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Vehicle seizures Section 165a & 59 (Form 659 Process - seizure…
Vehicle seizures Section 165a & 59
Section 165a RTA 1988
A Police officer in uniform
May seize a motor vehicle except for an invalid carriage if:
When a person has been required to produce
Driving licence and it counterpart for examination - failure to do so and the officer has reasonable grounds to believe that person doesn't hold a valid licence for that class of vehicle.
Insurance or evidence of a security - has failed to do so and the officer has reasonable grounds to believe that the vehicle is uninsured for use by that person.
Section 165a RTA 1988
An officer in uniform had required a person driving a <V to stop and the person has failed to stop or to stop the vehicle long enough for the officer to make such lawful enquires as they consider appropriate
The officer has reasonable grounds for believing that the vehicle is or was being driven by a person who doesn't hold a valid licence fort hat vehicle class.
Is uninsured for use by that person.
Section 1651 RTA 1988
Constable may seize the vehicle and remove is
May enter any premises (other than a private dwelling house) on which they have reasonable grounds for believing the vehicle to be.
May use reasonable force if necessary to do so.
Force Policy - Inspectors authority
Section 59 Police Reform Act 2002
Police officer or PCSO in uniform who has reasonable grounds for believing a MV is being or has been used on any occasions in manner which contravenes;
Section 3 RTA 1988 (Careless and inconsiderate driving)
Section 34 RTA 1988 (Prohibition of off-road driving)
And causing or likely to cause alarm, distress or annoyance to members of the public
Preventing and stopping ASB via vehicle use
Power to stop - where a mv is moving order them to stop
Warn them - Tell them that continued or repeated use of vehicle will result in being seized and removed.
When a person despite being warns, continues to use or repeats their use of a vehicle in the same manner, the officer may order person to stop, seize and remove vehicle
Offence - failing to stop
The warning is held on PNC for 12 months, if the person or vehicle commits the offence again the vehicle can be seized
Failure to stop motor vehicle s59(6) Police reform Act 2002 - summary offence - FIne not exceeding L3
Resonable ground to believe
A genuine reason why the officer believed the fact
They saw the vehicle doing the handbrake turns
If a report came from a member of the public
Must be a belief not suspicion.
Warnings
The person using the vehicle must be warned before a vehicle is seized
The expectations are - If it was not practical - Failed to stop
If a previous warning has been given
The warning applies to both driver and vehicle, so there is a power of seizure if
Withing 12 months of warning the person commits the offence again
Within 12 months of the wanrning the same vehicle is used to commit the offence again.
Form 649 process - warning
Complete the 659 form
Point out s59 and caution the driver if further questions are required outside of PACE
Submit an intel report
Update PNC with Warning (Person or Vehicle)
Form 659 Process - seizure
Complete 659 including attached seizure notice
Seize/remove vehicle
Inspectors authority
Request removal through communications
Remain with vehicle
Owner pays for recovers/storage