Road Traffic Act 1988, section 165A

Power to seize vehicles driven without licence or insurance

Part VII Miscellaneous and General

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

(2)The first condition is that—

(a)a constable in uniform requires, under section 164, a person to produce his licence F1173... for examination,

(b)the person fails to produce them, and

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

(3)The second condition is that—

(a)a constable in uniform requires, under section 165, a person to produce evidence that a motor vehicle is not or was not being driven in contravention of section 143,

(b)the person fails to produce such evidence, and

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

(4)The third condition is that—

(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 to stop the vehicle long enough, for the constable to make such lawful enquiries as he considers appropriate, and

(c)the constable has reasonable grounds for believing that the vehicle is or was being driven in contravention of section 87(1) or 143.

(5)Where this subsection applies, the constable may—

(a)seize the vehicle in accordance with subsections (6) and (7) and remove it;

(b)enter, for the purpose of exercising a power falling within paragraph (a), any premises (other than a private dwelling house) on which he has reasonable grounds for believing the vehicle to be;

(c)use reasonable force, if necessary, in the exercise of any power conferred by paragraph (a) or (b).

(6)Before seizing the motor vehicle, the constable must warn the person by whom it appears that the vehicle is or was being driven in contravention of section 87(1) or 143 that he will seize it—

(a)in a section 87(1) case, if the person does not produce his licence F1174... immediately;

(b)in a section 143 case, if the person does not provide him immediately with evidence that the vehicle is not or was not being driven in contravention of that section.

But the constable is not required to give such a warning if the circumstances make it impracticable for him to do so.

(7)If the constable is unable to seize the vehicle immediately because the person driving the vehicle has failed to stop as requested or has driven off, he may seize it at any time within the period of 24 hours beginning with the time at which the condition in question is first satisfied.

(8)The powers conferred on a constable by this section are exercisable only at a time when regulations under section 165B are in force.

(9)In this section—

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

(b)a reference to evidence that a motor vehicle is not or was not being driven in contravention of section 143 is a reference to a document or other evidence within section 165(2)(a);

(c) [F1175 “licence” has the same meaning F1175] as in section 164;

(d) “private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.

Definitions used in section 165A 3

motor vehicle

“motor vehicle” means, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision about invalid carriages, within the meaning of that Act), a mechanically propelled vehicle intended or adapted for use on roads, and

Defined in s.185(1) · see it in the full Act
drive

“driver”, where a separate person acts as a steersman of a motor vehicle, includes (except for the purposes of section 1 of this Act ) that person as well as any other person engaged in the driving of the vehicle, and “drive” is to be interpreted accordingly,

Defined in s.192(1) · see it in the full Act
invalid carriage

“invalid carriage” means a mechanically propelled vehicle the weight of which unladen does not exceed 254 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability and is used solely by such a person,

Defined in s.185(1) · see it in the full Act

Cases considering section 165A 6

Gray v The Commissioner of Police of the Metropolis

[2016] EWCA Civ 1360 · 1 December 2016Interprets

Section 165A conferred the power to seize a vehicle driven without the required licence or insurance, subject to the statutory conditions. (see paras [1], [18], [22]) The court held that the three conditions in section 165A(3) were cumulative and all had to be satisfied for seizure to be lawful. (see paras [21]-[22]) The first condition required a uniformed constable to require production under section 165. That requirement was found to have been made. (see para [22]) The second condition was satisfied because the appellant produced neither the relevant certificate nor electronic access to a copy. Information from which the police might have investigated the insurance was insufficient. (see paras [22], [24]-[28]) The third condition was satisfied because the constable had reasonable grounds for believing that the vehicle was being driven without insurance, based on the information available at the time. (see paras [9], [12], [22]) The court applied section 165A(5) as the operative seizure power once the conditions in section 165A(3) were satisfied. (see paras [18], [22]) The provision authorised seizure and removal of the vehicle after the statutory conditions were met. The court concluded that those conditions were satisfied on the facts. (see paras [18], [22], [32]) The provision confined the relevant evidence to a document or other evidence within section 165(2)(a). The court rejected any lesser substitute, such as an explanation or information about the insurance. (see para [27])

Pryor v Greater Manchester Police

[2011] EWCA Civ 749 · 30 June 2011Limits

The court applies the seizure power as directed at removing vehicles from the road where third-party insurance is not in place for the relevant use. The power did not authorise seizure where cover existed. (see paras [16]-[18], [26]) The court interprets subsection (3) as imposing three cumulative conditions for seizure: a production requirement, failure to produce the relevant certificate, and reasonable grounds for belief in uninsured driving. (see paras [12], [17]) The court finds the first seizure condition satisfied because a police officer required production of the certificate of insurance. (see paras [12]-[13]) The court finds condition (b) unsatisfied because Burton did not fail to produce the relevant certificate. The certificate and consent letter showed that his use was insured. (see paras [16]-[17]) The court limits the operation of condition (c) by holding that it arises only after failure to produce the relevant certificate. Since condition (b) was absent, the court did not reach condition (c). (see paras [12], [17]) The court applies the subsection’s cross-reference in construing the evidence required before seizure. (see paras [12], [16]) The court interprets evidence of compliance with section 143 as the document or other evidence within section 165(2)(a), namely the relevant certificate of insurance. (see para [16])

Santander Consumer (UK) PLC v Meher-Un-Nisa Chaudhry

[2024] EWHC 170 (KB) · 31 January 2024

Applies section 165A as the statutory power permitting seizure of a vehicle used uninsured or without a valid licence. The seizure was lawful and suspended the debtor’s right to possession while the power was exercised. (see paras [37]-[40])

What each judgment says about section 165A is in the case-law panel in the full Act.

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F1172Ss. 165A, 165B inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 152, 178; S.I. 2005/1521, art 3(1) (subject to art. 3(4)(5))
  2. F1173Words in s. 165A(2)(a) omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 2(e)(i)
  3. F1174Words in s. 165A(6)(a) omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 2(e)(ii)
  4. F1175Words in s. 165A(9)(c) substituted (8.6.2015) by The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 2(e)(iii)