Under the Freedom of Information Act please provide the following information wherever it is in your possession, access or control:

Transcription

1 Freedom of Information Request Reference No: I note you seek access to the following information: Letter dated 4 December 2013 Under the Freedom of Information Act please provide the following information wherever it is in your possession, access or control: 1. Figures for the number of vehicles seized on account of no insurance (a) nationally and (b) by the met. 2. The total sums charges to owners/drivers/keepers in recovery fees following such seizures for each of the past five years. The sums raised from disposal of unrecovered vehicles. The figures should be broken down into those seized for the suspected offence of uninsured driver under S.165A of the Road Traffic Act 1988 (i.e. driver has no insurance) and (if any) those seized under the continuous insurance scheme (i.e. MID shows no record of specific insurance policy relating to the vehicle in question). 3. The number of seizures under s.165a that were (a) associated with a successful prosecution under s.143 of the Road Traffic Act 1988, (b) not followed by a prosecution and (c) followed by an unsuccessful prosecution. 4. Figures, broken down into the categories (b) and (c) above, for the numbers of seizures challenged by owners/keepers/ drivers, (i) informally and (ii) by civil proceedings, both successfully and unsuccessfully, and the sums refunded accordingly under (b) or paid out by way of damages under (c) (i) out of court settlements and (c) (ii) damages in courts. 5. Copies of all written instructions to police officers both (a) in the met and (b) nationally in respect of seizure of vehicles for no insurance, including any amendments or revisions issued in the five years to date.

2 6. Copies of any training notes or materials under by (a) the Met and (b) police forces nationally for the training of officers in the seizures of vehicles in relation to insurance offences or suspected offences. Please confirm receipt of this letter and the date by which you will respond. Letter dated 6 December Dear Sirs Please find enclosed a copy of my Freedom of Information Act request dated 4 December You responded to that request on 27 February 2014 via , copy also enclosed. The information obtained is now two years out of date. By way of anew with the relevant figures brought up to date. For ease of reference, highlighted in bold are the questions which you declined to answer, Assuming that your record keeping has not changed these will remain outside of your compliance obligations. If this is not the case please provide an answer to those questions as well as updating the response to those addressed previously. Please confirm receipt of this letter and the date by which you will respond. DECISION I have today decided to disclose the located information to you in full. Q1. Number of vehicles seized for no insurance and not in accordance with DL by the MPS/ D6 no insurance (S143 offences) and no licence (S87 offences). It should be borne in mind that Op Reclaim seizures (Op Reclaim being the MPS Operation which relates to vehicle seizures made on a daily basis) are for S143 RTA (insurance) and S87 RTA (driving licence offences). FOIA applicant is asking about S143 offences, but the MPS car pounds (VRES) can only supply total seizure figures for both offences combined.

3 Consequently the proportion of seizures resulting in a prosecution will appear to be lower than it actually is. It should also be remembered that a significant proportion of Op Reclaim cases are never prosecuted because: they are rejected due to illegible writing or missing information - often quite minor they run out of time (i.e. due to the six month Statutory Time Limit) the case is dropped - often incorrectly, due to a lack of understanding of the more technical reasons for a seizure, such as those involving trade insurance It is important to distinguish between a driver being found not guilty by a court and the case not being prosecuted for administrative reasons. Financial year 2016/17 = ongoing Financial year 2015/16 = Financial year 2014/15 = Financial year 2013/14 = Financial year 2012/13 = These figures are for the MPS only. As far as we know national figures aren t readily available, and we can only suggest that any further enquiries are directed to Chief Constable Suzette Davenport, National Police Chief Council lead on Roads Policing. Q2. Total figures on recovery fees and sums for disposal of vehicles too. Income from disposal of D6 vehicles: The MPS disposes of the not collected vehicles to recover its expenses for recovery and storage. Statutory Charges Collected D6 Uninsured and NIA Vehicles Financial Year 2012/13-7,991, Financial Year 2013/14-7,175,317.63

4 Financial Year 2014/15-4,404, Financial Year 2015/16-5,009, Financial Year 2016/17-3,575,327.19(Up to and including 31/12/2016) Disposal Proceeds Collected (Split between Scrap Income and Auction Income) Scrap Income Financial Year 2012/13-1,286, Financial Year 2013/14-919, Financial Year 2014/15-486, Financial Year 2015/16-274, Financial Year 2016/17-259,457.66(Up to and including 31/12/16) Auction Income Financial Year 2012/13-1,147, Financial Year 2013/14-1,773, Financial Year 2014/15-1,149, Financial Year 2015/16-1,592, Financial Year 2016/17-1,192,884.08(Up to and including 31/12/16) Please note, these figures are for all S165A seizures, not just uninsured vehicles. We cannot separate out uninsured (S143 offences) from not in accordance (S87 offences). It should also be stressed that this is gross income BEFORE costs are taken into account. Costs include: Police time Pound staff Premises

5 Admin Equipment Recovery contractors Locksmith The Registered Keeper is entitled to request the remaining balance of their vehicle value after MPS/VRES fees for recovery and 14 days storage have been deducted, in accordance with the Road Traffic Act 1988: "Payment of proceeds of sale to owner of vehicle: 8.(1) Where the authorised person disposes of a motor vehicle in pursuance of these regulations by means of sale, he (VRES) shall pay the net proceeds of sale to any person who, before the end of the period of one year beginning with the date on which the vehicle is sold, satisfies the authorised person (VRES) that at the time of the sale he was the owner of the vehicle." The statutory removal and storage charges are set by the Government and not by the Metropolitan Police. The current charges were introduced on 1st October 2008, in and an amendment to The Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations The Metropolitan Police disposes of some vehicles at public auctions. At a public auction vehicles are sold to the highest bidder on the day, so the price is achieved beyond the seller s control. Although reserve prices are used, if a vehicle repeatedly fails to meet its reserve price, a lower offer may be accepted. In this case the sum received from the disposal did not cover the recovery and storage fees, and as such there are no outstanding funds to be refunded to you/registered keeper. It should be noted that the statutory charges are not a fine or a fixed penalty. The charges enable the police to recover some of the costs of removal and storage. This is a civil matter and separate from the prosecution for the offence. A significant number of vehicles are not reclaimed. If a vehicle is not reclaimed, the statutory charges cannot be recovered from the owner.

6 Removal Charges Vehicle type Vehicle on road: upright and not substantially damaged; all motorcycles, regardless of position, condition and circumstance 1 -Vehicle not exceeding 3.5 tonnes Maximum Authorised Mass (MAM) 2 - Vehicle exceeding 3.5 tonnes MAM, but not exceeding 7.5 tonnes MAM 3 - Vehicle exceeding 7.5 tonnes MAM, but not exceeding 18 tonnes MAM 4 -Vehicle exceeding 18 tonnes MAM WARNING: IF THE VEHICLE WAS SUBSTANTIALLY DAMAGED, WAS NOT UPRIGHT OR WAS NOT ON THE ROAD, ADDITIONAL RECOVERY CHARGES WILL APPLY. STORAGE CHARGE PER DAY (STARTING MIDDAY FOLLOWING THE DATE OF SEIZURE) Two wheeled vehicles Vehicle not exceeding 3.5 tonnes MAM Vehicle exceeding 3.5 tonnes MAM, but not exceeding 7.5 tonnes MAM. Vehicle exceeding 7.5 tonnes MAM, but not exceeding 18 tonnes MAM Vehicle exceeding 18 tonnes MAM Q3. See attached document entitled Prosecution data for no insurance. It should be noted that the figures for 2016 are as yet incomplete as cases are still working their way through the system.

7 Q4. Number of D6 refunds Approved Financial year 2016/17 = ongoing Financial year 2015/16 = 303 Financial year 2014/15 = 358 Financial year 2013/14 = 420 Financial year 2012/13 = 258 The MPS seizes about 30,000 vehicles per year under S165A, with just over 1% resulting in a refund of the statutory charges. Most refunds are made in cases where the vehicle was insured but this could not be confirmed because of a combination of three circumstances: The policy was not recorded on the Motor Insurance Database - normally because of an error by the policyholder or insurer, or because it had recently been incepted. AND The driver did not have the insurance certificate AND The insurer could not be contacted through the Motor Insurance Bureau because their office was closed. If the vehicle is disposed of, the owner is entitled to re-reclaim the net sale proceeds after the deduction of the statutory charges. Please find attached information pursuant to your request above. I would like to take this opportunity to thank you for your interest in the Metropolitan Police Service. Information Rights Unit

8 ACPO Roads Policing Best Practice Guide 2014 Sections 165A and B Road Traffic Act 1988

9 ACPO Best Practice Guidance 2014 Foreword 03 Introduction 04 Legislation 06 The Seizure Principles 09 Preparation and Training 10 Application at the Roadside 15 Seizure Notices 26 Release Process 28 Complaint Handling 40

10 ACPO Best Practice Guidance 2014 Foreword As Head of the Association of Chief Police Officers (ACPO) Roads Policing Business Area, I welcome this guidance on the exercise of powers of vehicle seizure, where vehicles are driven whilst uninsured or by unlicensed drivers. Since these powers were granted in 2005, many varied processes and policies have developed. This Best Practice Guidance on the Application of Section 165 Road Traffic Act relies heavily upon the processes for vehicle seizure and reclaim first published in the ACPO and Motor Insurers Bureau Best Practice Guidelines on Open Policies of Insurance, last revised in The principles have been tested, with some success, in several forces around the UK. Some Forces have adopted specialist centres for dealing with vehicle seizures. This has enhanced the knowledge and experience of staff in dealing with inappropriate or incorrect production of insurance policies. It is accepted that not all Forces will be able to work to this model but this guidance will help share the expertise they have developed. This guidance also incorporates other good practice from around the country and will help to unify the way in which forces deal with these powers. The current ACPO Policing the Roads Strategy contains five key areas of work: reducing road casualties, disrupting criminality, countering terrorism, patrolling the roads and combating anti-social road use. These contribute to safer roads, habitual compliance and public confidence and satisfaction. The effective use of this Guidance contributes to all five of these areas by assisting officers to deprive criminals of the use of the roads. This publication is written as a companion guide to, and to build upon, the ACPO and Motor Insurers Bureau Best Practice Guide on Open Policies of Insurance. It is not just intended for those specialist Roads Policing Officers who, by the nature of their roles, will have a more detailed knowledge of the law. But for a wide police audience; including the police station and pound staff who will be dealing with claimants, together with their line managers. I would like to record my thanks to all those who have contributed to this guide. It should assist us all in saving lives, preventing crime and catching criminals. Suzette Davenport Chief Constable Gloucestershire Constabulary National Professional Lead for Roads Policing

11 ACPO Best Practice Guidance 2014 Introduction 4 Introduction The government added Sections 165A and B to the Road Traffic Act (the Act) in Section 165A granted powers for police officers to seize Motor Vehicles which the officer had a reasonable belief is, or has been, used on a road without valid insurance or driving licence. Section 165B deals with the retention and return of the vehicles. This power was granted to prevent a continuing offence and should never be considered to be a punishment. There is a known correlation between road traffic offences and criminality. The use of powers to seize vehicles under Section 165A of the Road Traffic Act 1988 is an effective tool for both making the roads safer for all users and depriving criminals the use of the them. The powers to seize vehicles derived from Section 165A are permissive. The exercise of those powers can have serious consequences for the driver and vehicle occupants. Forces may wish to issue guidelines as to when discretion may be appropriate. For example, seizing a vehicle following minor infringements of provisional licence conditions may be considered disproportionate to the offence committed; whilst it may be appropriate for repeat, or persistent, offenders. The legislation seems not to prevent vehicles from being returned without the specified conditions having been complied with. However; such non-compliant releases should be reserved for exceptional circumstances. ACPO has entered into agreements with the Finance and Leasing Association and the Motor Insurers Bureau in an effort to assist officers with their powers. The Motor Insurers Bureau has been instrumental in providing considerable assistance to the police, providing access to the information which officers require to enable them to fulfil the requirements of the Act. The Motor Insurers Bureau has also produced Best Practice Guidelines when dealing with Open (Trade) Policies of insurance which have been endorsed by ACPO. These guidelines will be referred to in this document are available in hard copy and for download from the Motor Insurers Bureau. The recommendations made in the Motor Insurers Bureau document are just as relevant across all aspects of the seizure and release of vehicles and not just confined to open policies of insurance. However this paper has broader recommendations not covered in the Motor Insurers Bureau document. Incorrect, inappropriate and/or inconsistent application of the Act can lead to the powers being brought into disrepute, or cause officers and forces to engage some of the principles of the Human Rights Act. Application of the powers must therefore be measured and proportionate. Consideration must be given to the human rights implications of seizing a vehicle and the safety of vehicle occupants who may be left without alternative transport facilities. This document is intended to disseminate best practice, adopted by forces subsequent to the introduction of the Act and to provide guidance to forces and officers, thereby enabling them to make the best use of the powers granted by the Act in a harmonised and effective manner. In order to achieve this in the most comprehensive way, the guidance will be dealt with under the following headings: Introduction Legislation The Seizure Principles Preparation and Training Application at the Roadside Seizure Notices Release Process Complaint Handling Whilst the legal provisions explained within this document are, as far as can be ascertained, an accurate expression of the law; the text contains some personal opinions which are subject to interpretation by the courts, the only arbiters in such matters. It is acknowledged that the text in the text in this guide is gender specific. Much of the guide directly reflects the wording of legislation which is also gender specific. Where a narrative states he, him or his, it also relates equally to she, her or hers.

12 ACPO Best Practice Guidance 2014 Benefits of forces and suppliers 5 Consideration must be given to the human rights implications of seizing a vehicle, and the safety of vehicle occupants who may be left without alternative transport facilities.

13 ACPO Best Practice Guidance 2014 Legislation Sections 164, 165, 165A and 165B of the Road Traffic Act 1988 These sections provide the power to seize Motor Vehicles from the road in specified circumstances and guidance for the retention and release of such vehicles. Road Traffic Act (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 Legislation This Regulation deals with all aspects of the retention, release and disposal of a vehicle following seizure under Section 165A. The Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) (Amendment) Regulations 2008 This Regulation deals with the fees that can be charged prior to the return of a vehicle seized under Section 165A. Sections 164, 1 of the Road Traf Section 87(1) of the Road Traffic Act 1988 This section deals with driving a vehicle whilst unlicensed. 6 Section 143 of the Road Traffic Act 1988 This section deals with the requirement to have third party insurance. Section 148 of the Road Traffic Act 1988 This section provides a list of the factors that will not invalidate third party insurance cover. Section 151 of the Road Traffic Act 1988 This section provides the legal process for an insurer to avoid third party liability. The Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 This regulation deals specifically with Open Policies of insurance known generally to the police and public as trade policies.

14 ACPO Best Practice Guidance 65, 165A and 165B fic Act 1988 Benefits of forces and suppliers 7

15 ACPO Best Practice Guidance Benefits of forces and suppliers 8

16 ACPO Best Practice Guidance Guidenace 2014 The Seizure Principles The powers to seize are contained within Sections 164; 165 and165a of the Road Traffic Act The legislation can be found in PNLD document D16708 It has to be stressed that exercise of these powers is not a punishment for the driver but a means whereby an officer can prevent a continuing offence. Whenever a vehicle is seized under these regulations, the offending driver/registered keeper/owner should always be subject to prosecution or offered a fixed penalty. This applies equally to both the driver and the person who has permitted the offence (where appropriate). This may occur at the roadside but it may be necessary for some offenders to be reported at the station when recovering the vehicle. Once seized, officers should always consider a roadside inspection of a vehicle, to ensure that it contains no prohibited items. Drivers and occupants should also be advised to remove items of personal property, especially items of value. Items which are attached to the vehicle may be considered to form part of the vehicle and the driver may be denied possession of them until the entire vehicle is reclaimed. Regulations 3 Road Traffic Act 1988 (Return and Disposal of Seized Motor Vehicles) Regulation 2005, requires that a vehicle shall remain in the custody of the police force for the area in which the vehicle was seized until: The police authorise it to be removed by the person appearing to be the registered keeper or owner of the vehicle and who complies with the requirements of the Section; or It has been disposed of under these Regulations. While the vehicle is in the custody of the police, they are under a duty to take such steps as are reasonably necessary for its safe keeping. The Seizure principles It has to be stressed that exercise of these powers is not a punishment for the driver but a means whereby an officer can prevent a continuing offence. 9

17 ACPO Best Practice Guidance 2014 Preparation and Training 10 Preparation and Training It is essential that in each force there is one central point, known to all staff, where advice on legislation and local procedures is retained. With the responsibility for the return of vehicles from recovery agents, Vehicle Recovery Managers or their equivalents may be able to provide a suitable focus for this central point. Every force requires a full and accessible policy relating to the seizure and return of Motor Vehicles which is available as a reference to all officers and staff. This is particularly important where the force expectation differs from the legislation. Forces should also provide information for the public online and, where appropriate, in police stations. The effective use of Section 165A within a force requires knowledge at five distinct levels. 1) Authorised to seize This for all police officers authorised to seize Motor Vehicles under the Act. Their use of the power is likely to be incidental to their principal or core role. Use of the seizure powers may be subject to obtaining quality assurance authorisation by an officer who has received additional training or is more experienced in the application of the legislation. 2) Quality assurance 3) Central point of contact (consultancy) This is for the central contact within a force who will deal with all policy issues connected to the use of the power under the Act and the disposal of the vehicles if unclaimed. This is likely to be a Vehicle Recovery Manager or lead policy officer. This role is also likely to be a part of a national network of advice and support in relation to the Act and release requirements 4) Authorisation to release This is for police staff and officers who release vehicles that have been seized back to the owner or registered keeper. These are likely to be front counter staff or similar role. Most of these will perform the release of vehicles as part of a wider role, although some forces have adopted specialist release centres, which is good practice. 5) Control room/communications Specifically operators who may provide support to roadside officers and utilise PNC or who may take calls where advice needs to be given to the public. Training It is imperative that staff who are authorised at each of the above skill disciplines are adequately trained and assessed as competent. Inadequate training may result in vehicles being unlawfully seized and/or returned whilst still uninsured or to an unlicensed driver, leaving the force liable for compensation claims. This is for specialist police officers, usually within Roads Policing/Operations Departments, who will use the power under the Act extensively and could be called upon to give advice to others and/or authorise the use of powers by other officers.

18 ACPO Best Practice Guidance 2014 Benefits of forces and suppliers 11 Drugs, explosives and firearms have all been found in vehicles, and terrorists identified, as a result of searching vehicles seized for Section 165A Road Traffic Act.

19 ACPO Best Practice Guidance 2014 Minimum Knowledge Levels Authorisation to seize The minimum recommended level of training provided to officers authorised to seize vehicles under the Act should include the following:- 8. Awareness of the force policy in relation to the seizure and release of Motor Vehicles. 9. Detailed knowledge of the prosecution policy and process in relation to offences identified. Quality assurance Preparation and Training 1. Knowledge of the legal requirements for a driving licence and the offence of driving other than in accordance with a driving licence under Section 87(1) and the requirements for insurance under Section 143 of the Road Traffic Act Working knowledge of Sections 164, 165 and 165A&B the Road Traffic Act 1988 and an understanding of when seizure powers may be applied including the requirements relating to seizure notices and the procedures necessary to reclaim a vehicle, once seized. 3. The legal requirements to serve a seizure notice when the driver is not the owner and/or keeper of the vehicle. 4. Guidance in the examination of driving licence and insurance documents. The minimum recommended level of training provided to officers authorised to seize vehicles under the Act should include the following, in addition to the authorisation to seize level. 1. Detailed knowledge of driving entitlements, licenses, revocations and Section 87(1) (driving other in accordance with a licence) and Section 143 of the Road Traffic Act 1988 (the requirement for insurance). 2. Guidance in the examination of driving licence, international driving permits foreign driving licences and insurance documents. To include DVLA specialist awareness. 3. Basic knowledge of the insurance requirements relating to vehicles registered in another EEA or EU Member State Have an understanding of the information held on, and the limitations in using, the Police National Computer (PNC) and Driver Validation System (DVS) to assist in the application of the legislation, and how to access it. 6. Clear procedure guidance in: 4. Detailed knowledge of Section 165 of the Road Traffic Act 1988 and an understanding of when seizure powers may, and may not, be applied. 5. Basic knowledge of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations a. Establishing the identity of the driver. b. Establishing the ownership of the vehicle. c. Verifying the use of the vehicle. d. Verifying the drivers licence entitlement. e. Verifying the third party insurance cover. f. Issuing the seizure notice to driver. g. Recording the above details in a location accessible to other staff involved in the process (release staff and vehicle recovery staff). 7. Guidance in the information required by the Motor Insurers Bureau when carrying out insurance related enquiries and the assistance available to officers from the Bureau. 6. Basic knowledge of Section 148 and Section 151 of the Road Traffic Act 1988 relating to when an insurer may not invalidate a policy of insurance and when they may avoid third party liability. 7. Detailed awareness of the force policy in relation to the seizure and release of Motor Vehicles. Central point of contact (consultancy) The minimum recommended level of training provided to officers and staff overseeing the seizure of vehicles the Act and their subsequent release or disposal should include the following:-

20 ACPO Best Practice Guidance 2014 Detailed knowledge of all matters in the previous section plus 1. Guidance in the examination of driving licences, international driving permits and insurance documents. To include DVLA specialist awareness. at the remaining designated stations need only have a basic knowledge of the specific matters which are routinely dealt with by the specialist station The minimum recommended level of training provided to release vehicles seized under the Act should include the following:- 2. A detailed understanding of the full range of services provided by the Motor Insurers Bureau. Knowledge of driving licence requirements and the insurance requirements of Section 143 of the Road Traffic Act An understanding of the Finance and Leasing Association/ACPO agreement relating to the release of vehicles to finance companies including Crushwatch. 4. A good knowledge of the national personnel and mechanisms that can provide support to the role. 5. Detailed knowledge of the prosecution policy and process in relation to offences identified. Release level ACPO has endorsed the Motor Insurers Bureau Good Practice Guide on dealing with open policies of insurance. This guide recommends that the number of release locations should be limited, particularly when dealing with open polices of insurance. The rationale behind such a recommendation is contained within that guide. Guidance in the examination of driving licences, international driving permits and insurance documents. Knowledge of Section 165A of the Road Traffic Act 1988 and an understanding of when seizure powers may be applied. An understanding of the information held on, and the limitations in using, the PNC and DVS to assist in the application of the legislation, and how to access it. Clear procedure guidance in dealing with the owner or registered keeper. Establishing the owner of the vehicle at time of seizure. Establishing the registered keeper/owner of the vehicle at time of release. Preparation and Training 13 Some forces have additionally specified that some claimants, typically those who: Accessing the information recorded by the seizing officer. wish to produce an open certificate of insurance. Verifying the use of the vehicle at release. wish to produce a foreign driving licence or insurance. are not the registered keeper of the vehicle, or have had a vehicle seized which may be the proceeds of crime. must produce the relevant documents at a single specific police station, where the staff have received specialist training or have relevant expertise in dealing with such returns. If such a model is adopted, the staff Verifying the drivers licence entitlement. Verifying the third party insurance cover. Recording all the information following release or refusal Guidance in the information required by the Motor Insurers Bureau when carrying out insurance related enquiries.

21 ACPO Best Practice Guidance 2014 Detailed knowledge of the conditions that should be satisfied before releasing a vehicle imposed by Regulation 5 of the Road Traffic Act (Retention and Disposal of Seized Motor Vehicle) Regulations 2005 specially relating to the order of 5(1) a - c. Basic awareness of the force policy in relation to the seizure and release of Motor Vehicles. Ongoing awareness It is essential that officers and staff are made aware of changes to legislation and the application of practice in respect of the seizure and return of Motor Vehicles. Experience has shown that changes do occur and it is important that people remain up to date with their knowledge. A central point referred to previously is an ideal location for this to be disseminated. Basic knowledge of the prosecution policy and process in relation to offences identified. Communication room In addition, information can be obtained from; Police National Legal Database available on force intranets. Preparation and Training Communications room staff provide a crucial support function to both the seizing officer and those involved with the release of the vehicles particularly when release staff do not have full access to systems to perform the role themselves. The level of awareness requirement by control room staff is; Motor Insurers Bureau restricted Police Website available via force intranets - POLKA A basic awareness of the force policy in relation to the seizure and release of Motor Vehicles. 14 A detailed understanding of the information held on the PNC and DVS to assist enquiring officers and staff. It is for each force to decide where the information listed below is recorded. The control room log created for the recovery of the vehicle on seizure has proved an effective location for many forces. In such cases, staff need to have a clear understanding of their role in recording this supplementary information from the seizing officer and subsequently making it available to the release staff. This must include; Driver of the vehicle. Owner or registered keeper of the vehicle. Use of the vehicle. If an open policy has been issued Name of the policy holder. Drivers relationship to the policy holder.

22 ACPO Best Practice Guidance 2014 Application at the Roadside The power to use the Act to seize a vehicle applies to a constable in uniform. Forces may designate the power to specific uniformed officers only (e.g. roads policing officers), but forces may consider the advantages of providing the powers to all uniformed officers and special constables once they have been trained. If there is adequate quality assurance of potential seizures, there is no need to restrict the power. Section 164 and 165 and Section 165A of the Road Traffic Act 1988 give the police a specific power to immediately seize a vehicle where the driver is unable to produce a licence and/or insurance and which, the police officer reasonably believes, is being driven by an uninsured driver or driver who does not have a valid licence. driving a Motor Vehicle on a road, or a person whom a constable has reasonable cause to believe to have been the driver of a Motor Vehicle at a time when an accident occurred on a road or other public place, or a person whom a constable has reasonable cause to believe to have committed an offence in relation to the vehicle s use on a road. When required, the person must give his name and address and the name and address of the owner of the vehicle and produce, amongst other documents, his/her driving licence and a relevant certificate of insurance for examination. There are three headings under which a seizure may be undertaken: 1. Failure to produce a driving licence. 2. Failure to produce insurance. 3. Failure to stop. Condition 1 no driving licence (a) a constable in uniform requires a person to produce their licence and its counterpart for examination, Application at the Roadside The law relates to Motor Vehicles, as defined in the Road Traffic Act i.e. Mechanically propelled vehicles intended or adapted for use on a road. Go-peds have been held to be Motor Vehicles but the status of vehicles such as mini-motos have not been tested at court. N.B. A Motor Vehicle for these sections specifically excludes an invalid carriage. Whilst not included within Section 165A, vehicles which are not classified as Motor Vehicles may come within the provisions of Section 59 Police Reform Act. Section 164 Road Traffic Act (driving licences) and Section 165 (insurance) relate to a Motor Vehicle. These provisions give an officer in uniform the powers to demand production of a driving licence and insurance from person who is or has been: (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) Road Traffic Act - driving a Motor Vehicle on a road otherwise than in accordance with a licence authorising them to drive a Motor Vehicle of that class. Before seizure, there must have been a requirement to produce the licence and counterpart and, if not complied with, the officer must also have a reasonable belief that the person is unlicensed. The officer must also warn the driver that failure to produce the documents immediately may result in seizure of the vehicle but the constable is not required to give such a warning if the circumstances make it impracticable for them to do so. 15

23 ACPO Best Practice Guidance 2014 Application at the Roadside The information on the DVLA database will be invaluable in ascertaining the validity of any licence produced or of any entitlement, or lack of entitlement, to drive the vehicle in question. A #DL PNC check should provide the necessary information but care should be taken when a licence revocation is revealed. It is good practice to check the driver s current entitlement to drive against the DVLA register (PNC), regardless of whether or not a licence is produced. A driver may be in possession of a licence which may not be current or may have been revoked. The DVLA does not authorise the use of the image on DVS for identification purposes. Expired photographs Until January 19, 2013 all driving licences had a 10 year photograph validity period. However, European Third Driving Licence Directive changed this to an Administrative Validity Period (AVP) in respect of the licence itself this applies not just to licences issued from January 19, 2013 but to all photocard licences currently in circulation. the licence will be revoked. The revocation becomes active a few days later and the entitlement to drive is then lost. At this point, the driver record shows expired substantive or provisional entitlement. The licence expiry date is shown, being two or three days from the date of the entry on the record. Once this expiry date is reached, the entitlement to drive is lost and the driver must apply to the DVLA for a new licence on a form D1. Section 88 Road Traffic Act and revocations There is a complication to the matter of revocation due to the provisions of Section 88 of the Road Traffic Act Section 88 provides a concession which allows a driver to continue to drive, without holding a current licence, whilst the DVLA is processing their application: provided that the driver can meet certain specified criteria. Provided these criteria can be met, the offence of driving without a valid licence will not have been committed. 16 When the administrative validity expires, this does not invalidate the driving entitlement itself. If the driver fails to renew their licence, and thus the photo, an offence is committed which can be prosecuted by the police. The DVLA is currently considering whether they wish to revoke a driving entitlement for failing to renew a licence with an expired AVP. Revoked licences, DVLA markers and terminology Care must be taken in interpreting the PNC/DVLA markers where they relate to licence revocations. Where a person has lost their entitlement to drive as a result of a revocation of their licence by the Secretary of State (DVLA), the PNC will indicate that the licence holder has an expired entitlement. There is currently one exception to this; where a licence has been revoked by DVLA pending test passed in which case the PNC shows a revocation of licence. Where a person has failed to surrender their licence, for example for the addition of points, after several letters and due notice, DVLA will advise the licence holder that The criteria (summarised) are: The driver has held a driving licence before. The application is valid and was made less than a year ago. The driving entitlement is not currently revoked or refused for medical reasons (N.B. revocation for other reasons is not excluded). The driver is not currently disqualified by a court. They drive under the conditions of the driving licence applied for, such as those applicable to provisional licences. They drive in accordance with the previous licence. They would not be refused a licence for medical reasons. (The DVLA would encourage drivers to seek advice from their GP as to suitability to drive whilst their licence is renewed). The driver s licence is not currently revoked under the New Drivers Act 1995.

24 ACPO Best Practice Guidance 2014 To be able to correctly apply Section 88 of the Road Traffic Act, it is important that officers ascertain if a revocation has been applied due to a medical condition or for another reason. Unfortunately, whilst the DVLA itself does capture the reason for a revocation on their database, this information is not available on the PNC. Without reference to the DVLA it is not possible to differentiate between a medical revocation or otherwise. This is also discussed further in the medical conditions and revocation section below. The DVLA does not have the power to grant Section 88 cover it is for the driver to ensure that these criteria can be met. If a driver has had a licence revoked and the Section 88 conditions are not met, an offence under Section 87(1) may have been committed. Revocations can therefore cease to be valid when the driver with a revoked entitlement makes application for a new licence; the only way of obtaining a licence once a revocation has been applied. For example, where the DVLA revokes a licence because it has not been surrendered for the application of points, that revocation may cease to be valid as soon as the licence is surrendered (posted to the DVLA with a D1 application and fee). The revocation ceases to have effect by virtue of Section 88, even before the DVLA has processed the application and the record has been updated. The DVLA is unable to confirm, or otherwise, if an application has been received until the record is updated. Medical conditions and revocation Drivers with medical conditions which may affect their fitness to drive are advised to check with their doctor or specialist if they are unsure whether they should continue driving whilst their application is being considered. A driver, whose last licence was revoked or refused by DVLA, because of a medical condition, would not be eligible to drive until they are issued with a new licence. The details of any revocation in relation to a medical investigation should be obtained from the DVLA before considering seizure. A seizure power under Section 165 may not currently extend to persons who are driving in contravention of a revocation issued because of a medical condition. Driving in contravention of such a medical revocation falls under Section 94A Road Traffic Act and not Section 87(1) the only section specified in Section 165A. There is a suggestion by the Home Office that an offence Application at the Roadside 17

25 ACPO Best Practice Guidance 2014 Application at the Roadside under both sections may be committed. Driving in contravention of a revocation made for reasons other than medical is contrary to Section 87(1); so does confer a seizure power under Section 165A A driver who has made an application to DVLA, and is subject to a medical investigation, can request that a letter is sent to them confirming that a valid application has been made and that the driver may continue to drive if they consider they meet the Section 88 requirements. If there is any doubt about a person s entitlement to drive, a check can, and should, be made with the DVLA. EU and EEA licences An EU or EEA licence issued in any Member or EEA State is valid in any other Member State for the duration of the licence. The licences were harmonised in January 2013 and all future issues should be the same format, with the groups harmonised throughout Europe. Please be aware that the conditions attached to licences are transferable so, for example, a French moped rider can be licensed in France at the age of 15 and is therefore entitled to drive a moped at 15 in the UK; but only if the holder of a French licence. Foreign licences from some countries may be exchanged for an equivalent DVLA licence but otherwise a driver must obtain a provisional licence and, after the 12 months, comply with the conditions. The date of entry to the UK should be shown in the driver s passport. An International Driving Permit, as issued in the UK by the AA, is only a translation of the domestic driving licence and must be accompanied by the licence. It carries no entitlement to drive on its own. An International Driving Permit should not be confused with national driving permit, the title used by some countries to describe a driving licence. De-restricted mopeds It is not illegal to modify a moped but those which have been modified, to make them more powerful, may fall into driving licence category A a Motorcycle. Mopeds are typically ridden by 16 year olds. Riders of 16 years of age are not able to obtain a category A motorcycle licence and are therefore unlicensed. The rider would probably be a juvenile and it may be considered appropriate to return the moped to the parent or guardian of the juvenile concerned provided that: Insurance for the moped is in place, 18 It is possible that a person who presents a foreign driving licence may have a driver record on DVLA which may indicate endorsements or a disqualification. A driver who is disqualified from holding a licence in one Member State is also disqualified from using that licence in another Member State. With the exception of Eire, where DVLA Liaison may be able to assist, an immediate check may not be possible and verification through Interpol may be necessary. A person who is disqualified in one Member State may, however, still apply for a licence in another. Non EU licences In general, a visitor to the UK is permitted to drive on their own domestic licence for 12 months after entry or from becoming a resident. Thereafter, the driver effectively ceases to have any licence at all. The statutory charges are paid and the parent or guardian acknowledges, in writing, that further use of the vehicle without the defect being rectified may constitute an offence by both the rider and the parent/guardian. Alternatively, the vehicle could be released as a motorcycle if the claimant is able to satisfy the requirements in respect of both licence and insurance. The effect on insurance of not holding a licence. Officers should not automatically assume that because there is currently no licence in force, that automatically invalidates any insurance produced. Most insurance polices refer to a driver who holds, has held and is not disqualified from holding a licence. Note that where a person has formerly held a licence relevant to that type of vehicle, the fact that no licence is currently held may not invalidate the cover.

26 ACPO Best Practice Guidance 2014 Condition 2 no insurance a) a constable in uniform requires a person to produce evidence that a Motor Vehicle is not, or was not, being driven in contravention of Section 143, driving a Motor Vehicle without insurance. (b) (c) the person fails to produce such evidence, and the constable has reasonable grounds to believe that the vehicle is, or was, being so driven. The insurance certificate The Road Traffic Act currently states that a person is not insured until the insurance company has delivered to the insured a certificate of insurance. This requirement may be removed by the Deregulation Bill, introduced in Delivery of a certificate can be made electronically so a certificate on the internet, shown on a smart phone, or by is acceptable. Officers are under no obligation to provide equipment by which electronic certificates may be read Before seizure, there must have been a request to produce the insurance certificate and, if that demand is not complied with, the officer must additionally have a reasonable cause to believe that the person is uninsured. It is currently a principle of English and Welsh law that the onus is upon the driver to provide evidence that they are insured. It is not for the police to prove they are not insured. The officer must also warn the driver that failure to produce the documents may result in seizure of the vehicle. The constable is not required to give such a warning if the circumstances make it impracticable for him to do so. Fraud and disclosure of data to Motor Insurers Bureau The disclosure of data by the police to the Motor Insurers Bureau or insurance companies is subject to the principles of the Data Protection Act. Under certain circumstances, officers may wish to disclose certain data which is classified as sensitive personal information. Such data includes past or impending prosecutions (including fixed penalties). Officers are permitted under the principles of the Data Protection Act to disclose personal data if it is in relation to the prevention and detection of crime or the prosecution of offenders. The crime in this respect is an offence of fraud. Application at the Roadside If a insurance certificate of insurance is produced, please see the guidance on page 22. Where no certificate of insurance is produced, and in deciding if he/she has a reasonable grounds to believe a lack of insurance, it is wise for an officer to make enquiries. The data on the PNC and the Motor Insurers Database will be invaluable as a first line of enquiry but insurers police help lines will provide further information, when available. The Motor Insurers Bureau Police Helpline can be an invaluable source of information concerning a vehicle and the insurance. The Motor Insurers Bureau can also make enquiries with insurers: The police helpline is open between 7am and 2am Sunday to Thursday and between 7am and 3am on Friday and Saturday. Telephone: N.B. Officers should be aware that where an insurance policy is renewed automatically, there may be a short transition period around midnight on the day of renewal, when no insurance is shown on the Motor Insurers Database. Failing to disclose certain information or providing false information in order to obtain insurance is a fraud and an offence under Section 174(5) Road Traffic Act. An offence under the Section 3 of the Fraud Act may also be committed where a person fails to disclose information where there is a legal duty to disclose; with a view to make a gain for that person or a loss to another. Where an officer suspects that such an offence may have been committed, they are permitted by the Data Protection Act to disclose the sensitive personal information provided such disclosure is in order to prevent the offence or, if appropriate, to prosecute the offender. ACPO has entered into a data sharing agreement with the Motor Insurers Bureau to explain the rationale behind such disclosure. The Motor Insurers Bureau has also introduced associated procedures to assist and advise officers who call their police helpline. 19

27 ACPO Best Practice Guidance 2014 Application at the Roadside 20 Open, or trade, policies ACPO VRG has endorsed the Motor Insurers Bureau Good Practice Guide for the Police when dealing with such policies. The latest version of which is available from the Motor Insurers Bureau or for download from the dedicated Motor Insurers Bureau Police Intranet site There are also aide memoire pamphlets for both roadside and station staff. Particular attention is drawn to page 17 of the guide dealing with criminality in relation to insurance. The guide states: It must be emphasised that the vast majority of open policies of insurance are issued to bona fide traders and it is essential that officers do not regard all holders of such policies as linked to criminal behaviour. However, over the past few years it has become apparent that open policies of insurance are a way of assisting criminal behaviour, either because they allow access to numerous vehicles thereby reducing the opportunity for police intervention; or a number of associates are using vehicles on one open policy of insurance. Additionally, it is not uncommon for legitimate motor traders to be influenced by organised criminal groups and then, unwittingly, allow their open policy of insurance to be used by the group, thereby providing easy access to a range of vehicles. Open, or trade, policies are widely abused in order to reclaim seized vehicles, often in order to hand the vehicle straight back to the person from whom it was seized. If there is any suggestion that a vehicle was being used under an open certificate of insurance, it is important that the seizing officer obtains and records some facts and that information is made available for the person who will be later asked to examine the certificate when the vehicle is reclaimed. Who owns the vehicle and who is the driver. Who has the insurance certificate been issued to. Ascertain the relationship between the driver and policy holder (employee, partner, named driver). The circumstances under which the vehicle is being used (SD&P business use etc in which case what business; what was the load if a goods vehicle). The officer at the roadside should verify the nature of any business use or, indeed, the nature of any use for social domestic or pleasure purposes. That information needs to be recorded, either on the seizure notice or on a record available to the station staff. If, for example, the insurance was issued for business use in the horticultural trade - but the vehicle was being used to collect scrap, the station staff needs to know that. Taking photographs of the vehicle and its load may also assist in ascertaining its true use at a later date. N.B. It is a legal requirement that all vehicles being used under an open policy must be recorded on a log. Any vehicle which is in the possession of the policy holder for 15 days or more MUST be notified to the insurance company. Foreign registered vehicles (EU-EEA) If the vehicle has no insurance at all, it may be seized. It is a general rule that vehicles must be insured in the Member (or EEA) State of registration. An insurance certificate issued in one EU Member State for a vehicle registered in its territory is valid in all Member States for the validity of the insurance certificate; regardless of any registration requirements in the State in which it is being driven. All valid EU insurances must provide minimum (legal) cover in every other Member State. EU or EEA registered vehicles may stay in the UK for up to six months. They are then required to have a Vehicles Excise Licence. Registration in the UK, to obtain that VEL will require the obtaining of UK insurance. All the time the vehicle has an EU registration, the correct insurance is that provided in its state of registration. An overstaying EU vehicle only becomes liable in law for UK Vehicles Excise Duty not UK insurance. Provided the vehicle has insurance in its country of registration, the vehicle may not be seized under Section 165A. DVLA is the sole enforcement authority for VEL offences and currently it does not

28 ACPO Best Practice Guidance 2014 authorise enforcement action against foreign registered vehicles. Forces with devolved DVLA powers may be authorised by DVLA to seize foreign registered vehicles which have overstayed. Regardless of the Member State of registration, if a vehicle is being permanently exported to another, the Member State of destination may grant temporary insurance of up to 14 days; which will be valid in all Member (and EEA) States Some foreign insurance databases are available to the Motor Insurers Bureau and the Police Helpline may be able to assist. Condition 3 fails to stop - No insurance or driving licence a constable in uniform requires a person driving a Motor Vehicle to stop the vehicle, 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 the constable has reasonable grounds for believing that the vehicle is or was being driven in contravention of Section 87(1) (unlicensed) or Section 143 (uninsured). The officer may - seize the vehicle enter any premises (other than a private dwelling house) on which he has reasonable grounds for believing the vehicle to be; use reasonable force, if necessary, to do so Before seizing the motor vehicle, the constable must warn the driver, or the person who it appears may have been the driver, that he will seize it if either the driving licence and/or evidence of insurance is/are not produced immediately. The officer is not required to give such a warning if the circumstances make it impracticable for him to do so. If the constable is unable to seize the vehicle immediately because the person driving the vehicle has failed to stop, as required, or has driven off, he may seize it at any time within the period of 24 hours beginning, effectively, with the time when the vehicle was required to stop. In practice If the conditions set out in Sections 164 or 165 are satisfied (e.g. the vehicle was being driven on a road) and the vehicle is stopped, the driver of the vehicle is obliged to state: his/her name and address and the name and address of the owner of the vehicle. In addition, the following should be asked Is there a valid certificate of insurance in place for the vehicle If the driver claims that the vehicle is being used under an open certificate of insurance, who the certificate was issued to and is it the driver, a company or an individual What is the driver s relationship to the policy holder. e.g. Employee, relative, friend etc For what purpose is the vehicle being used e.g. social and domestic or as part of employment or for business use together with the type of goods or load being carried. Does the driver hold a current valid driving licence for the class of vehicle being driven In all cases each of the answers should be recorded. The seizure notice is an ideal place to record the information as it will then be available to the person who, at a later date, will be asked to release the vehicle from seizure. Application at the Roadside 21 The police helpline is open between 7am and 2am Sunday to Thursday and between 7am and 3am on Friday and Saturday. Telephone:

29 ACPO Best Practice Guidance 2014 A formal request for the production of the certificate of insurance and the driving licence should follow. Licence produced form a belief that the vehicle is uninsured. The stated case underlines the fact that where there is no reason to doubt that a certificate is relevant, no seizure should take place. Application at the Roadside 22 If a driving licence is produced, it should not be accepted on face value and a PNC check undertaken to ascertain the validity of the produced driving licence and driving entitlement. Whilst not a definitive guide to forgeries, or licences which are invalid for other reasons, the Department for Transport Guide endorsed guide by the Energy Saving Trust, on checking licences (intended for employers of drivers) is a useful reference. The guide is currently available at Driver_Licence_Check_Guide.pdf As a result of changes in EU law, from January 2013 there have been some changes to the format and categories affecting driving licences, particularly in relation to mopeds, motorcycles, vocational licences and trailers. A summary of the changes and the new licence categories can be found at changes-tothe-driving-licence-and-categories Insurance certificate produced If a certificate of insurance is produced, the stated case of Pryor v. Chief Constable of Greater Manchester [2011] CA requires that it must be taken at face value and accepted as evidence of insurance. If the vehicle is subsequently seized following further enquiries, that seizure may be unlawful. Following discussions with the Motor Insurers Bureau and the Association of British Insurers, the process outlined below suggests a pragmatic way of dealing with the issues raised by the case. Each force may, however, wish to seek its own legal advice. This case only applies where a driver produces a relevant certificate of insurance which is issued under Road Traffic Act 1988 and purports to evidence insurance issued in accordance with Section 143. Where no such certificate is produced, an officer may make such enquiries as are necessary to form his/her own decision as to whether the vehicle is reasonably believed to be insured or not. The court opines that where an officer has been handed a certificate that he/she clearly believes to be a relevant certificate, no further enquiries should be made and the officer cannot subsequently go on to Where an insurance certificate is produced at the roadside, the officer is entitled to ascertain if it is a relevant certificate or not (i.e. the driver is or is not insured) and may make enquiries. If those enquiries subsequently reveal that the certificate was not relevant, i.e. the certificate was revoked; false or policy conditions rendered the driver uninsured, any seizure under Section 165A would almost certainly be lawful. If the officer at the roadside is not sure if the certificate produced is relevant or not, it would be prudent not to seize but to consider reporting for summons. The important aspect of this case is that where subsequent enquiries reveal that the certificate that was produced was indeed a relevant certificate, and the driver was insured, there should be a robust policy that ensured that the vehicle was returned forthwith to the driver; in much the same way as any other vehicle where the officer s reasonable belief that the driver was uninsured proved to be unfounded. An officer may only form a reasonable belief that a vehicle was uninsured, or the driver unlicensed, after all reasonable enquiries have been completed. Subject to availability, officers should always make checks through PNC and other relevant checks at the scene where necessary. Such checks would typically include the Motor Insurers Bureau Police Helpline, Force DVLA Liaison and the insurer. If, having exhausted all enquiries, the officer has a reasonable belief that the relevant offence has been committed; s/he may seize that vehicle and remove it. The Motor Insurers Bureau Best Practice Guidelines on open Certificates of Insurance contains, at Appendix 1, much guidance on how to read and interpret insurance certificates. The advice in this document is equally valid for other forms of insurance. The seizure Provided that the vehicle has stopped and: The officer has demanded production of the relevant documents. A warning that failure to produce them may result in seizure. The documents have not been produced and

30 ACPO Best Practice Guidance 2014 The officer has reasonable gounds to believe that a relevant offence is or has been committed. The officer may seize the vehicle What are reasonable grounds to believe The criteria for reasonable grounds to believe or to suspect are the legal threshold for the exercise of almost all the coercive powers available under PACE, and other relevant legislation, and for the non-coercive powers also contained in the PACE Act There must be reasonable grounds to believe if the exercise of those powers is to be justified. In the absence of reasonable grounds to believe or suspect, the exercise of those powers is not permitted and any consequential interference with the freedom of an individual is unlawful. Whether or not a constable has reasonable cause to suspect or believe is for a court to decide. The different formulations seek to impose a higher threshold for powers requiring reasonable grounds to believe which involve the invasion of a person s privacy, continued detention and so on and decisions which require more mature reflection and consideration. In contrast, powers which are frequently exercised, for example stop and search and arrest powers are conditional upon the existence of reasonable grounds to suspect. This is a much lower standard than believe. In legal terms, reasonable grounds to believe requires something close to certainty. It is not necessary to have substantial proof before one can be said to believe but the existence of a belief implies that there is more information available. If there are ten steps from mere suspicion to certainty, or, accepting the fact that something is true, then reasonable suspicion may be as low as step two or three, whilst reasonable belief may be as high as step nine. A police officer may receive information from various sources, some of it anonymous, stating that a person is responsible for an offence; he would have reasonable grounds to suspect but certainly not believe. PNLD Extract Reasonable grounds to believe

31 ACPO Best Practice Guidance 2014 Application at the Roadside 24 Safety of the occupants When seizing a vehicle, the safety of the occupants of the vehicle must be considered. Removing a vehicle and leaving the occupants in a position of potential danger is not acceptable. Particular care should be taken of vulnerable people and very careful consideration must be given before seizing a vehicle containing any disabled person. An invalid carriage is excluded from these Regulations. It is not good practice to call for a recovery vehicle until the officer has exhausted enquiries and has exercised a power of seizure. Once seizure has taken place, the return of the vehicle should only take place through production of the documents at a specified police station. Serving a seizure notice The Regulations require that an officer on seizing a vehicle must give a Seizure Notice to the driver unless the circumstances make it impracticable for the officer to do so. It is good practice for a copy of the notice to be held with the vehicle. In many forces this could mean providing a copy to the recovery operator. A seizure notice must also be given to, or served upon the registered keeper and/or owner, if this is not the driver. Regardless of whom the officer believes to be the owner or keeper of the vehicle it is essential that the seizure notice is served on the driver. There are responsibilities under the legislation that other notices may have to be served but it is imperative that the process starts with the service of a seizure notice on the driver. The content of the seizure notice is discussed in further detail on page 26. The officer will, as soon as he/she is able after a relevant Motor Vehicle has been taken into his custody, take such steps as are reasonably practicable to give a seizure notice to the registered keeper and to the owner, where that appears to be someone different, of that vehicle, Except where: a seizure notice has already been given to the registered keeper and to the owner, where that appears to be someone different, or the vehicle has already been released. If the vehicle is reclaimed and collected by the driver, no further service of notice is necessary. However, if the driver does not reclaim the vehicle, the law requires that a seizure notice in the prescribed format must also be served on the owner and/or keeper. Service of notice on the owner/keeper if not the driver is required by registered post. This postal service no longer exists but the Home Office advises that recorded delivery meets the definition of registered post specified in the legislation. The Lord Chancellor s Department has given practice directions that many official court notices may now be served by first class post but this does not officially extend to notices under these Regulations. When service of a seizure notice on the owner/keeper is necessary, a further period during which the vehicle may not be disposed of commences. Where the driver, keeper and owner are not the same person (or entity), all three must be served notices as soon as practicably after seizure. Early service of these notices also avoids delay in disposal of the vehicle at the end of the notice period. The Regulations require that the vehicle may be reclaimed once certain documents have been produced at a police station. Unlike the HO/RT/1 procedure, it is for the constable, not the driver, to nominate the police station where the documents are to be produced. The seizure notice is an ideal method of providing the driver with full details of how to reclaim the vehicle. It is also good practice for forces to provide information regarding police stations and procedures on a website, with the address for the website included on the seizure notice. Finance companies Finance companies remain the owners of vehicles until the final payment has been made. They will typically not be the registered keeper of the vehicle although Motability Operations Ltd generally is. Care will need to be taken to ensure that such companies receive a relevant seizure notice if the vehicle is not reclaimed. ACPO and the Finance and Leasing Association have an agreement where, through HPI Ltd, finance companies with an interest in a vehicle are notified

32 ACPO Best Practice Guidance 2014 though the Crushwatch scheme. Participation in Crushwatch is endorsed as good practice. Notwithstanding the Crushwatch notification, forces should be aware that the notification through HPI Ltd., does not include all the information necessary to comply with the minimum requirements of Section 165 and the Regulations and notification through Crushwatch is not sufficient notice, served in accordance with the requirements of the Act. If a finance company does not subscribe to Crushwatch, or does not respond to a Crushwatch alert, it is good practice to immediately serve a seizure notice on the finance company to avoid further delays upon expiry of the 14 day period. Disclaimer Whilst an owner may disclaim the seized vehicle against signature, the legislation does not allow the early disposal of the vehicle. A disclaimer may not, therefore, result in its early destruction. Accordingly, a disclaimer may be considered to be unnecessary. Penalty Once the seizure notice has been given to the driver, s/he should be reported for any offences disclosed and an appropriate procedure for the consideration of prosecution, or an invitation to pay a fixed penalty, should be commenced in every case. N.B. The seizure of the vehicle is made in order to prevent a continuing offence. Seizure alone should never be considered as a punishment Application at the Roadside 25

33 ACPO Best Practice Guidance 2014 Seizure Notice Requirements a. It is important that relevant information is recorded on a seizure notice. Some forces may wish to also record this information on their central command and control system and/or on a data management system b. The seizure form should order information in the same way in which the key questions should be asked at the roadside. nominates for this purpose a third party who produces at a specified police station a valid certificate of insurance covering that person s use of that vehicle and a valid licence authorising that person to drive that vehicle, Additionally, the information below should be collected and recorded on the notice: Time and date of stop Force command and control incident log number VRM Seizure Notice c. In addition to the recordable information the seizure notice should also provide details about how the owner/ keeper can reclaim their vehicle. Key information to be recorded The Regulations do not set out the format of the seizure notice but do make certain statutory requirements as to the content. The following data must be provided on the notice: Make Model Driver forename Driver address Driver date of birth Driver gender 26 the place where the vehicle was seized; the place where it is now being kept that the registered keeper or owner of the vehicle is required to claim the vehicle on or before the date specified in the notice, being a date not less than 7 working days from the day when the notice is given to the registered keeper or owner; that unless the vehicle is claimed on or before that date the authorised person intends to dispose of it; that charges are payable under these Regulations by the registered keeper, owner or driver of the vehicle in respect of the seizure and retention of the vehicle, and that the vehicle may be retained until such charges are paid; and that the vehicle will be returned provided the registered keeper or owner of the vehicle either produces at a specified police station a valid certificate of insurance covering the use of that vehicle and a valid licence authorising them to drive that vehicle; or If the driver is not the owner, the name and address of the owner or keeper Insurance details on any certificate produced: policy reference certificate number; insurance company; validity and whether checked with the Motor Insurers Bureau. Name and address of the policyholder - if not the driver Driver s relationship to policyholder: spouse/ partner/friend/employee/family member/ refused/other (specify) Purpose of journey when vehicle was stopped Owner/keeper confirmed via PNC? Driving licence details: driver number, entitlement checked and valid yes/no Offence: driving licence, insurance, both Driver s signature (including property disclaimer) An example of a typical seizure notice is appended to this guidance at pages 42 and 43.

34 ACPO Best Practice Guidance 2014

35 ACPO Best Practice Guidance 2014 Release Process Release Process The legislation relating to the release of a vehicle is contained in Regulation 5 of the Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 PNLD Document No D16695 A vehicle must be retained for a period not less than 14 days. If, before the vehicle is disposed of, a person: satisfies the authorised person that he is the registered keeper (as shown on the DVLA database) or the owner of that vehicle; pays to the authorised person such a charge in respect of its seizure and retention as is provided for in Regulation 6; and produces at a police station specified in the seizure notice a valid certificate of insurance covering their use of that vehicle and a valid licence authorising them to drive the vehicle, the police shall permit them to remove the vehicle from custody. Where a person shows that they are the owner or registered keeper and are prepared to pay the charges but is unable to produce the necessary documents they may nominate, for this purpose, a third party who must produce a valid certificate of insurance covering that person s use of that vehicle and a valid driving licence authorising that person to drive that vehicle. If the owner/keeper and third party fulfil these requirements, the authorised person shall permit that person to remove the vehicle from custody. In determining whether they are satisfied that a person who claims to be the registered keeper of a relevant Motor Vehicle is in fact the relevant keeper, an authorised person shall refer to the register. In other words, the registered keeper at the DVLA may claim a vehicle although officers may consider that adequate proof of identity may also be required. 28

36 ACPO Best Practice Guidance 2014 Retention of the vehicle Once a vehicle has been seized under the Act it remains in possession of the seizing police force (in many cases this may be with designated Vehicle Recovery Operator) until such a time that it is released by a police officer or authorised member of police staff or is subsequently disposed of under the Regulations which cover vehicle disposal. For the purpose of this chapter, an authorised person is any police officer or other member of police staff authorised by the chief officer and responsible for the release process. For ease of reference they will be referred to as front counter staff. Securing the release of a vehicle (time and locations) Subject to conditions, the Act and Regulations give officers the power to seize vehicles and, once seized, the power to dispose of the vehicle concerned after 14 days. The Regulations further state that if, between seizure and disposal, a claimant satisfies the conditions of Regulation 5, the vehicle shall (must) be returned to them. The legislation does allow some discretion. Regulation 5 provides a list of conditions which, if fulfilled, must result in the return of the vehicle. Forces may, if circumstances demand, retain vehicles until all the criteria are met. However, if there are circumstances under which forces wish to return a vehicle without all of the conditions being met, the Regulations do not prohibit that. For example, the Regulations require that an owner/keeper must produce a valid driving licence. A claimant may, for example, have a valid driving entitlement (e.g. as granted by Section 88 of the Act) but their actual licence and counterpart may have been retained by DVLA. Under such circumstances, officers may wish to consider the production of evidence of the entitlement to drive as sufficient; and in lieu of the actual licence. It is not considered to be good practice to allow owners or keepers to remove vehicles from a typical seizure without having complied with the requirements of Section 165B Road Traffic Act. It is not good practice, for example, to allow vehicles to be removed on a trailer, low loader or, in the case of motorcycles, in a van in order to avoid having to comply with the legislation. The legislation does not, however, preclude such actions and it would be good practice to exercise discretion in sensitive or particularly unusual cases. To secure the release of a vehicle, the owner or registered keeper of the vehicle must attend at the designated police station, with their documentation, within seven working days (Saturday, Sundays and public and bank holidays are not included.) This is a minimum period and the date before which the vehicle must be reclaimed. Forces may wish to elect to allow documents to be produced up to the 14 days period during which the vehicle must be retained before disposal. In this document, the place where a person must produce their documents is referred to as a police station because that is what the Regulations specify. It is accepted and understood that many forces are utilising joint service centres with other public service providers. To comply with the Regulations, these centres should also be officially designated as police stations. It is recommended that police forces designate specific stations in their area for the purpose of release and it is strongly recommended that a single, or a very small number, of stations are designated to deal with Open Policies (Trade Policies) of Insurance and/or other more complicated issues or to address a local problem. This will enable front counter staff to receive enhanced training and resources to provide a competent and confident service. It is also easier to provide further guidance and support (e.g. update sessions) for fewer stations. It is recommended that the hours during which vehicles may be reclaimed are restricted to those during which insurance underwriters are available to check the validity of produced certificates. Underwriters might not be available outside of normal office hours even though the Motor Insurers Bureau Police Helpline is open for calls. In order to ensure procedures are sufficiently robust, forces may wish to consider it best practice that the release process for vehicles remains in the same Force area where they were seized. This will allow the front counter staff to have access to local information relating to the original seizure, which will not generally be available from other forces. Often the front counter staff will need to seek assistance from other organisations before authorising the release of a vehicle - such as the DVLA, the Motor Insurers Bureau and the insurance companies. It is therefore recommended that opening hours for release are limited to office hours, Monday to Friday. Release Process 29

37 ACPO Best Practice Guidance 2014 Release Process Ensure that all details are recorded and forward to the appropriate Intelligence section. Release process The process for release involves a series of steps, completion of which, in turn, will result in the release of the vehicle. However, if any step cannot be satisfactorily completed, the process should be stopped and the vehicle not released. Several forces have adopted a step process and this should be considered to be best practice. A generic mnemonic can be considered to assist front counter staff: P repare: read notes on central log, look at seizure notice, ask key questions and record answers O wner/keeper L icence It is good practice for front counter staff to make themselves aware of the circumstances surrounding the seizure and that they are aware of any responses to the seizing officer in respect of the recommended questions asked of the driver at the roadside Compare the information that has been supplied to the front counter staff with that recorded on the force central log. There may be differences which affect the validation of the documents produced. Establish the identity of those persons present and only deal with the owner or registered keeper and their nominee. O = Ownership/keeper The first requirement for return of a vehicle is that the Station staff has to be satisfied that the claimant is either the registered keeper or 30 I nsurance C entral log/command & control system: create notes: clearly record all details E mail/electronic/elvis notification to VRO P = Prepare Check to ascertain that all the necessary documents are in the possession of the claimant. Verify that the station where the claimant has presented him/herself is the station named on the seizure notice. It is for the seizing officer to nominate the station and not for the claimant to attend at a station which suits them. If forces elect to allow returns at more than one police station, it is recommended that only stations of that force are nominated and that staff at those stations are able to communicate through a central system so that they are aware if a claimant has been to another station beforehand, where they may have had their claim rejected and why. the owner of the vehicle. Establish ownership straight away making a note of what was said. These notes can be on paper proformas or electronic databases such as ELVIS or Niche. Registered Keeper Ascertaining if the claimant is the registered keeper is a matter of fact and can be verified by checking the DVLA register through the DVLA. That can be done by undertaking a #VK check on the PNC Legal responsibility for notifying a change of ownership rests with the previous keeper - although the new keeper has a duty to inform the DVLA too. Accordingly, a new keeper may have only the V5C(2), new keeper supplement, for up to 14 months after purchase, only being obliged to notify the DVLA when the vehicle has to be re-licensed (The DVLA allows a tolerance up to 2 months). It is good practice to copy the documents produced and to make the images available to staff at other stations. In this way, alterations and changes can be monitored.

38 ACPO Best Practice Guidance 2014 The new keeper can commit an offence of using a vehicle when the relevant details are not registered with the DVLA. However, as the legal responsibility to put the name on the database rests with the previous keeper, if the previous keeper doesn t send the V5, the new owner has a valid excuse for their name not being on the record. The current legal situation plays into the hands of those who do not wish to have their personal details added to the DVLA record and it is for this reason that it is good practice that a V79 or V62 notification should be submitted (Notification to the DVLA of a new keeper or application for a new V5). Forces may wish to consider the requirement for the registered keeper to provide evidence of identity. Ownership If the owner is not listed as the registered keeper on PNC and/or the PNC enquiry shows that there is no current keeper then the owner will need to provide documentary evidence to support claim as to ownership. A bill of sale/ receipt is true evidence of ownership - in other words an official invoice that can be authenticated and traced. A hand written note should not be deemed as acceptable unless supported by other documentary means (proof of payment or banking record). The Regulations specify that, in determining ownership, an authorised person may consider such documentary evidence as that person may supply them Release Process 31

39 ACPO Best Practice Guidance 2014 If a person claims to own the vehicle and only produces the V5C(2), new keeper supplement, further verifiable evidence of change of ownership would normally be required. A V79, police notification of keeper to the DVLA, should be submitted. The owner may also be encouraged to apply for a new V5C on a form V62. Any trader should keep a log for the purposes of paying the VAT on the buying and selling of vehicles and is also obliged to keep a log of all vehicles used under open policies of insurance. Either log may provide evidence of purchase of a vehicle prior to the seizure. This MUST be done on whichever date is the earliest of (a) the day on which the vehicle trader first uses, or permits the use of, the vehicle on a public road otherwise than under a trade licence; (b) the day on which he first keeps the vehicle on such a road; (c) the three months after the date on which the vehicle was last kept by a person who was not a vehicle trader. Release Process Disposal of vehicles to a trader When disposing of a vehicle to a trader, the law places obligations on both the previous owner and the Vehicle Trader. A Vehicle Trader is a person who (a) is the holder of a trade licence; (b) carries on business as a dealer in motor vehicles; This is a summary of the provisions of the Road Vehicles (Registration and Licensing) Regulations 2002 but it will be seen that the frequently held perception of the motor trade that they don t ever need to register the vehicle is incorrect. They must register the vehicle in their name if they use the vehicle on the road other than whilst using trade plates or retain the vehicle for more than three months. 32 (c) carries on business as an auctioneer of Motor Vehicles; (d) carries on business as a dismantler of Motor Vehicles; or (e) in relation to a particular vehicle, is - (i) a finance company which has acquired that vehicle under an order for repossession ; or (ii) an insurer which has acquired that vehicle in satisfaction of a total loss claim. The obligations of the Registered Keeper Where a registered Keeper disposes of a vehicle to a vehicle trader and has a V5C, they must complete and submit to the DVLA the part of the registration document which relates to the transfer to a vehicle trader V5C(3), The obligations of the Vehicle Trader The vehicle trader must notify DVLA that they are the new keeper on the change of keeper section of the V5C. Change of ownership It is important that an indication of ownership is ascertained at the roadside and that the front counter staff are aware of the responses to this line of questioning. Legal advice concludes that denying a change of ownership whilst the vehicle is in the custody of the police may be unlawful and may engage certain principles of the Human Rights Act (The right to free enjoyment of property). In interpretating owner in relation to Regulation 5, it is the opinion of the ACPO Liaison Officer to the Department for Transport that the vehicle should be returned to the person who was the owner or keeper of the vehicle at the time of the seizure. If not interpretated this way, Regulation 5(5) effectively precludes the new owner from any liability to pay the charges. (see page 36, exemption to the charges). It is suggested that this could not have been the intention of the legislature. The law therefore requires that a vehicle owner has to be permitted to sell a vehicle whilst it is in police custody but it will be returned to him or her. Any purchaser will become the third party claimant, as specified in the Regulations. The owner or keeper of the vehicle will therefore be the claimant and pay the charges but the purchaser will produce a driving licence and insurance to enable them to drive the vehicle.

40 ACPO Best Practice Guidance 2014 Most insurers will not allow an open policy to be used to reclaim a vehicle whose ownership has changed since seizure. A open policy will normally only provide cover if the vehicle was owned by the policyholder, or was in their custody care or control at the time of the seizure. Finance companies The contracts with all finance companies specify that the company remains the owner of the vehicle until the final payment has been made. As the owner, the finance company has as much right to the return of the vehicle as the keeper, normally the person who took out the finance. If the company has been notified of the seizure through Crushwatch, it is perfectly feasible that the finance company will reclaim the vehicle before the keeper. The company, as the vehicle owner, should comply with the requirements of Section 165B. There is no dispensation in law for them to avoid the requirements of the legislation in this respect. Company claimants will typically not be in possession of a seizure notice and returns processes which require the seizure notice to be endorsed will have to incorporate a facility to enable the release to be facilitated. If the person cannot satisfy the front counter staff that they are the lawful owner or registered keeper of the vehicle then it should not be released to them and will remain in police possession. Only once the keeper or ownership has been ascertained should an entitlement to drive be verified. L = Licence In considering the licence, the front counter staff will wish to be aware of the provisions relating to driving licences which are contained within the section on roadside seizures. Establishing if a person has a valid driving licence at the roadside is equally valid when ascertaining if they, or another claimant, is entitled to the release of the vehicle. The owner or keeper must produce a valid driving licence although, if the owner or keeper cannot produce insurance and/or a driving licence, that person may nominate a third party to produce valid insurance and driving licence, valid at the time the documents are produced. The Regulations require that a valid driving licence is produced but makes no reference to a valid entitlement to drive. Under certain circumstances, the DVLA may revoke a licence but the law may provide a valid entitlement to drive. Forces may decide that an entitlement such as this provides sufficient evidence that an offence is no longer continuing and that the vehicle may be released. Nothing in the Regulations prevents a return under such circumstances, should the force so wish. The nominee must produce the appropriate driving licence for that class of vehicle What constitutes a licence? A licence which has been issued by the appropriate authority for that person and authorises that person to drive that class of vehicle. This may consist of either a single UK paper licence, both parts of a photocard UK licence (plastic photo card and paper counterpart together - either one alone does not constitute a licence). Please note: DVLA will be removing the requirement for the paper counterpart in the near future. an EU licence, a non EU licence. It is advisable to request to view the holder s passport to ascertain the date of entry into the UK, An International driving permit (only if accompanied by the original driving licence of which it is a translation), A police fixed penalty receipt or other official court or police receipt but it can not be a photocopy. Compare driving licence issue numbers with counterpart issue numbers. They cannot be mixed and matched. Checking the validity of licences There are many anti-fraud measures applied to licences and it is good practice for a force to train front counter staff on how to detect fake driving licences. Further assistance should be sought from the DVLA on this subject but forces may wish to consider purchasing a Release Process 33

41 ACPO Best Practice Guidance 2014 Release Process basic fraud detection kit for front counters - i.e. an ultra violet lamp and a magnifying glass. Driving licence validity may be checked against records held by the DVLA via PNC #DL or DVS. Such checks may also reveal shadow records, where a driver has a conviction in a UK court but holds a foreign issued licence. The use of the DVLA driver data for any check not undertaken in connection with an offence under the Road Traffic Act is not permitted. Further assistance to check EU licences may be gained From the Direct Gov website browse/driving/driving-licences Internet searches and police circulations and forums. Retain any expired or revoked licences or any licence produced by a disqualified driver enter into the force property system and return to the appropriate department at the DVLA. I = Insurance Certificate Checking the validity of the certificate It is necessary for a claimant to produce a valid certificate of insurance. Where there is a reasonable doubt that a certificate has been obtained through the making of a fraudulent statement or fraudulently making an omission in relevant particulars, validation checks can and should be made with the Motor Insurer Bureau. The police helpline is open between 7am and 2am Sunday to Thursday and between 7am and 3am on Friday and Saturday. Telephone: Front counter staff will need to have the full details available to hand over to the helpline. The Motor Insurers Bureau will, from time to time, publicise details of known forgeries or scams on their police website. 34 The owner or registered keeper, or a third party nominee, must produce a valid certificate of insurance for their use of the seized vehicle on the road at its time of release. The legal onus is upon the claimant to prove insurance and not upon the police to seek evidence of cover or to prove a lack of insurance. Claimants must therefore produce the actual certificate of insurance in one of the accepted formats. It is not acceptable for claimants to produce a fax or other paper with an insurance policy number on it and expect the police to undertake the enquiries. It currently remains the case that a person is not insured until a certificate of insurance has been delivered to them (N.B This may be changed by Parliament) A certificate may be delivered electronically by the Insurance Company or made available electronically (i.e. on an Internet web page). The police are under no obligation to provide any equipment to enable the reading of an electronically delivered certificate. If fraudulent amendments are suspected, scan the certificate and to the insurance company to check if any alterations have been made since it was originally issued. On occasions, the front counter staff may also need to speak directly with the insurance company to ascertain the validity of the certificate. When doing so, check all of the details, including the address of the claimant. Some drivers in large cities falsely claim to live in remote rural areas in order to obtain insurance on preferential terms check the postcode and validate the address. When first reclaiming the vehicle, it may be considered good practice to inform the claimant that front counter staff may contact the insurer and verify that the insured person has informed the company that: the vehicle has been seized by the police and the vehicle is currently in a police pound and the driver/owner of the vehicle may be subject to a pending prosecution (if known to be the case). Data Protection Act Please note that disclosures of personal information to insurers or the Motor Insurers Bureau are governed by the Data Protection Act. Please see page 19 in this regard and note that it is recommended that all such disclosures are recorded, in writing, in a format recommended by individual forces.

42 ACPO Best Practice Guidance 2014 Insurers are likely to rescind insurance cover where a material fact has not been disclosed or a misleading statement made in order to obtain insurance. Certificates of temporary, or short-term cover normally exclude the release of a vehicle from a police compound and certificates or cover notes would typically list this restriction as exclusion. Any cover notes or certificates of insurance should be carefully examined on production. Whilst the PNC contains largly the same insurance details as the MID they are not detailed enough to verify the validity and the PNC entry is not a certificate. A check with insurers may be necessary where they is any doubt. Open Policies of Insurance (Motor Trade) The ACPO endorsed document Dealing with Open Polices of Insurance (Motor Trade): Good Practice Guide for the Police (Motor Insurers Bureau) provides clear guidance specific to open policies which forces should take into consideration. The latest version of which is available from the Motor Insurers Bureau or for download from the dedicated Motor Insurers Bureau Police Intranet site The force should have a local policy which ensures a consistent approach as to whether the owner or registered keeper should be brought into the criminal justice system for the offences of cause, use, permit the impounded vehicle s use. C = Central log / command and control system It is good practice for each and every reclaim, or attempted reclaim, to be noted on an electronic central log. Upon being satisfied on the questions of ownership, licence and insurance, the front counter staff should indicate on a central log the name of the person to whom the vehicle has been released and, where appropriate, the name of the nominated driver. E = Electronic notification to recovery operator If all of the steps have been completed and the front counter staff are satisfied on all points, they should endorse a release form (which may or may not form part of the seizure notice). Release Process Most open policies of insurance do not allow their use to reclaim seized vehicles unless the vehicle was in the custody care and control of the policy holder at the time of the seizure. Accordingly, an open policy will probably not be adequate to cover the release of a vehicle which has been purchased by a trader subsequent to seizure having taken place. In ascertaining when ownership was transferred in such cases, there may be some worth in checking a policy holder s log. Policy holders are obliged by law to keep a record of every vehicle which is used under the open certificate and that record may assist in proving when ownership took place. After 14 days, the policy holder is obliged by law to notify the insurance company of the acquisition of the vehicle. If no such record is produced, or no notification has taken place, it may be that the trader didn t own the vehicle at the time of seizure. Policy holders may be prosecuted for failing to keep a required record or failing to notify the insurer where required. It is recommended that forces also adopt an electronic form of confirmation with vehicle recovery operators. This could either be in the form of a fax transmission, an , or notification through a vehicle management database such as ELVIS. Adopting this process will reduce the possibility of vehicles being fraudulently claimed from the recovery operator. Support to be provided to front counter staff Forces should recognise that the release process is equally as important as the seizing of vehicles. In fact, it could be argued that the release of the vehicle back onto the road is the most important part of the process. To this end sufficient support should be given to front counter staff including but not limited to: Training on the Act and related areas (see page 9) 35 Guidance documents / process flows

43 ACPO Best Practice Guidance 2014 Release Process 36 Ability to refer/escalate to a central point within the force (super user / owner of local policy) Updates on legislation and policy (including mail-outs and update sessions) Ultimately, the front counter staff should feel empowered to perform the task that is being asked of them. At the recovery operator Recovery operators should have access to an electronic means of receiving notification of the release of the vehicle and to the person whom it should be released. It is good practice for the claimant to produce photographic proof of identity and proof of their current address. Property and vehicle components When a vehicle is seized, the driver and passengers should be encouraged to clear the vehicle of personal possessions and certainly any valuable property. However, there will be occasions when it is not practicable for them to do so. The local Vehicle Recovery Scheme should have a process in place for dealing with property and this may include the property being removed, listed and securely stored in clear bags. Whilst a vehicle is in police custody, owners and drivers frequently demand the return of personal property and components from the vehicle. The return of personal property is a matter for individual forces but a general principle is that the tools of the trade, medication and child restraints will never be retained. Forces should consider whether it is appropriate for the owner or registered keeper to have direct access to the vehicle and may wish to have a process where the property is brought to them in the reception area of the recovery pound. Unless arrangements have been made to collect the vehicle and/or property immediately, it may be appropriate to consider the disposal of any perishable property, such as foodstuffs, if there is a probability that it will start to decompose whilst the vehicle is retained. Legally, component parts of the vehicle, such as wheels, music systems and any other accessories attached to the vehicle itself probably form part of the vehicle and should typically only be returned if the vehicle itself is released. Retention of the relevant Motor Vehicle is authorised until the conditions of Regulation 5 are fulfilled. In seeking guidance as to what constitutes a Motor Vehicle for these purposes, some assistance may be found in The Road Traffic Regulation Act, which defines a vehicle as any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle. Statutory charges Fees are prescribed by law and are payable to the chief officer. Vehicles should not be released until the appropriate charges are paid. There is a daily prescribed storage charge which commences at noon on the day following the seizure provided the garage is open until noon on that day. Otherwise the storage charges commence on the next working day - at noon. Once storage charges start, they are applicable on every day, including Sundays and Public and Bank Holidays. Exception to the charges The Regulation states that a person shall not be liable to pay the prescribed charges if: They were not driving the vehicle at the time it was seized; and They did not know that the vehicle was being driven at that time, had not consented to its being driven and could not, by the taking of reasonable steps, have prevented it from being driven. It is suggested that this section was to enable a vehicle to be returned to a legitimate owner from whom it had been stolen. It is further suggested that it was not the intention of the legislature to allow a new purchaser to avoid paying the recovery charges by citing this section.

44 ACPO Best Practice Guidance 2014 Permitting release without compliance It is not considered to be good practice for forces to allow vehicles to be removed on a trailer in order to avoid complying with the requirements of Section 165B and the Regulations. At the discretion of the force, exceptions might be appropriate in exceptional circumstances where, for example: vehicles which are defined by law as Motor Vehicles but for which it is impossible to obtain Section 143 insurance such as Go-peds. De-restricted mopeds which are being released to parents In such cases forces may wish to allow the vehicle to be taken away in a van or on a trailer, provided ownership is proved and the fees are paid. Once Section165 requirements are complied with, the owner/keeper may remove the vehicle in any manner they choose. Section 8 disposal procedure for vehicles The disposal procedure that must be adhered to is clearly outlined in Regulation 7 Subject to the statutory limitations and to the expiry of notice periods, the Chief Officer or his nominated person may dispose of the vehicle in such manner as they think fit at any time, If the registered keeper and owner of the vehicle appear to be the same person and that person fails to comply with all of the requirement in a seizure notice; or it was not possible to serve a seizure notice. Where the registered keeper and owner appear to be different, both have been served with notices and neither has complied with all requirements in that seizure notice or it was not reasonably possible to serve notices on one or both.

45 ACPO Best Practice Guidance 2014 Release Process 38 The vehicle may not be disposed of within the 14 days after seizure or 14 days after the service of the last notice, which had to be served or during the period of 7 working days starting with the date on which the vehicle is claimed under Regulation 5. In order that the full disposal requirements are met, it is recommended that any person, who is authorised to dispose of a vehicle on behalf of the chief officer, has a full understanding of this section of this legislation. It is also recommended that a full audit trail of all relevant documents relating to seizure and subsequent registered keeper/owner enquiries is retained. Before a vehicle can be lawfully authorised for disposal certain criteria need to have been met. Best practice would therefore include a check list of requirements that need to be followed to ensure all elements of the process have been followed. Disposal process Ensure all relevant seizure notices have been issued to the driver, keeper and/or owner and that any date specified in those notices has passed. Carry out further checks via PNC and HPI to ensure no new registered keeper/ owner details have been added. Match visible VIN of the vehicle to the registration displayed via PNC to verify vehicle identity. If vehicles are sold, it should be noted that there is no exemption for police forces from the requirements of the Registration and Licensing Regulations requiring the keeper to ensure the DVLA record is update. Once a force becomes a keeper the vehicle should be registered in the name of the force before disposal. H.M. Revenue and Customs currently considers that the proceeds of sale of vehicles, or of vehicles sold for scrap, are subject to VAT. Where the proceeds of sale or scrap are passed to recovery operators as full or part payment for their recovery services, forces should ensure that the VAT on that payment for services is accounted for to H.M. Revenue and Customs. Specialist advice on VAT should be available to recovery schemes. Where the force disposes of the vehicle by means of sale, it must pay the net proceeds of sale to any person who, within a year of the date of the sale, makes a claim for them and satisfies the force that they were the owner of the vehicle. If more than one person claims to be the owner of a particular vehicle, the force may choose which it believes to be the most appropriate. In this case, the net proceeds of sale means the sum by which the proceeds of sale exceed the aggregate of the statutory seizure and retention fees. If vehicles are sent for destruction, this should be via an authorised treatment facility and a certificate of final destruction must be issued. Certificates of final destruction are entered directly onto the DVLA database but the scheme does not currently extend to motorcycles or larger goods vehicles. For such vehicles a Notice of Destruction should be completed and posted to the DVLA.

46 ACPO Best Practice Guidance

47 ACPO Best Practice Guidance 2014 Complaint Handling 40 Complaint Handling In order that complaints regarding the Act can be dealt with in an appropriate and methodical way it is recommended that each police force adopts a centralised complaint handling process. This will enable each force to provide a fair, standardised response to complaints. Centralised Complaint Handling By creating a centralised process for complaint handling, a police force will be able to ensure that it follows a consistent approach. This will ultimately provide a better service to the public and ensure that people are treated fairly. It is recommended that the central contact within a force oversees the complaint process. It has already been established that this person will have an advanced level of knowledge about the Act and will most likely be responsible for local policy issues. Through centralisation of complaint handling, each force will have a clearer picture of how effective their local policy is and will be able to build upon the policy as a way of continuous improvement. Each force will determine its own processes for handling complaints; including the ability to escalate a complaint. Types of complaint Complaints relating to the seizure For example: The complainant states that they did have a valid driving licence and/or insurance certificate at the time of seizure. Complaints relating to the repatriation For example: The complainant is unhappy that a vehicle is not released to them. Complaints relating to the penalty For example, the complainant feels that a penalty notice rather than prosecution was appropriate. Any other complaints following seizure Any other complaint relating to Section 165 activity is not covered by this guidance document and should be dealt with by forces as they see appropriate (for example: complaints relating to a police officer, complaints about the statutory fees, complaints about damage to a vehicle, complaints about property missing from a vehicle. Complaints relating to the seizure The crucial point in relation to complaints about the seizure of a vehicle returns to the wording of the Act: 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) or Section 143. It is necessary to separate the two issues of: whether the driver was licensed and/or insured (an offence had been committed) and did the officer have a reasonable belief that there was no such insurance or licence. Often the complainant will later be able to evidence that they did hold a valid driving licence and/or certificate of insurance, when at the time of the seizure they were unable to do so. Therefore, a complaint about whether a vehicle should have been seized or not requires confirmation as to whether the seizure was lawful or unlawful. The seizing officer must be able to state how they came to form their reasonable belief (which further supports comments about the seizure being added to the force s command and control system when the seizure is made).

48 ACPO Best Practice Guidance 2014 The complainant needs to provide evidence why an officer was wrong to form reasonable belief. For example: where the officer was shown a letter from the DVLA clearly stating that whilst medical details were reviewed, entitlement to drive was retained. Complaints relating to the repatriation It is inevitable that some complaints will be generated at the front counter upon the production of documents for the Act. Where there is no evidence to support an unlawful seizure it is recommended that the force does not uphold the complaint. There will be occasions when external agencies and organisations have a bearing on an officer having reasonable grounds of belief. When an investigation into a complaint confirms that one of these organisations may be at fault then the complainant should be advised to address the claim or complaint to them directly. For example: an incorrect Vehicle Registration Mark listed on the Motor Insurance Database (in this example the complainant should be referred to their broker/insurer which will be able to investigate further into who was at fault). The force should not make unfounded statements or make assumptions as to how external organisations will deal with suspected errors. Where a seizure is found to be lawful but the reasonable belief of the officer originated from the claimants failure to comply with a legal requirement, a refund of the statutory charges may not be appropriate. For example, it may not be appropriate to refund charges where the user of an open policy has failed, as required by law, to notify the insurer of the acquisition of the vehicle; so it did not show on the insurance database. Ultimately, if the seizure is found to be lawful then the complainant must follow the repatriation process in order to reclaim their vehicle. It is not recommended for forces to waiver the process or the statutory recovery fees; nor should they engage in correspondence with an organisation on behalf of the complainant. If a seizure is found to be unlawful then the force has a duty to immediately refund statutory recovery and storage fees and ensure that any penalty that has been issued is nulified. Where it is found that no offence has been committed but that the seizure was lawful, the force should have a process available to ensure that any penalty is nullified or prosecution halted. Police forces will be keen to provide a fair and proportionate service. To this end, forces should work to the repatriation guidance in this document and be clear to the public as to what is required. Ideally, the motorist will have clear guidance on the seizure notice that they were given. The force should also look to provide guidance on their website and make this guidance available in police stations. Front office counter staff should be given clear direction on policy and processes for the repatriation of Section 165 vehicles. If followed, this will reduce the likelihood of any complaints about this part of the process. Front counter staff should be able to escalate significant issues to their supervisor and ultimately to the central contact for the Act within their force. Complaints relating to the penalty It should not be overlooked that there may be occasions when a vehicle has not been seized but a penalty notice has been issued. In these cases the complainant must provide evidence to prove that the officer who gave the penalty did not have reasonable grounds for doing so. If found to be justified then the force must ensure that all aspects of the penalty are revoked. Statutory recovery and storage fees Whilst it is important that complaints are investigated fully, the complainant must be made aware that the statutory terms of the recovery of their vehicle still stand. If they have not already done so they should be advised to follow the repatriation process and pay the statutory fee attributed to their vehicle. This will mitigate them from unnecessary storage fees should their complaint be found to be unjustified. If the complaint is upheld, the force should make a full refund of the statutory fees. Complaint Handling 41

49 ACPO Best Practice Guidance 2014 VEHICLE SEIZURE NOTICE OFFICER NUMBER Sections 165A and 165B Road Traffic Act 1988 and Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) (Amendment) Regulations T60 Y N ALTARIS REF DRIVER DETAILS M F DATE OF BIRTH SURNAME FORENAMES ADDRESS AREA/UNIT POSTCODE OWNER/REGISTERED KEEPER DETAILS (IF DIFFERENT FROM DRIVER) DRIVER IS OWNER Y N DRIVER IS REGISTERED KEEPER Y N Appendix If the driver is the owner and keeper please omit the details below. Otherwise please complete details of the owner or keeper below. SURNAME FORENAMES ADDRESS POSTCODE INCIDENT DATE INCIDENT TIME LOCATION STOPPED VEHICLE DETAILS VRM COLOUR MAKE MODEL VIN CHECKED ON PNC Y N DRIVING LICENCE CATEGORY REQUIRED DRIVING LICENCE PROVISIONAL D/L Y N L PLATES DISPLAYED Y N INSURANCE DRIVERS RELATIONSHIP TO POLICY HOLDER POLICY HOLDER SPOUSE PARTNER FRIEND FAMILY MEMBER EMPLOYEE REFUSED 42 PURPOSE OF JOURNEY AND NATURE OF LOAD CARRIED VEHICLE USE: SOCIAL & DOMESTIC BUSINESS OR HIRE AND REWARD This vehicle is being seized by Police because you have failed to produce a valid driving licence and/or have failed to provide evidence that the vehicle was insured. The officer has reasonable cause to believe that the vehicle is being used whilst the driver is: DRIVING WHILST UNINSURED AND/OR DRIVING WITHOUT A VALID LICENCE The vehicle has been removed to the premises of: In order to reclaim this vehicle, the Registered Keeper or Owner of the vehicle must attend ---- Police Station ---- (which is open to the public) within 7 working days from the date of this notice. Details of acceptable police stations, opening times and what must be produced is detailed overleaf. Failure to reclaim this vehicle within seven working days will result in the disposal of the vehicle after fourteen days from the date of this notice. OFFICER'S SIGNATURE RELEASE STATION OFFICER REF DATE SIGNATURE Drivers Copy: White Hantspol /14

50 ACPO Best Practice Guidance 2014 VEHICLE SEIZURE NOTICE NOTICE TO OWNER / RELEASE PROCEDURE The vehicle detailed overleaf has been seized by police because, at the time it was being driven, the officer had cause to believe that driver did not have valid insurance or was driving otherwise than in accordance with a licence for the vehicle. The Registered Keeper or owner of the vehicle is required to claim the vehicle within 7 WORKING DAYS from the date of seizure; or 7 WORKING DAYS after service of the notice on the owner or Registered Keeper, if not the driver. (See overleaf). Failure to do so WILL result in the vehicle and anything contained in the vehicle being disposed of on the fifteenth day after seizure. As a result of the seizure and retention of the vehicle, statutory charges are payable. The release of vehicles seized under Section 165A The Road Traffic Act 1988 are governed by The Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 (Amended 2008). THESE ARE LEGAL REQUIREMENTS AND SATISFYING THEM IN ORDER TO SECURE THE RELEASE OF THE VEHICLE IS THE RESPONSIBILITY OF THE OWNER AND/OR REGISTERED KEEPER AND NOT THE POLICE. Subject to the conditions highlighted below, to reclaim the vehicle the Registered Keeper and/or owner MUST attend ----police station---- WHICH IS OPEN TO THE PUBLIC, with verifiable photographic identity document (*) Applications will not be accepted other than between 09:00 and 16:00 on weekdays. *Acceptable Photo ID documents are those such as passport, driving licence, EU national identity card, immigration card or Freedom Pass. Non-verifiable items such as student or employer's IDs will not be accepted. IMPORTANT: If the claimant is not the Registered Keeper of the vehicle or if the claimant wishes to prove insurance cover with an open or 'trade' policy, they must attend either SPECIALIST POLICE STATIONS between 09:00 and 16:00 weekdays. Proof of ownership and Trade policies will not be accepted at any other station. The claimant must be the owner or Registered Keeper and must produce the documents specified below. A valid licence and insurance covering the use of the vehicle must also be produced, in person, covering the person who is to drive the vehicle from the pound. Appendix 1. Registered Keepers The Registered Keeper must produce: a) The V5C Registration Document b). Photographic I.D.* and proof of name and address that matches the V5C. (N.B. If the Registered Keeper cannot produce a full V5C, we require a second document showing proof of name and address that match the details on the DVLA register). 2. Owners who are not the Registered Keepers at DVLA. N.B. You must attend at specialist police stations only Owners must produce: a). Recognisable bill of sale or receipt from a verifiable source, but please note that the vehicle may not be released if there is no verifiable link to the last registered keeper; and b). Correctly completed, unaltered and current V5C/2 (New Keeper Supplement; and c). Photographic I.D.* and at least two documents showing proof of address that match the address shown on the V5C/2. d) We will require that DVLA be updated with current keeper details and you may be asked to complete a V62 application for a new V5C if you are not the current keeper. 3. A valid driving licence A driving licence providing entitlement to drive that vehicle. If new style licence, the photo card and counterpart must be produced (we do not accept photocopies). If you are a provisional licence holder you must have L plates for the vehicle and be supervised by someone over the age of 21 who has held their full licence for 3 years or more. If recovering a motorcycle as a learner we also need to see your valid CBT certificate. If you have surrendered your licence at the roadside, we will accept the penalty notice together with photo ID* in lieu of a licence. A non UK/EU/EEA driving licence must be produced with a passport and another form of verifiable I.D showing a current address* A valid certificate of insurance A valid certificate of insurance covering the person who is to drive that vehicle. We do not accept photocopies. The policy may be invalid if material information has not been disclosed. If there is any doubt, we may require confirmation from the relevant insurance company or Motor Insurers' Bureau of the validity of the policy. Warning: Before attending you must check with your insurer that they will cover you to reclaim a vehicle that has been seized by a government authority and that you have notified them of any impending prosecution. Collection by a nominated third party The owner or Registered Keeper of the vehicle may nominate a third party to collect it on their behalf, but only after the Registered Keeper or owner has attended the relevant police station and satisfied their legal requirements for proof of ownership or Registered Keeper status. The nominated third party will also have to attend the police station and, if attending separately, will need to bring a letter of authority and proof of signature (e.g. a passport or driving licence) from the owner or registered keeper who previously attended. Warning: Prior to attending, the third party should check that any insurance is valid to drive the seized vehicle, given that may not own it or have an insurable interest in it. Further details of how to reclaim a vehicle can be found on the Constabulary website at: Scan the QR Code here for further details. QR CODE Fees When this form has been completed at the station, the person who is to drive the vehicle must take the form, together with photographic ID*, and the prescribed charge to the pound named overleaf. The charges are prescribed by law and include a daily storage charge, which commences at noon on the day following the day of seizure. Drivers Copy: White

51 2014 Hampshire Constabulary. PNLD is thanked for allowing the use of their legal opinion as to what might constitute a reasonable belief, reproduced with their permission.

52 A TOTAL POLICIN G No Insurance Traffic Offence Reports with Disposal Breakdown , 2014, 2015 and Prote ctive Marking Not Protectively Marke d Suitable for Publication Scheme Ad-Hoc Reference Numbe r Yes FOIA/MOPAC Ref Number Summa ry No In s urance Traffi c Offence Reports wi th Di s posal Breakdown , , 2015 and Creating Bran c h / Directorate MetHQ - Performance & Assuran ce Da t e Created 05/01/201 7 Review Date 05/01/201 7 This report uses LIVE DATA extracted from : Penti p Date Live data was extracted : 05/01 /201 7 The data in this report reflects live data which may be subject to small changes over tim e Need to request some more data? Submit a new FOI request here if you are external to the MPS Submit a new FOI request here if you are internal to the MP S Police forces in the United Kingdom are routinely required to provide crime statistics to government bodies and the recording criteria is set nationally. However, the systems used for recording these figures are not generic, nor are the procedures used locally in capturing the crime data. It should be noted that for these reasons this force's response to your questions should not be used for compa rison purposes with any other response you may receive. Last Refresh Date : MetHQ Performance and Assurance Data is subject to daily change Ad-Hoc Req : If you have any queries with this report, please contact the Helpdesk O MOPAC 2014

53 ~~ POLICE MET HQ: PE R FO R MA N CE & ASSURANCE 0 0 R t - am?3 E a E E 2013 Dispposal c a R a ~ v > v LL z a U) 0 o c7 No insurance Fine Registered No Fu rther Action Paid Confirmed Potential Prosecution Grand Total I L_ D ispposal C 0 am?. E a E E ~ a R a 3 v > v 'i U) z o c7 No insurance F i ne Registered No Fu rther Act ion Paid Confi rmed Potenti al Prosecut i on Grand Total am? D ispposal c a R a E a E E 'i U) z o t7 No insurance F i ne Registered No Fu rther Act i on Paid Confi rmed Potenti al Prosecut i on Grand Total Last Refresh D ate : M ethq P erform ance an d Ass u rance D ata is s ubject to d aily change Ad -H o c Re q: I f you have any queries with this repo rt, please c o ntact the Hel pd es MOPAC