Citation and commencement

1. These Regulations may be cited as the Goods Vehicles (Enforcement Powers) (Amendment) Regulations 2009 and come into force on 1st October 2009.

Amendment of the Goods Vehicles (Enforcement Powers) Regulations 2001

2.The Goods Vehicles (Enforcement Powers) Regulations 2001( 3 ) are amended as follows.

Release of detained vehicles

3. For regulation 4 (release of detained vehicles) substitute—

“ 4. —(1) In the circumstances described in paragraph (2), a vehicle detained by virtue of regulation 3 shall be returned to the owner, without the need for an application under regulation 10.

(2) The circumstances are that the authorised person is satisfied that one or more of the grounds specified in paragraph (3) is or are made out.

(3) The grounds are—

(a) that, at the time the vehicle was detained, the person using the vehicle held a valid licence (whether or not authorising the use of the vehicle);

(b) that, at the time the vehicle was detained, the vehicle was not being, and had not been, used in contravention of section 2 of the 1995 Act ;

(c) that, although at the time the vehicle was detained it was being, or had been, used in contravention of section 2 of the 1995 Act, the owner did not know that it was being, or had been, so used;

(d) that, although knowing at the time the vehicle was detained that it was being, or had been, used in contravention of section 2 of the 1995 Act, the owner—

(i) had taken steps with a view to preventing that use; and

(ii) has taken steps with a view to preventing any further such use. ” .

Power to immobilise vehicles

4. —(1)Regulation 5 (power to immobilise vehicles) is amended as follows.

(2) In paragraph (3)(b), after the words “by or under the direction of an authorised person” insert “(and provides details as to where an authorised person may be contacted)”.

(3) After paragraph (3)(b) insert—

“ (ba) an application may be made for the release of the vehicle (and provides information about the procedure under which such an application may be made); ” .

Removal of, or interference with, an immobilisation notice or device

5. —(1)Regulation 6 (removal of, or interference with, an immobilisation notice or device) is amended as follows.

(2) After paragraph (1) (immobilisation notice) insert—

“ (1A) A vehicle to which an immobilisation device has been fixed in accordance with regulation 5(2) may be released from the device only by or under the direction of an authorised person. ” .

(3) For paragraph (3) substitute—

“ (3) A person who removes or attempts to remove, otherwise than in accordance with paragraph (1A), an immobilisation device fixed to a vehicle in accordance with regulation 5(2), is guilty of an offence.

(4) A person guilty of an offence under paragraph (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. ” .

Release of immobilised vehicles

6. Omit regulation 7 (release of immobilised vehicles).

Notification of detention of a vehicle and its contents

7. —(1)Regulation 9 (notification of detention of a vehicle and its contents) is amended as follows.

(2) After paragraph (1)(a)(ii) insert—

“ (iia) describing the procedure under which, and the period within which, an application may be made to the traffic commissioner for the return of any property so detained; ” .

(3) In paragraph (1)(a)(iii), omit the words “that it may be claimed at the place and at the times specified in the notice and”.

(4) In paragraph (1)(b)(v), after the words “Rental and Leasing Association” insert “, where the vehicle was hired from a vehicle-hire firm under a hiring agreement”.

(5) in paragraph (2)—

(a) before “(iii)”, insert “(iia), ”; and

(b) before the words “21 days”, insert “a minimum of”.

Applications to a traffic commissioner

8. —(1)Regulation 10 (applications to a traffic commissioner) is amended as follows.

(2) In paragraph (2)(a), for the words “paragraph (4)” substitute “regulation 4(3)”.

(3) Omit paragraph (4).

(4) At the end insert—

“ (5) The period referred to in paragraphs (1) and (3) is subject to regulation 23. ” .

Hearings

9. —(1)Regulation 11 (hearings) is amended as follows.

(2) For paragraph (1)(b) substitute—

“ (b) having received an application under regulation 10(1) the traffic commissioner decides that it would be appropriate to hold a hearing before making a determination on the application, ” .

(3) In paragraph (1), after the words “the traffic commissioner shall hold a hearing”, insert “within 28 days of receipt of the application (subject to the power of the traffic commissioner to extend the period in accordance with regulation 23)”.

(4) In paragraph (6) for the words “Subject to paragraph (7), where” substitute “Where”.

Notification of determinations

10. —(1)Regulation 12 (notification of determinations) is amended as follows.

(2) After the words “determination of an application” insert “as soon as reasonably practicable and, subject to regulation 23”.

(3) In subparagraph (b), for the words “following the hearing” substitute “within 14 days of the conclusion of the hearing”.

Return of a vehicle detained

11. In regulation 14, in the full out words at the end, for “regulation 10(4)” substitute “regulation 4(3)”.

Disposal of vehicles

12. —(1)Regulation 15 (disposal of vehicles) is amended as follows.

(2) In paragraph (1)(b) for “regulation 10(4)” substitute “regulation 4(3)”.

(3) After paragraph (2)(c) insert—

“ (ca) the Driver and Vehicle Licensing Agency; ” .

(4) In paragraph (2)(e), after the words “Rental and Leasing Association”, insert “, where the vehicle was hired from a vehicle-hire firm under a hiring agreement”.

Application of proceeds of sale

13. —(1)Regulation 18 (application of proceeds of sale) is amended as follows.

(2) For paragraphs (1) and (2) substitute—

“ (1) Subject to paragraph (1A), the proceeds of sale of any property sold under regulation 15 or 17 shall—

(a) be applied towards meeting expenses incurred by any authorised person exercising functions by virtue of these Regulations in relation to the property in question; and

(b) in so far as they are not so applied, be applied in meeting any claim to the proceeds of sale which is made and established in accordance with paragraph (2).

(1A) Where the proceeds of sale of any property sold under regulation 15 or 17 exceed the expenses referred to in paragraph (1)(a) and—

(a) no person has established entitlement to the proceeds of sale of the property; or

(b) a person has established entitlement to the proceeds of sale of the property, but excess proceeds remain once the claim has been satisfied,

the excess proceeds may be applied towards meeting expenses incurred by any authorised person exercising functions in relation to any other property detained by virtue of regulation 3.

(2) For the purposes of paragraph (1), a claim to the proceeds of sale of any property is established if—

(a) the claim is made not later than one year after the date on which the property was sold; and

(b) the authorised person is satisfied that—

(i) if the property consists of a vehicle, the person making the claim was the owner of the vehicle immediately before it was sold by virtue of regulation 15; or

(ii) if the property consists of contents, the person making the claim would, had the person made an appropriate application at the prescribed time, have been entitled to the return of the property by virtue of regulation 16. ” .

(3) In paragraph (3), for the words “paragraph (4)” substitute “paragraph (2)”.

(4) Omit paragraph (4).

Extension of time

14. After regulation 22 (giving of notice) insert—

“ Extension of time

23. —(1) Where a traffic commissioner considers it to be necessary in order for a particular case to be dealt with fairly and justly, the traffic commissioner may extend any of the periods described in paragraph (3).

(2) A period described in paragraph (3) may only be extended for such period as the traffic commissioner considers appropriate in the circumstances of the case.

(3) The periods are those referred to in—

(a) regulation 10;

(b) regulation 11(1); and

(c) regulation 12. ” .