Graduated Fixed Penalty - Vehicle Immobilisation
(Removal and Disposal)
Introduction
Immobilisation, Removal and Disposal of Prohibited Vehicles comes under Schedule 4 Road Safety Act 2006 and Road Safety (Immobilisation, Removal and Disposal of Vehicles) Regulations 2009.
Where the driving of a vehicle has been prohibited under :-
- section 99A(1) of the Transport Act 1968 (drivers' hours)
- section 1 of the Road Traffic (Foreign Vehicles) Act 1972 (foreign goods and public service vehicles)
- section 69 or 70 of the Road Traffic Act 1988 (unfit or overloaded vehicles), or
- section 90D of the Road Traffic Offenders Act 1988 (failure to make financial penalty deposit payment)
an authorised person, or a person acting under the direction of an authorised person may immobilise, remove and subsequently dispose of the vehicle in accordance with the regulations.
What follows is an outline of points 1 - 4 (above). Under each heading we have reproduced a précis of the section of the Act in question as well as including references to other sections of the Act relating to the same.
- Drivers' hours, records/recording equipment
- Foreign goods and public service vehicles
- Unfit or Overloaded vehicles
- Failure to make financial penalty deposit payment
- Authorised Person
- Further Reading
Drivers' hours, records/recording equipment
1. Power to prohibit driving of vehicle
If:-
- the driver of a UK vehicle obstructs an authorised person in the exercise of his powers under sub-section (2) or (3) of section 99 (recording equipment/records) [or under section 99ZB (power of entry)] of this Act or fails to comply with any requirement made by an authorised person under sub-section (1) of section [99 or any of sections 99ZA to 99ZC of this Act] (inspection of records and other documents)
- it appears to an authorised person that, in relation to a UK vehicle or its driver, there has been a contravention of any of the provisions of:-
- section 96 (permitted driving time and periods of duty), section 97 (recording equipment, its use and records including downloadable data) and section 98 (written records) of this Act and any orders or regulations under those sections, or
- the applicable Community rules
or that there will be such a contravention if the vehicle is driven on a road, or
- c. it appears to an authorised person that an offence under section 99(5) [or (99ZE) (false records and data)] of this Act has been committed in respect of a UK vehicle or its driver
the authorised person may prohibit the driving of the vehicle on a road either for a specified period or without limitation of time.
Foreign goods and public service vehicles
1. Power in certain cases to prohibit driving of foreign vehicle
(1) The provisions of this section shall have effect with respect to any foreign goods vehicle or foreign public service vehicle where:-
- an examiner exercises, in relation to the vehicle or its driver, any functions of the examiner under an enactment or instrument specified in the first column of Schedule 1 to this Act, or any functions of the authorised inspecting officer under a Community instrument specified in that column, or
- an authorised person exercises, in relation to the vehicle, any functions of that person under sections 78 and 79 of the Road Traffic Act 1988 (weighing of motor vehicles)
(2) If in any such a case as is mentioned in subsection (1)(a) of this section:-
- the driver obstructs the examiner in the exercise of his functions under the enactment or instrument in question, or refuses, neglects or otherwise fails to comply with any requirement made by the examiner under that enactment or instrument, or
- it appears to the examiner that, in relation to the vehicle or its driver, there has been a contravention of any of the enactments or instruments specified in the first column of Schedule 2 to this Act, or that there will be such a contravention if the vehicle is driven on a road
the examiner may prohibit the driving of the vehicle on a road, either absolutely or for a specified purpose, and either for a specified period or without any limitation of time.
(3) If in any such case as is mentioned in subsection (1) (b) of this section:-
- the driver obstructs the authorised person in the exercise of his functions under the said sections 78 and 79, or refuses, neglects or otherwise fails to comply with any requirement made by the authorised person under those sections, or
- it appears to the authorised person that any limit of weight applicable to the vehicle by virtue of regulations made under section 41 of the Road Traffic Act 1988 has been exceeded, or will be exceeded if the vehicle is driven on a road
the authorised person may prohibit the driving of the vehicle on a road, either absolutely or for a specified purpose.
(4) Where an examiner or an authorised person prohibits the driving of a vehicle under this section, he may also direct the driver to remove the vehicle (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition shall not apply to the removal of the vehicle in accordance with that direction.
(5) Where a prohibition is imposed under subsection (2) or subsection (3) of this section, the examiner or authorised person shall forthwith give notice in writing of the prohibition to the driver of the vehicle, specifying the circumstances (as mentioned in paragraph (a) or paragraph (b) or either of those subsections) in consequence of which the prohibition is imposed, and:-
- stating whether the prohibition is on all driving of the vehicle or only on driving it for a specified purpose (and, if the latter, specifying the purpose), and
- where the prohibition is imposed under subsection (2) of this section, also stating whether it is imposed only for a specified period (and, if so, specifying the period) or without limitation of time;
and any direction under subsection (4) of this section may be given either in that notice or in a separate notice in writing given to the driver of the vehicle.
(6) In the case of a goods vehicle:-
- a prohibition under subsection (2)(b) above, by reference to a supposed contravention of section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition etc.) or regulations under section 41 of that Act (construction, weight, equipment etc. of motor vehicles and trailers), may be imposed with a direction making it irremovable unless and until the vehicle has been inspected at an official testing station
- a prohibition under subsection (3) above may be against driving the vehicle on a road until the weight has been reduced and official notification has been given to whoever is for the time being in charge of the vehicle that it is permitted to proceed
(7) Official notification for the purposes of subsection (6) (b) above must be in writing and be given by an authorised person and may be withheld until the vehicle has been weighed or re-weighed in order to satisfy the person giving the notification that the weight has been sufficiently reduced.
Unfit or Overloaded vehicles
69. Power to prohibit driving of unfit vehicles
(1) If on any inspection of a vehicle under section 41, 45, 49, 61, 67, 68 or 77 of this Act it appears to a vehicle examiner that owing to any defects in the vehicle it is, or is likely to become, unfit for service, he may prohibit the driving of the vehicle on a road:-
- absolutely, or
- for one or more specified purposes, or
- except for one or more specified purposes
(2) If on any inspection of a vehicle under any of the enactments mentioned in subsection (1) above it appears to an authorised constable that owing to any defects in the vehicle driving it (or driving it for any particular purpose or purposes or for any except one or more particular purposes) would involve a danger of injury to any person, he may prohibit the driving of the vehicle on a road:-
- absolutely, or
- for one or more specified purposes, or
- except for one or more specified purposes
(3) A prohibition under this section shall come into force as soon as the notice under subsection (6) below has been given if:-
- it is imposed by an authorised constable, or
- in the opinion of the vehicle examiner imposing it the defects in the vehicle in question are such that driving it, or driving it for any purpose within the prohibition, would involve a danger of injury to any person
(4) Except where subsection (3) applies, a prohibition under this section shall (unless previously removed under section 72 of this Act) come into force at such time not later than ten days from the date of the inspection as seems appropriate to the vehicle examiner imposing the prohibition, having regard to all the circumstances.
(5) A prohibition under this section shall continue in force until it is removed under section 72 of this Act.
(6) A person imposing a prohibition under this section shall forthwith give notice in writing of the prohibition to the person in charge of the vehicle at the time of the inspection:-
- specifying the defects which occasioned the prohibition;
- stating whether the prohibition is on all driving of the vehicle or driving it for one or more specified purposes or driving it except for one or more specified purposes (and, where applicable, specifying the purpose or purposes in question); and
- stating whether the prohibition is to come into force immediately or at the end of a specified period
(7) Where a notice has been given under subsection (6) above, any vehicle examiner or authorised constable may grant an exemption in writing for the use of the vehicle in such manner, subject to such conditions and for such purpose as may be specified in the exemption.
(8) Where such a notice has been given, any vehicle examiner or authorised constable may by endorsement on the notice vary its terms and, in particular, alter the time at which the prohibition is to come into force or suspend it if it has come into force.
(9) In this section 'authorised constable' means a constable authorised to act for the purposes of this section by or on behalf of a chief officer of police.
70. Power to prohibit driving of overloaded goods vehicles
(1) Subsections (2) and (3) below apply where a goods vehicle, or a motor vehicle adapted to carry more than eight passengers, has been weighed in pursuance of a requirement imposed under section 78 of this Act and it appears to:-
- a vehicle examiner
- a person authorised with the consent of the Secretary of State to act for the purposes of this subsection by:-
- a highway authority other than the Secretary of State, or
- a local roads authority in Scotland, or
- c. a constable authorised to act for those purposes by or on behalf of a chief officer of police
that the limit imposed by construction and use requirements with respect to any description of weight which is applicable to that vehicle has been exceeded or would be exceeded if it were used on a road or that by reason of excessive overall weight or excessive axle weight on any axle driving the vehicle would involve a danger of injury to any person.
(2) The person to whom it so appears may, whether or not a notice is given under section 69(6) of this Act, give notice in writing to the person in charge of the vehicle prohibiting the driving of the vehicle on a road until:-
- that weight is reduced to that limit or, as the case may be, so that it is no longer excessive, and
- official notification has been given to whoever is for the time being in charge of the vehicle that it is permitted to proceed
(3) The person to whom it so appears may also by direction in writing require the person in charge of the vehicle to remove it (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition shall not apply to the removal of the vehicle or trailer in accordance with that direction.
(4) Official notification for the purposes of subsection (2) above:-
- must be in writing and be given by a vehicle examiner, a person authorised as mentioned in subsection (1) above or a constable authorised as so mentioned, and
- may be withheld until the vehicle has been weighed or reweighed in order to satisfy the person giving the notification that the weight has been sufficiently reduced
(5) Nothing in this section shall be construed as limiting the power of the Secretary of State to make regulations under section 71(2) of this Act.
Failure to make financial penalty deposit payment
Where a person on whom a financial penalty deposit requirement is imposed does not make an immediate payment of the appropriate amount the constable or vehicle examiner may prohibit the driving on a road of any vehicle of which the person was in charge at the time of the offence by giving to the person notice in writing of the prohibition - a direction may be given to move the vehicle to a specified place and subject to conditions.
It is an offence for a person to:-
- drive or cause or permit a vehicle to be driven in contravention of a prohibition under this section, or
- fail to comply within a reasonable time with any direction given
The prohibition shall come into force as soon as the notice is given, and continue in force until:-
- payment of the appropriate amount or where a fixed penalty notice was given, or a conditional offer handed, payment of the fixed penalty
- the person is convicted or acquitted of the offence or informed that he is not to be prosecuted, or
- the coming to an end of the prosecution period
Authorised Person
An authorised person is one who was authorised to prohibit the vehicle under the original enactment. Usually this includes constables, or constables authorised to exercise their powers under the enactment and vehicle examiners appointed under section 66A of the Road Traffic Act 1988.
Further Reading
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