fatherpierre

Introduction

On 1 January 2003 the Police Reform Act 2002 gave police new powers to deal with the anti-social use of motor vehicles on or off public roads. The powers, which are built on existing road traffic legislation, may only be exercised if the driver is using the motor vehicle both anti-socially and committing an offence under either Section 3 Road Traffic Act 1988 (Careless and Inconsiderate driving) or Section 34 Road Traffic Act 1988 (Prohibition of driving motor vehicles elsewhere than on roads).

The provisions apply to any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads.

Police powers

Section 59 of the act gives a police constable in uniform the following powers in respect of a motor vehicle he has reasonable grounds to believe is being used or has been used in such a way as to cause or be likely to cause alarm, distress, or annoyance to members of the public:

If the motor vehicle is moving, to order the person driving it to stop the vehicle (failure to stop is a specific offence under the act);

Seize and remove the motor vehicle;

To enter premises, where there are reasonable grounds to believe the vehicle is. There is no authority to enter a private dwelling house. 'Private dwelling house' does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house;

Use reasonable force if necessary to exercise the preceding powers;

These powers can be given by designation to a Police Community Support Officer (PCSO). The power of entry can be exercised by a PCSO only when in the company and under the supervision of a constable. All Metropolitan Police Service (MPS) PCSOs have been designated to exercise these powers.

The powers can only be used:

On a road or other public place, where the motor vehicle is being driven without due care and attention or without reasonable consideration for others in contravention of Section 3 of the Road Traffic Act 1988; or

Off-road, where it is being driven without lawful authority on common land, moorland or any other land that does not form part of the road or on a footpath or bridleway in contravention of Section 34 of the 1988 Act.

Warnings

A constable may not seize a motor vehicle unless:

he/she has warned the person using the vehicle that he will seize it, if that use continues or is repeated; and

it appears to him/her that the use has continued or been repeated after the warning.

Although a warning may be given verbally and there is no legal obligation for police to provide this in a written format, it has been identified as good practice to also provide a written copy of the warning. This is reproduced below for local use.





A warning is not required to be given by a constable on any occasion on which he/she would otherwise have the power to seize a motor vehicle if:

the circumstances make it impracticable for him/her to give the warning;

the constable has already on that occasion given a warning in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person;

the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him/her; or

the constable has reasonable grounds for believing that the person whose use of that motor vehicle on that occasion would justify the seizure is a person to whom a warning has been given (whether or not by that constable or in respect of the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months.

Full details of the incident, including any warning given, must be recorded in Book 114 and filed on borough.

Warnings will not, at present, be recorded on the Police National Computer. The Association of Chief Police Officers is currently reviewing this aspect and further guidance will be published when available. All warnings within the MPS are to be recorded locally and are valid for a period of 12 months. This must be edited to comply with data standards. 'Vehicle Seizure Warning' must be entered in the subject field; this will assist with retrieval at a later date.
Seizure of vehicles

The Police (Retention and Disposal of Motor Vehicles) Regulations 2002 provide the power for the retention, safekeeping, release and in certain circumstances disposal of motor vehicles.

When arranging a pre-planned operation please contact the MPS Vehicle Recovery and Storage Service (VRSS) as soon as possible. The VRSS will provide a liaison officer to assist with the planning and provision of removal resources.

Once a motor vehicle is seized contact who will arrange recovery and storage. It is the responsibility of the seizing officer to stay with the motor vehicle, where possible, pending the arrival of a vehicle removal unit. The motor vehicle must be secured and positioned legally and safely. The keys of the vehicle are not to be retained by the officer but are to be handed to the driver of the removal truck against a pocket-book receipt.

Once the vehicle is removed to a vehicle pound the VRSS will arrange to serve a Notice of Seizure on the vehicle owner or apparent owner as soon as possible, informing him/her where the motor vehicle was seized, where it is being kept, that it must be claimed within 21 days and that a prescribed charge (currently £105 and £12 per day storage) is payable before it is released.

J4CKO

iTrader: (1)

Come on Micky, you got spotted driving like a tit, your defence sounds as plausible as the seller of that dodgy VXR 220 !

What seems like acceptable driving when you are in the car might not seem to be so to the off duty copper, probably a right road captain, IAM teaching, righteous ****, especially if you have a loud exhaust, drive a nondescript blue Saab turbo and nobody gets wound up, Scoobs make people react, sometimes badly through righteous indignation, annoyance and not as common these days, jealousy.

Dont play into their hands, simple as that.

Luminous

iTrader: (3)

That could be read as you suggesting we should sell up our non-PC scoobies and get something that other people do not find offensive. Thats a few I don't agree with, and if I were to sell my car to "conform" then I would have played into their hands "hook, line and sinker".

StickyMicky

i might have!!!!!??!!!!

i don't recall any of it, i`m not trying to squirm out of anything, i just think its a bit "suss"

you know when you have done wrong, and i cant remember any wrong