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The Motor Vehicles (Insurance Requirements) (Immobilisation, Removal and Disposal) Regulations 2011
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- UK Statutory Instruments
- 2011 No. 1120
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Regulations)
The Regulations provide for the immobilisation and removal of uninsured vehicles found stationary on roads and other public places.
Regulation 3 provides for the authorisation of persons for the purposes of the Regulations.
Regulation 4 sets out circumstances in which the Regulations do not apply.
Regulation 5 enables a person authorised by the Secretary of State to fix an immobilisation device to an uninsured vehicle.
Regulation 6 states the conditions to be fulfilled (including the payment of prescribed charges specified in Schedule 1) for the release of a vehicle from an immobilisation device.
Offences in connection with immobilisation (including unlawful interference with an immobilisation device and falsely claiming exemption to secure the release of a vehicle) are created by regulations 7 and 8.
Regulations 9 to 13 provide for the removal and disposal of vehicles under the Regulations, for the retention of a removed vehicle until prescribed charges are paid and for the conditions under which a removed vehicle can be recovered. When a vehicle has been disposed of, the owner can claim a sum equal to the proceeds of sale after deduction of prescribed charges.
Provision is made by regulation 14 for disputes about charges paid to secure the release of a vehicle from an immobilisation device, or to secure possession of it after its removal, to be referred to a person authorised by the Secretary of State. An appeal against the determination of the authorised person can be made to a magistrates’ court in England and Wales or a Sheriff Court in Scotland.
A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Pauline Morgan at the Department for Transport Tel: 0207 944 2461 or e-mail: Pauline.morgan@dft.gsi.gov.uk and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.
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