Prospective
F1Sch. 2A inserted (prosp.) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 25(3), Sch. 3
3.—(1) The regulations may make provision with respect to any case where–N.I.
(a)an authorised person has reason to believe that an offence under Article 91A is being committed as regards a vehicle which is stationary on a road or other public place, and such conditions as may be prescribed are fulfilled, or
(b)an authorised person has reason to believe that such an offence was being committed as regards a vehicle at a time when an immobilisation device which is fixed to the vehicle was fixed to it in accordance with the regulations,and such conditions as may be prescribed are fulfilled.
(2) The regulations may provide that the authorised person, or a person acting under his direction, may remove the vehicle and deliver it into the custody of a person–
(a)who is identified in accordance with prescribed rules, and
(b)who agrees to accept delivery in accordance with arrangements agreed between that person and the Department,
and the arrangements may include provision as to the payment of a sum to the person into whose custody the vehicle is delivered.
(3) The regulations may provide that the person into whose custody the vehicle is delivered may dispose of it, and may in particular make provision as to–
(a)the time at which the vehicle may be disposed of, and
(b)the manner in which it may be disposed of.
(4) The regulations may make provision allowing a person to take possession of the vehicle if–
(a)he claims it before it is disposed of, and
(b)any prescribed conditions are fulfilled.
(5) The regulations may provide for a sum of an amount arrived at under prescribed rules to be paid to a person if–
(a)he claims after the vehicle's disposal to be or to have been its owner,
(b)the claim is made within a prescribed time of the disposal, and
(c)any other prescribed conditions are fulfilled.
(6) The regulations may provide that–
(a)the Department, or
(b)a person into whose custody the vehicle is delivered under the regulations,
may recover from the vehicle's owner (whether or not a claim is made under provision made under sub-paragraph (4) or (5)) such charges as may be prescribed in respect of all or any of the following, namely its release, removal, custody and disposal; and “owner” means the person who was the owner when the vehicle was removed.
(7) The conditions prescribed under sub-paragraph (4) may include conditions as to–
(a)satisfying the person with custody that the claimant is the vehicle's owner,
(b)the payment of prescribed charges in respect of the vehicle's release, removal and custody,
(c)the production of such evidence as may be prescribed establishing that in driving the vehicle away the claimant will not be guilty of an offence under Article 90, and
(d)the production of such evidence as may be prescribed establishing that the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 is not guilty of an offence under Article 91A as regards the vehicle.
(8) The regulations may in particular include provision for purposes corresponding to those of Articles 51 to 54 of the Road Traffic Regulation (Northern Ireland) Order 1997 (disposal and charges) subject to such additions, omissions or other modifications as the Department thinks fit.]