OpenLegislation

Regulation 6 Release of immobilised vehiclesI1

England, Wales and Scotland

(1)

A vehicle to which an immobilisation device has been fixed in accordance with regulation 5—

(a)

may only be released by, or under the direction of, an authorised person; and

(b)

subject to sub-paragraph (a), is to be released—

(i)

where an authorised person is satisfied that the vehicle was immobilised in any of the circumstances specified in regulation 4(2); or

(ii)

if the first and second requirements specified in paragraphs (2) and (3) are met.

(2)

The first requirement is that the prescribed charge for the release of the vehicle from the immobilisation device is paid in any manner specified in the immobilisation notice.

(3)

The second requirement is that, in accordance with any instructions specified in the immobilisation notice, prescribed evidence is produced which establishes that—

(a)

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

(b)

the registered keeper is not, at the point of release, guilty of an offence under section 144A of that Act as regards the vehicle.

Annotations

Commencement

I1

Reg. 6 in force at 16.5.2011, see reg. 1