# The Motor Vehicles (Insurance Requirements) (Immobilisation, Removal and Disposal) Regulations 2011, Regulation 12: Taking possession of a vehicle

Extent: E+W+S

(1) A person (“the claimant”) may take possession of a vehicle which has been removed and delivered to a custodian and has not been disposed of under regulation 10, if the conditions specified in paragraph (2) are satisfied.
(2) The conditions are—
(a) the claimant satisfies the custodian that the claimant is the owner of the vehicle, or a person authorised by the owner to take possession of the vehicle;
(b) except where the claimant produces evidence that no offence under section 144A of the 1988 Act was committed or the custodian is satisfied that these Regulations did not apply to the vehicle at the time it was immobilised or removed, the claimant pays to the custodian—
(i) the prescribed charge in respect of the removal of the vehicle; and
(ii) the prescribed charge for the storage of the vehicle during the period it was in the custody of the custodian; and
(c) prescribed evidence is produced which establishes that—
(i) any person who proposes to drive the vehicle away will not in doing so be guilty of an offence under section 143 of the 1988 Act; and
(ii) the registered keeper is not, at the point of release, guilty of an offence under section 144A of that Act as regards the vehicle.
(3) On giving the claimant possession of a vehicle pursuant to this regulation, the custodian must give the claimant a statement of the right of the owner, or person in charge of the vehicle at the time it was immobilised or, where it was not immobilised, it was removed, to appeal pursuant to regulation 14, of the steps to be taken in order to appeal and of the address to which representations to an authorised person made as mentioned in that regulation should be sent.
(4) Where it appears to a custodian of a vehicle that more than one person is the owner, or person authorised by the owner, the custodian must give possession of the vehicle to the first claimant who satisfies the conditions set out in paragraph (2).

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Source: https://www.legislation.gov.uk/uksi/2011/1120/regulation/12 (the official version)
Page: https://openlegislation.uk/motor-vehicles-insurance-requirements-immobilisation-removal-and-disposal-regulations-2011/regulation-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.