to do so. Under regulation 4(2) and (4), the authorised person having custody of the vehicle so seized are obliged to take such steps as are reasonably practicable to give a seizure notice to the registered keeper and to the owner, where that appears to be someone different, of the vehicle, requiring him to claim the vehicle within a specified period being not less than 7 working days. Regulation 4(3) and (4) specifies the information that must be contained on a seizure notice. In particular, the notice must indicate that charges may be payable by that person and that a valid driving licence and certificate of insurance must be produced at a specified police station in respect of the vehicle and that the vehicle may be retained until these conditions are met. The level of charges is prescribed in regulation 6.
Where the registered keeper and, where the owner appears to be someone different, the owner of the vehicle fails to comply with any requirement in a seizure notice given to them under regulation 4(2) or where the authorised person was not able, having taken such steps as are reasonably practicable, to give a seizure notice to the registered keeper and, where the owner appears to be someone different, the owner under regulation 4(2), the authorised person may dispose of the vehicle in accordance with regulation 7.
Regulation 8 provides that where a vehicle is sold, the net proceeds of sale are payable to the owner of a vehicle, if he makes a claim within a year of the sale.
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