Police Powers to Remove and Retain Vehicles

Since 1 January 2003 the police have had new powers to seize vehicles in specifically defined circumstances under Sections 59 and 60 of the Police Reform Act 2002.

The seizure power applies where the offender is both:

• breaking the law either by driving on road without due care and attention;  or
• inconsiderately, or driving off-road without lawful authority and in doing so is causing or is likely to cause alarm, distress or annoyance to members of the public.

The powers can be exercised by designated police community support officers (PCSOs). Careless and inconsiderate driving and unauthorised off-road driving are offences under sections 3 and 34 of the Road Traffic Act 1988. The provisions apply to all motor vehicles, motor bikes as well as cars and whether intended for on-or off-road use. The police, and PCSOs supervised by the police, can enter premises other than a private dwelling house to effect a seizure.

Unless a warning has been given previously, the police are required where practical to warn the person before seizing the vehicle, so that its anti-social use can be stopped. Once a vehicle has been stopped the police should serve a notice on the vehicle's owner. This requires the owner to pay a charge for removal and storage if they want the vehicle back.

A person who fails to comply with an order to stop driving in this manner is also guilty of an offence and is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

View regulations covering police powers to remove and retain vehicles.

Vehicles used for fly-tipping

For investigation purposes, local authorities can stop, search and seize vehicles they suspect are being used for fly-tipping. See article Powers authorities can use to detect and investigate fly-tipping for information on how this power can be used.

The Environment Agency has the power to seize and dispose of vehicles used for fly-tipping under section 6 of the Control of Pollution Act 1989.

Vehicles which have been used for fly-tipping can also be forfeited to cover an authority's costs for investigation, enforcement and clean-up. For more information see article Recover costs for investigating, prosecuting and cleaning up after fly-tippers.

Vehicles causing noise nuisance

Local authorities can remove vehicles causing a statutory nuisance by creating excessive noise under sections 80 and 81 of the Environmental Protection Act 1990 as amended. Regulation 97 of the Road Vehicles (Construction and Use) Regulations 1986 provides that no vehicle shall be used on a road in such a manner as to cause any excessive noise which could have been avoided by the exercise of reasonable care by the driver. This can be an effective provision for the police to use to deal with noisy car stereos and noisy car exhausts. When enforcing the offence, a police officer can:

• give an oral warning
• issue a fixed penalty notice; or
• report for prosecution as appropriate.

Further Information

You can obtain further information from the following:

ASB Unit, Blyth Valley Housing, Dinsdale House, 75 Marine Terrace, Blyth NE24 2LN.

Telephone: ASB Unit Hotline 01670 542060

RNID Typetalk service prefix number 18001

EMail: Anti-Social Behaviour Unit