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The Law – Section 152 Serious Organised Crime & Police Act 2005 With the commencement of this part of the Serious Organised Crime & Police Act 2005 constables in uniform now have the power to seize uninsured motor vehicles and vehicles driven without a licence provided certain conditions are satisfied. To seize a vehicle any of following conditions must be satisfied:- The first condition is that: (a) A constable in uniform requires, under section 164, a person to produce his licence and its counterpart for examination, (b) The person fails to produce them, and (c) The constable has reasonable grounds for believing that a motor vehicle is or was being driven by the person in contravention of section 87(1). The second condition is that- (a) A constable in uniform requires, under section 165, a person to produce evidence that a motor vehicle is not or was not being driven in contravention of section 143, (b) The person fails to produce such evidence, and (c) A constable has reasonable grounds for believing that the vehicle is or was being so driven. The third condition is that- (a) A constable in uniform requires, under section 163, a person driving a motor vehicle to stop the vehicle, (b) The person fails to stop the vehicle, or to stop the vehicle long enough, for the constable to make such lawful enquiries as he considers appropriate, and (c) A constable has reasonable grounds for believing that the vehicle is or was being driven in contravention of section 87(1) or section 143. Section 87(1) relates to driving a motor vehicle on a road other than in accordance with a driving licence for that class of vehicle. Section 143 relates to driving a motor vehicle without a valid certificate of insurance to cover its use. Both sections are from the RTA 1988. A constable in uniform may seize the vehicle and have it removed. The power may be exercised anywhere other than a private dwelling and if necessary reasonable force can be used. If the constable is unable to seize the motor vehicle immediately as the person failed to stop. He may seize the vehicle at any time within 24hrs. A constable in uniform prior to seizing the motor vehicle must clearly warn the driver that the vehicle may be seized, UNLESS he/she produces their driving licence and its counterpart immediately or provides a valid certificate of insurance for his/her use of that motor vehicle. This warning need not be given if the circumstances make it impractical to do so. |
