Power To Seize Vehicles Flashcards
What are the two conditions which if either are met you can seize for no insurance?
1)
a) constable in uniform asks person to produce insurance
b) person fails to produce it
c) constable has reasonable grounds for believing it’s not insured
2)
a) a constable in uniform requires person to stop MV
b) person fails to stop or stop for long enough to ascertain if insured
c) constable reasonable grounds to suspect not insured
What is legislation to seize uninsured vehicle?
Article 180 B RTO
What must a constable do before seizing vehicle for no insurance?
Warn person that it appears to them that vehicle is not insured and they intend to seize it if evidence is not produced immediately to say it is insured.
If circumstances make it impractical to do so then warning doesn’t have to be given
Does 180 B RTO give power to enter to demand production of insurance?
Yes! But NOT PRIVATE DWELLING HOUSE. Can enter land, garage, car port, driveway
If person doesn’t stop how long do you have to get vehicle seized for no insurance?
24hours
Can you use reasonable force to exercise powers under 180B RTO?
Yes. If necessary in the exercise of any power conferred under it
What legislation gives power to seize for vehicles causing alarm, distress or annoyance?
Criminal justice NI Order 2008. Article 65
What are grounds for seizing under article 65 Criminal Justice act?
Where a constable IN UNIFORM has reasonable grounds for believing that a MV is being driven on any occasion in a manner which
A) contravenes article 12 RTO Careless and inconsiderate or article 48 RTO off road driving AND
B) is causing or likely to cause alarm distress or annoyance to any members of the public
Can a vehicle be seized under article 65 criminal justice act at a time after behaviour
Yes (2) States “a constable in uniform can also have powers conferred by (3) if reasonable grounds for suspecting a MV has been used on any occasion in a manner set out in (1)
What are powers as (3) in article 65 criminal justice act?
A) to stop any moving vehicle
B) to seize and remove vehicle
C) power to enter any premises (except private dwelling house) to exercise a and b.
D) power to use reasonable force to do above
What must you prove before seizing?
That a warning had been given and that person had continued behaviour
When do you not have to give a warning under article 65 criminal justice act?
A) when impracticable to do so
B) they have already given them a warning
C) they have reasonable grounds for believing another coast has given a warning
D) the counts believes the person has been given a similar warning in last 12 mths
