Article 42 Power of seizure

(1)

Paragraph (2) applies if—

(a)

an authorised officer or constable in uniform—

(i)

exercises a power under Article 41(1); or

(ii)

attempts to exercise a power under Article 41(1) and the vehicle does not stop or does not stop long enough for the authorised officer or constable to make such lawful enquiries as he considers appropriate; and

(b)

the authorised officer or constable has reasonable grounds for believing that the vehicle is or was being used in contravention of Article 14.

(2)

Where this paragraph applies, the authorised officer or constable may—

(a)

subject to paragraph (3), seize and remove the vehicle (together with any equipment or other items found in it);

(b)

enter, for the purpose of exercising a power falling within sub-paragraph (a), any premises (other than premises occupied as a private dwelling) on which he has reasonable grounds for believing the vehicle to be;

(c)

use reasonable force, if necessary, in the exercise of any power conferred by sub-paragraph (a) or (b).

(3)

If the authorised officer or constable is unable to seize the vehicle immediately because it has not stopped or has been driven off, he may seize it at any time within the period of 24 hours beginning with the time at which paragraph (1) is first satisfied.

(4)

The powers conferred on an authorised officer or a constable by this Article are exercisable only at a time when regulations under Article 43 are in operation.

(5)

In this Article—

(a)

a reference to a vehicle does not include an invalid carriage;

(b)

“equipment or other items found in a vehicle” means equipment or other items which the authorised officer or constable has reasonable grounds to believe may be required as evidence for the purpose of proceedings in respect of an offence under Article 14;

(c)

“private dwelling” does not include any garage or other structure occupied with the dwelling, or any land appurtenant to the dwelling house.