Section 165A

Section 165A of the Road Traffic Act 1988 gives the police a specific power to seize immediately vehicles which are detected as being driven by uninsured drivers or drivers who do not have a valid licence, and for the vehicle to be removed, released, or disposed of in accordance with regulations made by the Secretary of State

165A(1) Application of Subsection (5)

Subsection (5) applies if any of the following conditions is satisfied:

165A(2) First Condition

(a) A constable in uniform requires, under section 164, a person to produce their licence for examination.

(b) The person fails to produce their licence.

(c) The constable has reasonable grounds for believing that a motor vehicle is or was being driven in contravention of section 87(1).

165A(3) Second Condition

(a) A constable in uniform requires, under section 165, a person to produce evidence that a motor vehicle is insured in compliance with section 143.

(b) The person fails to produce such evidence.

(c) The constable has reasonable grounds for believing that the vehicle is or was being driven uninsured.

165A(4) Third Condition

(a) A constable in uniform requires, under section 163, a person driving a motor vehicle to stop the vehicle.

(b) The person fails to stop the vehicle, or does not stop for long enough for the constable to make lawful enquiries.

(c) The constable has reasonable grounds for believing that the vehicle is or was being driven in contravention of section 87(1) (no valid licence) or section 143 (no insurance).

165A(5) Powers to Seize Vehicles

Where subsection (5) applies, a constable may:

(a) Seize the vehicle in accordance with subsections (6) and (7) and remove it.

(b) Enter premises (excluding private dwelling houses) where they have reasonable grounds to believe the vehicle is located.

(c) Use reasonable force, if necessary, in the exercise of powers under (a) or (b).

165A(6) Warning Requirement Before Seizure

Before seizing a motor vehicle, the constable must warn the driver that the vehicle will be seized if they fail to provide the necessary documentation immediately:

(a) In a section 87(1) case (no valid licence), if the person does not produce their licence immediately.

(b) In a section 143 case (no insurance), if the person does not provide immediate evidence of insurance.

However, the constable is not required to give this warning if the circumstances make it impracticable.

165A(7) Seizure of Vehicle After Failure to Stop

If the driver fails to stop or drives off, the constable may seize the vehicle within 24 hours of the time the condition for seizure was first met.

165A(8) Regulations Governing the Use of This Power

The powers conferred by this section are only exercisable when regulations under section 165B are in force.

165A(9) Interpretation

(a) A reference to a motor vehicle does not include an invalid carriage.

(b) A reference to evidence of insurance means a document or other evidence under section 165(2)(a).

(c) The term licence has the same meaning as in section 164.

(d) A private dwelling house does not include any garage, structure, or land associated with the dwelling.