Law Enforcement
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Graduated Fixed Penalty - Vehicle Immobilisation
(Removal and Disposal)

Introduction
Immobilisation, Removal and Disposal of Prohibited Vehicles comes under Schedule 4 Road Safety Act 2006 and Road Safety (Immobilisation, Removal and Disposal of Vehicles) Regulations 2009.

Where the driving of a vehicle has been prohibited under :-

an authorised person, or a person acting under the direction of an authorised person may immobilise, remove and subsequently dispose of the vehicle in accordance with the regulations.

What follows is an outline of points 1 - 4 (above). Under each heading we have reproduced a précis of the section of the Act in question as well as including references to other sections of the Act relating to the same.

Drivers' hours, records/recording equipment

'section 99A(1) of the Transport Act 1968 (drivers' hours)'

1. Power to prohibit driving of vehicle

If:-

or that there will be such a contravention if the vehicle is driven on a road, or

the authorised person may prohibit the driving of the vehicle on a road either for a specified period or without limitation of time.

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Foreign goods and public service vehicles

'section 1 of the Road Traffic (Foreign Vehicles) Act 1972 (foreign goods and public service vehicles)'

1. Power in certain cases to prohibit driving of foreign vehicle

(1) The provisions of this section shall have effect with respect to any foreign goods vehicle or foreign public service vehicle where:-

(2) If in any such a case as is mentioned in subsection (1)(a) of this section:-

the examiner may prohibit the driving of the vehicle on a road, either absolutely or for a specified purpose, and either for a specified period or without any limitation of time.

(3) If in any such case as is mentioned in subsection (1) (b) of this section:-

the authorised person may prohibit the driving of the vehicle on a road, either absolutely or for a specified purpose.

(4) Where an examiner or an authorised person prohibits the driving of a vehicle under this section, he may also direct the driver to remove the vehicle (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition shall not apply to the removal of the vehicle in accordance with that direction.

(5) Where a prohibition is imposed under subsection (2) or subsection (3) of this section, the examiner or authorised person shall forthwith give notice in writing of the prohibition to the driver of the vehicle, specifying the circumstances (as mentioned in paragraph (a) or paragraph (b) or either of those subsections) in consequence of which the prohibition is imposed, and:-

and any direction under subsection (4) of this section may be given either in that notice or in a separate notice in writing given to the driver of the vehicle.

(6) In the case of a goods vehicle:-

(7) Official notification for the purposes of subsection (6) (b) above must be in writing and be given by an authorised person and may be withheld until the vehicle has been weighed or re-weighed in order to satisfy the person giving the notification that the weight has been sufficiently reduced.

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Unfit or Overloaded vehicles

'section 69 or 70 of the Road Traffic Act 1988 (unfit or overloaded vehicles)'

69. Power to prohibit driving of unfit vehicles

(1) If on any inspection of a vehicle under section 41, 45, 49, 61, 67, 68 or 77 of this Act it appears to a vehicle examiner that owing to any defects in the vehicle it is, or is likely to become, unfit for service, he may prohibit the driving of the vehicle on a road:-

(2) If on any inspection of a vehicle under any of the enactments mentioned in subsection (1) above it appears to an authorised constable that owing to any defects in the vehicle driving it (or driving it for any particular purpose or purposes or for any except one or more particular purposes) would involve a danger of injury to any person, he may prohibit the driving of the vehicle on a road:-

(3) A prohibition under this section shall come into force as soon as the notice under subsection (6) below has been given if:-

(4) Except where subsection (3) applies, a prohibition under this section shall (unless previously removed under section 72 of this Act) come into force at such time not later than ten days from the date of the inspection as seems appropriate to the vehicle examiner imposing the prohibition, having regard to all the circumstances.

(5) A prohibition under this section shall continue in force until it is removed under section 72 of this Act.

(6) A person imposing a prohibition under this section shall forthwith give notice in writing of the prohibition to the person in charge of the vehicle at the time of the inspection:-

(7) Where a notice has been given under subsection (6) above, any vehicle examiner or authorised constable may grant an exemption in writing for the use of the vehicle in such manner, subject to such conditions and for such purpose as may be specified in the exemption.

(8) Where such a notice has been given, any vehicle examiner or authorised constable may by endorsement on the notice vary its terms and, in particular, alter the time at which the prohibition is to come into force or suspend it if it has come into force.

(9) In this section 'authorised constable' means a constable authorised to act for the purposes of this section by or on behalf of a chief officer of police.

70. Power to prohibit driving of overloaded goods vehicles

(1) Subsections (2) and (3) below apply where a goods vehicle, or a motor vehicle adapted to carry more than eight passengers, has been weighed in pursuance of a requirement imposed under section 78 of this Act and it appears to:-

that the limit imposed by construction and use requirements with respect to any description of weight which is applicable to that vehicle has been exceeded or would be exceeded if it were used on a road or that by reason of excessive overall weight or excessive axle weight on any axle driving the vehicle would involve a danger of injury to any person.

(2) The person to whom it so appears may, whether or not a notice is given under section 69(6) of this Act, give notice in writing to the person in charge of the vehicle prohibiting the driving of the vehicle on a road until:-

(3) The person to whom it so appears may also by direction in writing require the person in charge of the vehicle to remove it (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition shall not apply to the removal of the vehicle or trailer in accordance with that direction.

(4) Official notification for the purposes of subsection (2) above:-

(5) Nothing in this section shall be construed as limiting the power of the Secretary of State to make regulations under section 71(2) of this Act.

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Failure to make financial penalty deposit payment

'section 90D of the Road Traffic Offenders Act 1988 (failure to make financial penalty deposit payment)'

Where a person on whom a financial penalty deposit requirement is imposed does not make an immediate payment of the appropriate amount the constable or vehicle examiner may prohibit the driving on a road of any vehicle of which the person was in charge at the time of the offence by giving to the person notice in writing of the prohibition - a direction may be given to move the vehicle to a specified place and subject to conditions.

It is an offence for a person to:-

The prohibition shall come into force as soon as the notice is given, and continue in force until:-

Authorised Person
An authorised person is one who was authorised to prohibit the vehicle under the original enactment. Usually this includes constables, or constables authorised to exercise their powers under the enactment and vehicle examiners appointed under section 66A of the Road Traffic Act 1988.

Further Reading
To further endorse the information above and to find out more, please visit the links below.

Guide to Graduated Fixed Penalties - Vosa PDF logo
Enforcement Policy - Vosa PDF logo

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