Goods Vehicles (Enforcement Powers) Regulations 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/3981 |
| Year | 2001 |
2001 No. 3981
ROAD TRAFFIC
The Goods Vehicles (Enforcement Powers) Regulations 2001
Made 11th December 2001
Laid before Parliament 14th December 2001
Coming into force 4th January 2002
The Secretary of State for Transport, Local Government and the Regions, in exercise of the powers conferred by Schedule 1A to the Goods Vehicles (Licensing of Operators) Act 19951, and of all other powers enabling him in that behalf, having consulted with representative organisations in accordance with section 57(12) of that Act, and the Council on Tribunals so far as is required by section 8 of the Tribunals and Inquiries Act 19922hereby makes the following Regulations:—
Citation and commencement
1. These Regulations may be cited as the Goods Vehicles (Enforcement Powers) Regulations 2001 and shall come into force on 4th January 2002.
Interpretation
2. In these Regulations—
“the 1995 Act” means the Goods Vehicles (Licensing of Operators) Act 1995;
“hiring agreement” has the same meaning as in section 66 of the Road Traffic Offenders Act 19883;
“immobilisation notice” has the meaning given in regulation 5(3);
“licence” means an operator’s licence (whether standard or restricted) as defined in section 2(1) of the 1995 Act;
“owner” means, in relation to a vehicle or trailer which has been detained in accordance with regulation 3—
(a) in the case of a vehicle which at the time of its detention was not hired from a vehicle-hire firm under a hiring agreement but was registered under the Vehicle Excise and Registration Act 19944, the person who can show to the satisfaction of an authorised person that he was at the time of its detention the lawful owner (whether or not he was the person in whose name it was so registered);
(b) in the case of a vehicle or trailer which at the time of its detention was hired from a vehicle-hire firm under a hiring agreement, the vehicle-hire firm; or
(c) in the case of any other vehicle or trailer, the person who can show to the satisfaction of an authorised person that he was at the time of its detention the lawful owner.
“release” in relation to a vehicle means release from an immobilisation device;
“vehicle” has the same meaning as “goods vehicle” in section 58(1) of the 1995 Act but excludes a small goods vehicle as described in Schedule 1 to that Act; and
“vehicle-hire firm” has the same meaning as in section 66 of the Road Traffic Offenders Act 1988.
Detention of property
3.—(1) Where an authorised person has reason to believe that a vehicle is being, or has been, used on a road in contravention of section 2 of the 1995 Act, he may detain the vehicle and its contents.
(2) Paragraph (1) shall not authorise a person other than a constable in uniform to stop a vehicle on any road.
Release of detained vehicles
4. A vehicle detained in accordance with regulation 3 shall be returned to the owner by or under the direction of an authorised person—
(a) when at the time the vehicle was detained the person using the vehicle held a licence (whether or not authorising the use of the vehicle); or
(b) when at the time the vehicle was detained the vehicle was not being, and had not been, used in contravention of section 2 of the 1995 Act.
Power to immobilise vehicles
5.—(1) This regulation applies where a vehicle has been detained in accordance with regulation 3.
(2) Where this regulation applies, without prejudice to the institution of proceedings for any offence under the 1995 Act, the authorised person may—
(a)
(a) fix an immobilisation device to the vehicle in the place where it has been detained; or
(b)
(b) move the vehicle, or require it to be moved, to a more convenient place and fix an immobilisation device to the vehicle in that other place.
(3) Where an immobilisation device is fixed to a vehicle in accordance with this regulation, the person fixing the device shall also fix to the vehicle a notice (an “immobilisation notice”) which indicates that—
(a)
(a) the device has been fixed to the vehicle;
(b)
(b) the vehicle may only be released from the device by or under the direction of an authorised person;
(c)
(c) the notice shall not be removed or interfered with except by or on the authority of an authorised person; and
(d)
(d) no attempt should be made to drive the vehicle or otherwise put it in motion.
Removal of, or interference with, an immobilisation notice or device
6.—(1) An immobilisation notice shall not be removed or interfered with except by or on the authority of an authorised person.
(2) A person contravening paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(3) Any person who, without being authorised to do so in accordance with regulation 7, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Release of immobilised vehicles
7. A vehicle to which an immobilisation device has been fixed in accordance with regulation 5—
(a) may be released on the direction of an authorised person; and
(b) subject to paragraph (a) above, shall be released—
(i) when at the time the vehicle was detained the person using the vehicle held a licence (whether or not authorising the use of the vehicle); or
(ii) when at the time the vehicle was detained the vehicle was not being, and had not been, used in contravention of section 2 of the 1995 Act.
Removal and delivery of property detained
8.—(1) An authorised person may direct in writing that any property detained in accordance with regulation 3 be removed and delivered into the custody of a person specified in the direction.
(2) A vehicle may be driven, towed or removed by such means as are reasonable in the circumstances and any necessary steps may be taken in relation to the vehicle in order to facilitate its removal.
(3) The contents of a vehicle may be removed separately in cases where—
(a)
(a) it is reasonable to do so to facilitate removal of the vehicle;
(b)
(b) there is good reason for storing them at a different place from the vehicle; or
(c)
(c) their condition requires them to be disposed of without delay.
(4) A person may be specified in a direction only if—
(a)
(a) he is a person appointed by an authorised person; and
(b)
(b) he has made arrangements with the Secretary of State and agreed to accept delivery of the property in accordance with those arrangements; and
(c)
(c) he has agreed with the Secretary of State to take such steps as are necessary for the safe custody of such property.
(5) The arrangements made by virtue of paragraph (4) may include the payment of a sum to a person into whose custody any property is delivered.
(6) Where an authorised person has given a direction by virtue of paragraph (1) in respect of a vehicle, he may allow the driver of the vehicle to deliver its contents to their destination or some other suitable place before delivering the vehicle into the custody of the person specified in the direction.
(7) Subject to the powers of a person specified in a direction by virtue of paragraph (1) to sell or destroy any property, it shall be the duty of that person while any property is in his custody to take such steps as are necessary for the safe custody of that property.
Notification of detention of a vehicle and its contents
9.—(1) Where a vehicle has been detained in accordance with regulation 3, an authorised person shall—
(a)
(a) publish a notice in the London Gazette if the vehicle was detained in England or Wales or in the Edinburgh Gazette if the vehicle was detained in Scotland—
(i) giving a brief description of the property detained and the vehicle’s registration mark (if any);
(ii) indicating the time and place at which, and the powers under which, it was detained by the authorised person;
(iii) stating that it may be claimed at the place and at the times specified in the notice and that, if no-one establishes within the period specified in the notice that he is entitled to the return of the vehicle, the authorised person intends to dispose of it after the expiry of that period in accordance with regulation 15;
(iv) stating that any contents which are not disposed of in accordance with regulation 17(1) may be claimed at the place and at the times specified in the notice and that, if no-one establishes within the period specified in the notice that he is entitled to the return of the contents, the authorised person intends to dispose of them after the expiry of that period in accordance with regulation 17(2); and
(b)
(b) not less than 21 days before the expiry of the period given in the notice serve a copy of the notice on—
(i) the owner of the vehicle;
(ii) the traffic commissioner in whose area the vehicle was detained;
(iii) the chief officer of the police force in whose area the property was detained;
(iv) the Association of British Insurers; and
(v) the British Vehicle Rental and Leasing Association.
(2) The period specified in a notice under paragraph (1)(a)(iii) and (iv) shall be 21 days, beginning with the date on which the notice is published under regulation 9(1)(a) or, if later, a copy of the notice is served under regulation 9(1)(b).
Applications to a traffic commissioner
10.—(1) The owner of a vehicle detained in accordance with regulation 3 may, within the period specified in regulation 9(2), apply to the traffic commissioner for the area in which the vehicle was detained for the return of the vehicle.
(2) An application under...
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