MPS FOIA Disclosure OPERATION RECLAIM

Transcription

1 OPERATION RECLAIM

2 OPERATION RECLAIM The seizure of Motor Vehicles intended or adapted for use on the road, Which are uninsured and / or being driven Not in accordance of a licence The constable has REASONABLE GROUNDS for believing that the vehicle is or was being so driven.

3 S.163 RTA Power to stop a mechanically propelled vehicle on a road. LEGISLATION S.164 RTA Power to require the driver to produce their driving licence A constable in uniform S.165 RTA Power to require the driver to produce a policy of insurance S.165A RTA Power to SEIZE a motor vehicle for no insurance and/or not in accordance of a licence

4 LEGISLATION Section 165A RTA 1988 Gives Constable in uniform the power to seize a motor vehicle being driven on the road with no insurance and / or not in accordance of a licence Constable MUST be in uniform Best practice is for the Stopping Constable to report the driver Any other Constable can seize the vehicle

5 INFORMATION The power to require the documents is there and then, not 7 days later at a police station. If they cannot produce and you have additional grounds to believe they have no insurance/licence, consider seizing the vehicle Under no circumstances will vehicles be seized for technical offences ( modified car etc check with insurance company) Officers must ALWAYS visually check and note the VIN for every vehicle using the VIN plate

6 DRIVING LICENCE Have they produced a Driving Licence? If Not, why not? Does PNC show them having a valid licence? # D/L remember to check for points and if any other licences are held Do they live nearby / or can they get licence brought to location? Record all Q&A`s on FPN / Process book

7 .IN PRACTICE Constable in uniform stops vehicle Require driver to produce D/L Driver fails to do so D/L check on PNC Shows No trace or Provisional Have reasonable grounds for believing that the vehicle being driven contravenes S87(1) RTA 1988 Complete FPN Complete seizure proforma Seize vehicle No Driving Licence

8 INSURANCE Have they produced insurance? If not, why not? Does PNC show insurance for this vehicle /driver? Is the Vehicle insured? If yes, is the driver insured to drive that vehicle? # VE checks current policy # VI checks historic policies (can go back to any date up to 7 years on VRM) What is the vehicle being used for? What is the purpose of the journey? Do they live nearby? Contact MIB Record all Q&A`s on FPN / Process book

9 INSURANCE CHECKS Always conduct a PNC check on insurance Even when given a certificate of policy at roadside it could have been cancelled and certificate NOT returned Checks are conducted to find out if the vehicle is insured, who the policy holder is and who is named on the policy to drive the vehicle (#VE on PNC)

10 INSURANCE CHECKS If MIB are contacted always get the name of the operator and the call reference number This will assist in any disputes as all calls / enquires are recorded Fully Comprehensive Cover does not ALWAYS provide cover to drive other vehicles, the policy will state if covered or not Named drivers on private policies are NOT generally covered to drive other vehicles. Only checking of the policy will confirm if covered or not

11 INSURANCE CHECKS Motor Insurance Bureau Police Liaison xxxxxx@xxx.xxx.xx Monday to Friday 0800hrs 2100hrs Saturday 0900hrs 1700hrs Further MIB enquires via Intranet on MIB website To assist MIB with enquires they require Name / DOB / H/A of driver Vehicle index / Make / Model Insurance company covered by Policy start date / type of cover Recovery available 24hrs a day 7 days a week

12 INSURANCE CHECKS If someone claims they have purchased insurance within last 7 days, contact the insurance company direct or MIB as they have up to 7 days to get that information onto PNC. Most insurance companies send confirmation s to policyholders DOES THE POLICY COVER THIS DRIVER TO DRIVE THAT VEHICLE AT THIS TIME?

13 TRADE INSURANCE Trade insurance policies can be complicated and require careful questioning Traders only have to inform insurance companies if they own the vehicle for more than 14 days, insurance company then have 7 days to contact MIB The only way to confirm if they are covered or not is to contact MIB or the insurance company direct

14 TRADE INSURANCE QUESTIONS Establish if the driver is the owner? If not who is? Under what circumstances is the vehicle being used? Who has the open certificate been issued to? What is the driver's relationship to the policyholder? If owned by the driver/ policy holder, How long have they owned it? More than 15 days???

15 Constable in uniform stops vehicle PNC + insurance check No insurance shown Warn driver about seizing the vehicle..in PRACTICE Driver insists they are insured Phone call to Insurer/MIB Insurer/MIB confirm No Insurance Have reasonable grounds for believing that the vehicle being driven contravenes S143 RTA 1988 Complete FPN And Seizure form Seize Vehicle No Insurance

16 Foreign Registered Vehicle in UK with Foreign Insurance EU Insurance has to be valid throughout the EU and no green card is required. Some insurers issue one, but there is no requirement. Vehicles from outside the EU should have a green card, a system which provides evidence of insurance from countries outside of the EU area. The insurance remains valid as long as the car is registered in the country of origin. Legal opinion is [Redacted] Therefore, foreign registered vehicles where the owner is resident here or the vehicle has been here for more than 6 months MUST NOT be seized unless the driver has or is reasonably believed to have no driving licence and/or Insurance.

17 Foreign Driver residing in or visiting the UK There is a legal requirement upon drivers who are resident in the UK to immediately register their vehicle here if they own it. Similarly, there is a legal requirement for owners to register their vehicle here if the vehicle has been here for 6 months in a 12 month period. If they choose to ignore this legal requirement then legal opinion states that offences are committed of not registering the vehicle and should be dealt with by completing form CLE2/8. A separate offence of having an incorrectly registered vehicle is also committed which can be dealt with by a 60 FPNN. The above offences do not cancel the foreign insurance policy, so if the policy is valid they are insured and Section165A does not apply.

18 MIB FOREIGN INSURANCE MIB CHECK Police Liaison xxxxxx@xxx.xxx.xx Monday to Friday 0800hrs 2100hrs Saturday 0900hrs 1700hrs MIB can now check with the following countries Lithuania, Poland, Portugal, Austria, Bulgaria, Bosnia & Herzegovina, Croatia, Estonia, Latvia, Romania, Slovak Republic, Slovenia, Czech Republic

19 SEIZED VEHICLES Officers must also be aware of and consider other search powers when dealing with the driver or occupants of any vehicle stopped. NO power exists to search on seizure Remember Criminals use cars In the past seized vehicles at the car pound have been found to contain Firearms, Offensive Weapons, Drugs and Stolen property Use relevant powers to search vehicle or even offer to help assist with removing their belongings!!

20 Inspecting of Property Recently there has been an increase of vehicles seized by police being found with drugs and prohibited items once at the car pound This obviously creates issues around lost opportunities for persons to be held accountable for criminal offences as well as health and safety issues for staff at the pounds. Although there is no power to search under 165A of the RTA, officers should be aware of the following; Regulations impose a duty to ensure the safekeeping of the vehicle and therefore there is a power to inspect the vehicle for the purpose of ensuring there is nothing in the vehicle that would interfere with its safe-keeping. This should be done at the scene to prevent loss or damage. If, in the course of the inspection, an officer suspects that offences have been committed, then he would be best advised to utilise his statutory powers of search s.1 PACE and s.23 Misuse of Drugs Act and his power of seizure s.19 PACE. This will require him to comply with his obligations under those sections. It is essential that a record be kept regarding this. If unsure always speak with a supervising officer.

21 No Insurance ADMINISTRATION FPNE 300 six points (yellow ticket red stripe) Offence code 801 / 601 ANPR operation Not In Accordance of Licence FPNE 100 three points (yellow ticket) Offence code 104 Seizure Notice top part Blue (vehicle) and Pink part ( Driver) Make sure that both FPNE and Seizure notice are correctly filled out

22 SEIZURE NOTICE Date and time of offence VRM, Make and VIN No of Vehicle Driver details as on FPN Owner details if different from driver

23 SEIZURE NOTICE SEIZURE NOTICE

24 SEIZURE Once you have decided to seize the vehicle, Contact MetCall who will create a CAD and inform the Garage Desk and a recovery truck will be dispatched to you. You MUST tell the operator that it is an Op Reclaim Recovery. Recovery time cannot be guaranteed but there is an expectation it will be, on average, within 30 minutes from the time the contractor receives the call. This will be longer on days of operations

25 INFORMATION Update the CAD with the recovery s TOA. On rare occasions there may be a need to cancel the recovery so it is important that the decision to seize is made BEFORE the recovery is requested, to keep these cancellations to an absolute minimum. If recovery is cancelled you have to justify your actions and reasons. Inspector s authority is required

26 PROPERTY You are responsible for visually confirming and noting all the property of value in the vehicle and its location on the reverse of the seizure notice. Wherever possible Valuable Property should not be left in the vehicle. When property is left, for example because it is bulky, this must be noted on the proforma. Remember to remove all perishable items Drivers should sign the property listed on the proforma. This prevents the driver later alleging that items have been stolen whilst in police possession.

27 VEHICLE When taking the car keys from the driver, make sure that you have any immobolizer / alarm fob and ensure that keys not associated with the vehicle are returned to the owner Ensure that the driver retains all necessary paperwork from the vehicle in order to collect the vehicle from the car pound Inform the driver which pound the vehicle is being recovered to, the addresses of the car pounds are on the rear of seizure notice, delete as appropriate You must ALWAYS check and record the VIN for every vehicle, from the vehicle NOT on PNC

28 CO15 CAR POUNDS The recovered vehicle will be taken by recovery to one of the two Met Car Pounds, either Perivale or Charlton. Seized vehicles will NOT under any circumstances be repositioned to a Police Station. Vehicles can only be moved by an advanced driver and with the authority of a PS. This is ONLY if they are in a dangerous position. Supervisor s name MUST be on the CAD Fees for cars and light vans are 150 recovery and 20 per day storage.

29 CO15 CAR POUNDS TP employ specialist teams at the car pounds who have a remit to deal with: People attending the pounds to retrieve vehicles Traders People who have had their vehicle seized more than once Vehicles that have been seized more than once The car pound will only return seized vehicles and its contents to registered keepers only.

30 CO15 CAR POUNDS Contact them via TPHQ mailbox Reclaim North (Perivale) TPHQ mailbox - Reclaim South (Charlton) making reference to the vehicle index and the pound where the vehicle was taken to. They can also be sent any information you may have to assist the pound (MUST make reference to the VRM) They will be able to provide you with any subsequent intelligence regarding the vehicle, who turned up to collect it, how they paid etc Any intelligence Remember update Crimint

31 No Insurance FPN's Pay or Hearing? There is NO appeal in law against their own decision to pay and accept points. [Redacted] [Redacted] An FPN has 2 options either to 'pay' or 'request a court hearing'. If a driver believes they are insured the advice should be to request a court hearing and send in a copy of the insurance with that request. If a driver turns up at the front office stating they were insured and produce a copy of the certificate it should be checked with the insurance company where possible and attached to the HORT2 and sent to Marlowe House 11th Floor immediately so if the checks haven't been able to be done due to time of day we can check with the insurers or cancel the ticket.

32 MINI CABS If you stop a mini cab or identify a taxi tout who is using their vehicle for the purpose of carrying passengers in exchange for payment, complete an insurance check. If the insurance check shows that the driver does not have insurance for HIRE AND REWARD, you can issue an FPN for no insurance and seize the vehicle. Remember to record passenger details or description When you complete the seizure notice, mark the top of the form to identify that it is a MINICAB.

33 HIRE VEHICLES Hire vehicles are a common issue Only by checking the hire agreement or confirming with the hire company direct will confirm if covered by insurance They also sometimes send confirmations as well If in doubt contact MIB

34 THINGS TO REMEMBER D/L can be checked on Name or Postcode Driver`s identity and home address MUST be confirmed to issue FPN Consider checking PNC prior to arrest Do not choose the most serious offence deal with all offences. One Endorsable offence = FPNE Two Endorsable offences = Process Book You are accountable for your actions and decisions Hand ALL necessary paperwork to driver

35 UNTAXED VEHICLES Section 33 of the Vehicle Excise and Registration Act 1994 relates to displaying a valid tax disc. On 1st September 2008 it was amended. It will no longer be an offence to use or keep a vehicle on the public road that is not displaying a valid tax disc for the first five working days of the month. The exemption will only apply if an application for a new tax disc has been made before the previous one/sorn has expired and applies throughout the UK.

36 QUESTION TIME? Remember rear of seizure notice (pink part) fully explains what is required from driver in order to collect vehicle from car pound If in doubt contact MIB or insurance company Make sure that both FPNE and Seizure notice are correctly filled out Any Questions?????