The Public Service Vehicles (Enforcement Powers) Regulations 2009

Sale or destruction of vehicle

16.—(1) Subject to paragraphs (2) and (3), and provided a notice containing the information described in regulation 9(4) has been published and served in accordance with regulation 9(2) and (3), if—

(a) no application is made to the traffic commissioner under regulation 11 for the return of the vehicle, or

(b) such an application is made but the traffic commissioner, or the Upper Tribunal where there is an appeal under regulation 15, determines that none of the grounds specified in regulation 10(3) is made out,

the vehicle may be sold or destroyed by the nominated custodian.

(2) The nominated custodian must not sell or destroy the vehicle without the permission of the authorised person.

(3) The nominated custodian must not sell or destroy the vehicle—

(a) until any period specified in the Tribunal Procedure (Upper Tribunal) Rules 2008(1) for a notice of appeal to be provided to the Upper Tribunal has expired with no such notice of appeal having been provided; or

(b) until, where a notice of appeal has been provided to the Upper Tribunal, the appeal has been finally disposed of.

(4) After the sale or destruction of a vehicle by virtue of paragraph (1) the nominated custodian must serve notice of the disposal on—

(a) the owner of the vehicle;

(b) the traffic commissioner for the traffic area in which the vehicle was detained;

(c) the chief officer or, in Scotland, chief constable of the police force in whose area the vehicle was detained;

(d) the Driver and Vehicle Licensing Agency;

(e) the Association of British Insurers; and

(f) the British Vehicle Rental and Leasing Association, where the vehicle was hired from a vehicle-hire firm under a hiring agreement.

(5) For the purposes of paragraph (3)(b), an appeal is “finally disposed of” on the latest of the following dates—

(a) the date on which the appeal is finally determined,

(b) the date on which the time for any further appeal expires without any such appeal having been made, or

(c) the date on which the appeal is abandoned or withdrawn,

and in this paragraph “appeal” includes a reference to any further appeal or appeals.

(1)

S.I. 2008/2698. These Rules are amended by rules 3 to 23 of the Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274).