Serious Organised Crime and Police Act 2005

The Act

Commentary on Sections

Part 5: Miscellaneous

Section 152: Power to seize etc. vehicles driven without licence or insurance

390.This section inserts new sections 165A and 165B into the Road Traffic Act 1988 (“the 1988 Act”). It gives the police a specific power to seize immediately vehicles which are detected being used by uninsured drivers or drivers who do not have a valid licence, and for the vehicle to be removed, released or disposed of in accordance with regulations made by the Secretary of State. Those regulations are likely to require payment of prescribed charges, and the production of a valid insurance certificate or licence, in connection with the release of a vehicle.

391.Subsection (1) of new section 165A sets out that the new powers provided by subsection (5) can be exercised only when one of the conditions set out in subsections (2) to (4) is met. The conditions in subsections (2) and (3) are that a constable in uniform has required a person to produce his licence and counterpart or evidence of insurance, the person has not done so and the constable has reasonable grounds to believe that a vehicle is or had been driven by a person not appropriately insured against third party risk or without a valid licence. The condition in subsection (4) is that a constable in uniform has required a vehicle to stop, but it has not stopped or stopped long enough for appropriate enquiries and the constable has reasonable grounds for believing that the vehicle is being driven without appropriate insurance or a valid licence. Subsections (2) to (4) refer to the constable using the powers he already has under section 163 of the 1988 Act (to stop a vehicle), under section 164 of the 1988 Act (to require production of licence and counterpart) and under section 165 of the 1988 Act (to require the production of insurance documents). Under subsection (5) of new section 165A the officer would have the power to seize and remove the vehicle, a power to enter premises (other than a private dwelling house) on which he has reasonable grounds for believing the vehicle to be in order to effect the seizure and a power to use reasonable force, if necessary for these purposes.

392.New section 165B allows the Secretary of State to make regulations that set the procedures and arrangements for removal, retention, release and disposal of vehicles, including prescribed charges and periods, and arrangements for notifying the registered keeper, owner or driver. The seizure power in new section 165A will not come into effect until regulations under new section 165B are made.

393.The provision required by subsection (3) of new section 165B excuses from any payment a registered keeper or owner who could demonstrate that he was not driving the vehicle at the time, that the seized vehicle had been used without his knowledge and consent and that he could not reasonably have prevented it from being driven.