Regulation 9 Notification of detention of a vehicle and its contents

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

reg. 9(1)(a)(iia) words substituted by Local Transport Act 2008 (Traffic Commissioners) 2013 Sch. 2
reg. 9(1)(b)(ii) words substituted by Local Transport Act 2008 (Traffic Commissioners) 2013 Sch. 2
regs 9, 10 rev in pt by Goods Vehicles (Enforcement Powers) 2009 regs 7, 8
regs 9 - 12 am by Goods Vehicles (Enforcement Powers) 2009 regs 7 - 10

(1)

Where a vehicle has been detained in accordance with regulation 3, an authorised person shall—

(a)

publish a notice in the London Gazette if the vehicle was detained in England or Wales or in the Edinburgh Gazette if the vehicle was detained in Scotland—

(i)

giving a brief description of the property detained and the vehicle’s registration mark (if any);

(ii)

indicating the time and place at which, and the powers under which, it was detained by the authorised person;

(iii)

stating that it may be claimed at the place and at the times specified in the notice and that, if no-one establishes within the period specified in the notice that he is entitled to the return of the vehicle, the authorised person intends to dispose of it after the expiry of that period in accordance with regulation 15;

(iv)

stating that any contents which are not disposed of in accordance with regulation 17(1) may be claimed at the place and at the times specified in the notice and that, if no-one establishes within the period specified in the notice that he is entitled to the return of the contents, the authorised person intends to dispose of them after the expiry of that period in accordance with regulation 17(2); and

(b)

not less than 21 days before the expiry of the period given in the notice serve a copy of the notice on—

(i)

the owner of the vehicle;

(ii)

the traffic commissioner in whose area the vehicle was detained;

(iii)

the chief officer of the police force in whose area the property was detained;

(iv)

the Association of British Insurers; and

(v)

the British Vehicle Rental and Leasing Association.

(2)

The period specified in a notice under paragraph (1)(a)(iii) and (iv) shall be 21 days, beginning with the date on which the notice is published under regulation 9(1)(a) or, if later, a copy of the notice is served under regulation 9(1)(b).