The Public Service Vehicles (Enforcement Powers) Regulations 2009

Removal and delivery of property into custody of nominated custodian

8.—(1) An authorised person may direct that—

(a) a vehicle detained by virtue of regulation 3, or

(b) any contents so detained, or any personal effects remaining on a vehicle so detained, which it has not been possible to return to the person entitled to their return,

be removed and delivered into the custody of a person specified in the direction (“the nominated custodian”)(1).

(2) A direction under paragraph (1) must be given in writing.

(3) An authorised person may, in giving a direction under paragraph (1) in relation to a vehicle—

(a) allow the vehicle to be driven, towed or removed by such means as the authorised person considers reasonable in the circumstances; and

(b) provide for any other necessary steps to be taken in relation to the vehicle in order to facilitate its removal.

(4) An authorised person may, in giving a direction under paragraph (1), provide for any contents or personal effects to be removed separately from the vehicle if the authorised person considers that—

(a) it is reasonable to do so to facilitate removal of the vehicle;

(b) there is good reason for storing the contents or personal effects at a different place from the vehicle; or

(c) the condition of the contents or personal effects requires them to be disposed of without delay.

(5) The authorised person may also, in giving a direction under paragraph (1), allow the driver of the vehicle to—

(a) transport any passengers travelling on the vehicle at the time that it was detained,

(b) deliver any contents of the vehicle, or

(c) deliver any personal effects remaining on the vehicle,

to their destination, or to some other suitable place, before delivering the vehicle into the custody of the nominated custodian, provided the authorised person is satisfied that the passengers, contents or personal effects can be transported on the vehicle in safety.

(6) The nominated custodian must be a person who has agreed with the Secretary of State to accept delivery of any vehicle, contents and personal effects.

(7) The agreement made under paragraph (6) may include provision for the payment of a sum of money to the nominated custodian by the authorised person.

(1)

The term “nominated custodian” is defined in paragraphs 1(1) and 6(1) of Schedule 2A to the Public Passenger Vehicles Act 1981.