Explanatory note

Schedule 1A to the Goods Vehicles (Licensing of Operators) Act 1995 (“the 1995 Act”) (which was inserted by section 262 of the Transport Act 2000) enables regulations to be made permitting an authorised person to detain a heavy goods vehicle (“vehicle”) and its contents in circumstances where the person using the vehicle did not hold an operator’s licence for that or any other vehicle. These Regulations are made pursuant to that Schedule.

Regulation 2 contains definitions.

Regulation 3 empowers an authorised person to detain a vehicle and its contents where he has reason to believe it is being operated without a licence.

Regulation 4 provides for the release of a detained vehicle to an owner in circumstances where at the time the vehicle was detained, the person using the vehicle held an operator’s licence (whether or not authorising the use of the vehicle) or the vehicle was not being, and had not been, used in contravention of section 2 of the 1995 Act.

Regulations 5 to 7 provide for the immobilisation of vehicles, criminal offences arising from the unlawful removal of, or interference with, immobilisation notices or devices, and the release of immobilised vehicles.

Regulations 8 and 9 provide for the removal and delivery of vehicles and contents detained and the giving of notice of detention.

Regulations 10 to 12 provide for the owner of a vehicle to make an application to a traffic commissioner for the return of the vehicle. There is provision for a hearing to be held if a party to an application requests one or the traffic commissioner so decides.

Regulation 13 provides for appeals from a traffic commissioner to the Transport Tribunal (such appeals are governed by procedures under the Transport Tribunal Rules 2000).

Regulation 14 provides for the return of a vehicle detained where the traffic commissioner determines that one or more of the grounds specified in regulation 10(4) is made out.

Regulation 15 empowers authorised persons to sell or destroy vehicles in other cases and requires an authorised person to serve a notice of disposal of a vehicle on specified persons after the vehicle has been disposed of.

Regulations 16 and 17 provide for the return of contents of detained vehicles and the disposal of such contents.

Regulation 18 provides for the application of proceeds of sale of any property sold by an authorised person under regulation 15 or 17.

Regulation 19 concerns disputes about the return or disposal of contents of a vehicle or the application of the proceeds of sale of a vehicle or its contents. Such applications are to be made to the Secretary of State. There is provision for an appeal to be made from the Secretary of State’s determination to a magistrates' court (in England and Wales) or to a sheriff court (in Scotland).

Regulation 20 makes it a criminal offence to obstruct an authorised person in the exercise of his powers under regulation 3 or 8.

Under regulation 21 it is a criminal offence to make a declaration intended to secure the return of property where the declaration is to the person’s knowledge false or in any material respect misleading.

Regulation 22 regulates the service of notices under the Regulations.

A Regulatory Impact Assessment has been prepared and copies can be obtained from the Department for Transport, Local Government and the Regions, Zone 2/23, Great Minster House, 76 Marsham Street, London SW1P 4DR (telephone: 020–7944 2123). Copies are being placed in the Libraries of each House of Parliament.