The Public Service Vehicles (Enforcement Powers) Regulations 2009

Informing persons that their property has been detained etc

9.—(1) Subject to regulation 18(1), this regulation applies in relation to—

(a) a vehicle detained by virtue of regulation 3; or

(b) any contents so detained, or any personal effects remaining on a vehicle so detained, which it has not been possible to return to the person entitled to their return.

(2) Where this regulation applies an authorised person must—

(a) publish a notice in at least one newspaper circulating in such areas as the authorised person considers appropriate in the circumstances of the case, and

(b) publish a notice—

(i) if the property was detained, or remained on a vehicle that was detained, in England or Wales, in the London Gazette, or

(ii) if the property was detained, or remained on a vehicle that was detained, in Scotland, in the Edinburgh Gazette,

containing the information described in paragraph (4).

(3) A copy of the notice published in accordance with paragraph (2) must be served by the authorised person 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 Association of British Insurers; and

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

(4) The information is—

(a) a brief description of the vehicle and contents detained, or personal effects remaining on a vehicle so detained, including the registration mark (if any) of any vehicle;

(b) the time and place at which, and the powers under which, the vehicle was detained;

(c) the procedure under which, and the date by which—

(i) an application may be made to the traffic commissioner for the area in which the vehicle was detained for the return of any vehicle so detained; or

(ii) a person may claim any contents or personal effects which have not been disposed of in accordance with regulation 18(1);

(d) a statement that if, by the date specified by virtue of sub-paragraph (c), no person has made an application to the traffic commissioner in accordance with regulation 11, the authorised person intends to allow the vehicle to be disposed of in accordance with regulation 16; and

(e) a statement that if, by the date specified by virtue of sub-paragraph (c), no person has sought to establish that they are entitled to the return of contents or personal effects, the authorised person intends to allow the contents or personal effects to be disposed of in accordance with regulation 18(2).

(5) The date specified by virtue of paragraph (4)(c) must be no less than 21 days after the date by which all the obligations prescribed in paragraph (2) have been fulfilled.