Section 165 at the same Act provides that a person driving a vehicle on the road must produce a certificate of insurance when required to do so by a police constable. Mrs Linse quickly started judicial review proceedings to challenge this and she won. There are many documented instances where drivers have been left at the roadside because of S165A. It is Regulation 5 which applies in the circumstances faced by Mrs Linse. Additionally, police can also seize uninsured vehicles which can then be crushed. If for example a driver takes out a policy and doesn’t declare something like a previous conviction, the policy is voidable by the insurer if on learning the true facts it decides to withdraw from it. Article 6, which is now part of our law as a result of the Human Rights Act, guarantees the right to a fair trial. Speedkermit would like to know if the Police Reform Act has the potential to breach your right to a fair trial. There is, however, the additional requirement that the police officer/CSO believe that this behaviour has caused, or is likely to cause, alarm, distress or annoyance to others. She had to produce a valid certificate of insurance and driving licence at a nominated police station and to attend the recovery firm and pay all the costs of removal and storage. These powers are clearly aimed at joyriders and people using trail bikes and 4x4s off-road. The European court of human rights in Strasbourg decided in one of its earliest cases (Engel v the Netherlands) that the protection offered by article 6 risked being considerably reduced if it allowed national government to say what was a criminal charge and what wasn't; governments could get round the protection by calling something that clearly was a criminal provision something else. Her vehicle had been dismantled. It had been seen by police officers who followed it because they had been told it was uninsured. No comments so far - why not be the first? If it calls it a criminal matter then Strasbourg will view it that way too. Police Reform Act 2002 powers to search for and seize alcohol and tobacco. She wanted her motorhome back, but whilst the court decided she was entitled to it, North Wales Police decided the vehicle should nonetheless be disposed of, and they sold it at auction. West Midlands Police and Crime Commissioner David Jamieson added: “I introduced police powers to seize and destroy uninsured vehicles as a road safety minister back in 2004. Measures that interfere with a person's possessions, such as seizing them and then charging to give them back, have to have a legitimate purpose, be surrounded by sufficient safeguards and be proportionate. It is a constant source of difficulty for many drivers. The word “invalid” as used by the officer had no application. But this interpretation is perhaps undermined by the very similar provisions under section 165A of the Road Traffic Act. Find out more about Police powers and PCSO powers on this page. The case focussed on the meaning of certain parts of the Road Traffic 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005. Driving Whilst Unfit through Drink or Drugs, Causing Death by Careless or Inconsiderate Driving, Failing to stop and report after an accident. Seizing vehicles is covered by Section 59 of the road traffic act. UK police have the powers to seize vehicles if they believe they are being used to cause alarm, distress or annoyance. UK police have the powers to seize vehicles if they believe they are being used to cause alarm, distress or annoyance. It could not be produced at the time and so police seized it. Provided that he/she is in uniform a police officer has the right to seize a motor vehicle if he/she has reasonable grounds to believe that the vehicle is being (or has been) driven carelessly or illegally off-road and that this is causing, or is likely to cause, alarm, distress or annoyance to members of the public. Under section 38 of the Police Reform Act 2002 (PRA), police community support officers (PCSOs) may be designated with the search powers set out in schedule 4 of the Act. speedkermit, Speedkermit is right about these powers. Article 1 of the first protocol to the European convention guarantees the peaceful enjoyment of a person's property. Community support officers (CSOs) also have this power although unlike police officers they can't enter private premises to seize the vehicle (unless accompanying a police officer.). New Breath Test Devices Will Likely Convict More Motorists, Speed limits could rise to 60mph when less activity is taking place on motorway roadworks, Keep the right side of the law when driving in the snow, Police Powers of Vehicle Seizure and Disposal. If the vehicle isn't claimed the police can dispose of it. Section 143 of the Road Traffic Act 1988 provides that a person commits an offence if they drive a motor vehicle on a road or other public place without insurance. She went back to the police station with the documents which again the officer decided were not valid. The proper analysis is that insurance law draws a distinction between policies which are “void” or “voidable”. I am not aware of any cases so my brief analysis of whether it breaches Article 6 follows. There is no charge if the owner didn't permit and couldn't have prevented the use of the vehicle.
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