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Regulation 5 Power to immobilise vehicles

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This regulation applies where a vehicle has been detained in accordance with regulation 3.

(2)

Where this regulation applies, without prejudice to the institution of proceedings for any offence under the 1995 Act, the authorised person may—

(a)

fix an immobilisation device to the vehicle in the place where it has been detained; or

(b)

move the vehicle, or require it to be moved, to a more convenient place and fix an immobilisation device to the vehicle in that other place.

(3)

Where an immobilisation device is fixed to a vehicle in accordance with this regulation, the person fixing the device shall also fix to the vehicle a notice (an “immobilisation notice”) which indicates that—

(a)

the device has been fixed to the vehicle;

(b)

the vehicle may only be released from the device by or under the direction of an authorised person;

(c)

the notice shall not be removed or interfered with except by or on the authority of an authorised person; and

(d)

no attempt should be made to drive the vehicle or otherwise put it in motion.