Regulation 3 Release of detained vehicles

For regulation 4 (release of detained vehicles) substitute—

“4.

(1)

In the circumstances described in paragraph (2), a vehicle detained by virtue of regulation 3 shall be returned to the owner, without the need for an application under regulation 10.

(2)

The circumstances are that the authorised person is satisfied that one or more of the grounds specified in paragraph (3) is or are made out.

(3)

The grounds are—

(a)

that, at the time the vehicle was detained, the person using the vehicle held a valid licence (whether or not authorising the use of the vehicle);

(b)

that, at the time the vehicle was detained, the vehicle was not being, and had not been, used in contravention of section 2 of the 1995 Act;

(c)

that, although at the time the vehicle was detained it was being, or had been, used in contravention of section 2 of the 1995 Act, the owner did not know that it was being, or had been, so used;

(d)

that, although knowing at the time the vehicle was detained that it was being, or had been, used in contravention of section 2 of the 1995 Act, the owner—

(i)

had taken steps with a view to preventing that use; and

(ii)

has taken steps with a view to preventing any further such use.”.