14500 POLICY REMOVAL & RECOVERY OF VEHICLES

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1 Version 4.4 Last updated 08/06/2018 Review date 08/06/2019 Equality Impact Assessment Low Owning department RPU 1. About This Policy 1.1. This policy describes the approach of Hampshire Constabulary when dealing with the recovery, storage, retention and disposal of vehicles when they are: a) Stolen b) Broken Down c) Burnt Out d) Involved in road traffic collisions e) Involved in fatal or potentially fatal collisions f) Abandoned g) Seized because they are, or have been used in crime h) Used whilst uninsured or unlicensed i) Used in an antisocial manner j) Broken down police vehicles k) Prisoners vehicles l) DVLA seizures 1.2. The policy is aimed at all police officers and police staff. 2. General Principles 2.1. The approach of Hampshire Constabulary in relation to the recovery and retention of vehicles reflects the policing priorities and Road Safety Strategy of Hampshire Constabulary in assuring the safety, security and efficiency of the strategic road network. 3. Statement of Policy 3.1. Further advice on the matters in this section can be found on the Vehicle Recovery Scheme Intranet pages Hampshire Constabulary is committed to working with other agencies to ensure, as far as possible, the free flow of traffic, thus assisting members of the public to go about their business unhindered. Broken down or abandoned motor vehicles can be a source of traffic congestion, danger and extreme irritation Collision damaged vehicles can cause similar difficulties. It is the policy of the Hampshire Constabulary to use the powers granted under the

2 Road Traffic Regulation Act 1984 and the Removal & Disposal of Vehicle Regulations 1986 following collisions. Where an owner/driver wishes to make their own arrangements for the recovery of a vehicle, officers will permit this provided that the arrangements are, in the opinion of the officer, suitable and expedient given the circumstances. Officers should be satisfied that any recovery operator is suitably trained and equipped to safely deal with the situation. Where working on the strategic road network (SRN) that operator should ideally be compliant with BSI PAS43. A list of compliant organisations is available on the SURVIVE Group internet site at Officers who arrange the recovery of a vehicle through the force recovery system will be deemed to have exercised their statutory powers Vehicles which have been stolen and subsequently abandoned are often restolen or subjected to vandalism or thefts from the vehicle. Hampshire Constabulary will protect the owner s property by recovering the vehicle to an approved garage from where it may be collected. When reporting the theft of a vehicle, the loser will be informed of the recovery policy and that there are associated charges prescribed by law. If, at the time of reporting, the aggrieved expressly requests that the force does not recover the vehicle, it will not generally be recovered against the wishes of the owner and a marker to that effect will be placed on the PNC. Regardless of the wishes of the owner, however, the vehicle may still be removed if the vehicle has been abandoned in such a position that it is causing danger or obstruction and must be removed immediately. The recovery charges are payable in such cases A vehicle may be seized for forensic purposes as part of an investigation into a specific criminal offence. As part of the Constabulary s aim to prevent and detect crime, recovered stolen vehicles will, where possible, be forensically examined whilst in the possession of the Constabulary In furtherance of the Roads Policing Strategic Plan, Hampshire Constabulary is committed to the seizure of vehicles in accordance with the Road Traffic Act 1988 (S.165A) where they are used by unlicensed drivers or without insurance. Additionally, as authorised by the Police Reform Act 2002 (S.59), vehicles will be seized from persons who drive in a manner causing alarm, distress or annoyance subsequent to a warning having been given for such actions Officers will ensure that any vulnerable person who had been travelling in a vehicle which has been recovered will be taken to a place of safety and will be assisted, as far as is reasonably possible, to make arrangements to continue their journey to their intended destination. Recovery operators will assist in this provided that their personnel are not, themselves, put in a position of actual or perceived danger. Police Officers will always ensure that no person will ever be left in a position where they are exposed to danger following the recovery of a vehicle in which they had been travelling The principles of the NPCC Road Death Investigation Manual have been adopted by Hampshire Constabulary. To ensure the most thorough of investigations is

3 possible and to ensure any defendant s right to a fair trial, vehicles involved in fatal or potentially fatal road traffic collisions will normally be recovered as would apply to other vehicles involved in collisions (Para 3.3 above), and will normally be subjected to a forensic mechanical examination Hampshire Constabulary is committed to increasing the number of crimes that are detected. Where vehicles have been involved in crime, they can be recovered and retained whilst forensic examination takes place; as provided for in the Police & Criminal Evidence Act It is the policy of Hampshire Constabulary that the owners of vehicles will not be deprived of their use for longer than is necessary and only as permitted by law. Accordingly, once examined, the vehicles will be returned expeditiously and appropriately. Where no owner can be identified, the vehicle will be disposed of in accordance with the terms of the Police Property Act There are cases where the vehicle itself is the subject of the crime and a subsequent indictment (e.g. vehicles which have had their identities permanently altered or have been involved in serious collisions), or where they have been involved in very serious criminal incidents (e.g. used as a murder weapon). To ensure the rights of the defendant to a fair trial it may sometimes be necessary to retain the vehicle for longer. Hampshire Constabulary will balance the defendants rights to a fair trial against the owner s right to peaceful enjoyment of their possessions In furtherance of the partnership approach, the removal of abandoned end of life vehicles on and off the highway will be the responsibility of the Local Authority. The Constabulary has agreed a strategy with each of the local authorities in relation to this responsibility The Constabulary has adopted powers devolved from the DVLA and, where appropriate, will remove from the road vehicles which are being used and where there is an outstanding liability to Vehicles Excise Duty. These devolved powers do not apply to vehicles of taxation class Disabled. This class of recovery will be undertaken in accordance with the DVLA Codes of Practice The role of Hampshire Constabulary in dealing with the recovery and retention of vehicles is based upon powers and obligations contained in the following statutes and Regulations: a) Road Traffic Regulation Act 1984 b) Criminal Justice & Public Order Act c) Road Traffic Act 1988 d) Police Reform Act 2002 e) Removal & Disposal of Vehicles regulations 1986

4 f) Police & Criminal Evidence Act 1984 g) Proceeds of Crime Act 2002 h) Criminal Proceedings and Investigations Act 1996 i) Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations The way in which Hampshire Constabulary implements this policy will be in keeping with the requirements and considerations of the following additional statutes: a) The Human Rights Act 1998 b) The Freedom of Information Act 2000 c) Equality Act Implications of the Policy 4.1. Financial Implications / Best Value The Vehicle Recovery Scheme was established in The administration of the scheme is funded by the scheme itself. It accordingly provides best value for money The return of vehicles which have been seized using powers granted by the Removal & Disposal of Vehicles regulations 1986, Road Traffic Act 1988 (S165) and Police Reform Act 2002 (S59) are subject to the payment of Statutory fees to the Chief Constable. Although collected by contractors on his/her behalf, all such fees must be accounted for to the Chief Constable. Once such payment, or a genuine offer to pay, is made within prescribed time limits, the vehicle will be returned to the owner; or retention under this legislative provision will cease The costs involved in the recovery of vehicles which are seized for police purposes are paid from a budget managed by the Vehicle Recovery Scheme All charges relating to recovery services paid for by the Constabulary are processed by the Vehicle Recovery Scheme Fees in respect to recovery charges are out of the scope of VAT Staffing / Training Hampshire Constabulary Vehicle Recovery Scheme is responsible for the management of the recovery of all vehicles recovered by the Constabulary in Hampshire and the Isle of Wight.

5 The Constabulary is assisted in these matters by authorised Recovery Agents which have their roles and responsibilities defined by a formal contract. The granting of a contract to any garage is subject to an appropriate tendering process and also subject to defined quality assurance of the business, equipment and staff (minimum ISO 9001 (2000) and PAS43 standard) For Health & Safety reasons, police personnel are not permitted to drive vehicles other than officially authorised vehicles such as fleet, trial and hire vehicles and those for which an allowance is paid. An exception to this is where the vehicle is driven over short distances in order to secure vehicles or persons from danger. Vehicles will always be recovered by professional contractors to Hampshire Constabulary or by equivalent force contractors if vehicles are seized in other force areas. In such cases, the Vehicle Recovery Scheme will arrange repatriation of the vehicle to Hampshire Bureaucracy All administration relating to the recovery, transportation, storage and disposal of all vehicles recovered by Hampshire Constabulary will be undertaken by staff of the Vehicle Recovery Scheme, assisted by the contracted garages Risks There is no specific health and safety risk identified as associated with this policy other than those specifically outlined in this document Incorrect recovery of vehicles can have financial implications This policy has been compiled after consultation with the Crown Prosecution Service, Scientific Services Department, Criminal Justice Unit and Joint Operations Unit (Roads Policing). 5. Monitoring and Evaluation 5.1. This policy will be continuously monitored by the manager of the Vehicle Recovery Scheme through regular contact with personnel and recovery operators. 6. Review 6.1. The policy will be reviewed every three years by the Manager of the Vehicle Recovery Scheme. The review will consider changes in legislation and amendments to the standard contract awarded to recovery operators working within the Vehicle Recovery Scheme.

6 7. Related Policies, Procedures and Information Sources 7.1. Related Policies Policy Property Policy Road Traffic Collisions 7.2. Information Sources This policy makes reference to the NPCC Road Death Investigation Manual The seizure of vehicles under devolved DVLA powers are subject to the DVLA Codes of Practice and Memorandum of Understanding between DVLA and the Chief Constable AD203 Equality Impact Assessment Origin: Joint Operations - Roads Policing Unit