OpenLegislation

Regulation 5 Power to immobilise vehiclesI1

England, Wales and Scotland

(1)

This regulation applies where an authorised person has reason to believe that an offence under section 144A of the 1988 Act is being committed as regards a vehicle which is stationary on a road or other public place.

(2)

Where this regulation applies, without prejudice to the institution of proceedings for any offence under Part 6 of the 1988 Act, the authorised person or a person acting under the direction of the authorised person may—

(a)

fix an immobilisation device to the vehicle while it remains in the place where it is stationary, or

(b)

move it from that place to another place on the same or another road or public place and fix an immobilisation device to it in that other place.

(3)

Where an immobilisation device is fixed to a vehicle in accordance with this regulation, the person fixing the device must also fix to the vehicle an immobilisation notice which—

(a)

indicates that the device has been fixed to the vehicle and warns that no attempt should be made to drive it or otherwise put it in motion until it has been released from the device;

(b)

states the reason why the device has been fixed;

(c)

specifies the steps to be taken to secure its release, including the charges payable under these Regulations and the person to whom and the means by which those charges may be paid; and

(d)

states the right of the owner, or person in charge of the vehicle at the time it was immobilised, to appeal pursuant to regulation 14, and specifies the steps to be taken and the address to which representations to an authorised person made as mentioned in that regulation should be sent.

Annotations

Commencement

I1

Reg. 5 in force at 16.5.2011, see reg. 1