The Goods Vehicles (Enforcement Powers) Regulations (Northern Ireland) 2012

Northern Ireland Statutory Rule 2012 No. 258 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 28 June 2012
In force from: 1 July 2012
Extent: Not stated
Subject: Road traffic and vehicles
Made under: Schedule 2 to the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

Section 44 of and Schedule 2 to the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (“the 2010 Act”) enable Regulations to be made permitting an authorised person to detain a goods vehicle to which the 2010 Act applies and its contents in circumstances where the person using the vehicle did not hold an operator’s licence for that or any other vehicle. These Regulations are made pursuant to Schedule 2. Regulation 3 empowers an authorised person to detain a vehicle and its contents where the authorised person has reason to believe it is being operated without a licence. Regulation 4 provides for the release of a detained vehicle to an owner (without the need for an application under regulation 9) in circumstances where at the time the vehicle was detained, the person using the vehicle held an operator’s licence (whether or not authorising the use of the vehicle) or the vehicle was not being, and had not been, used in contravention of section 1 of the 2010 Act. Regulations 5 and 6 provide for the immobilisation of vehicles, the details to be included in the immobilisation notice, criminal offences arising from the unlawful removal of, or interference with, immobilisation devices, and the release of immobilised vehicles. Regulations 7 and 8 provide for the removal and delivery of vehicles and contents detained and the giving of notice of detention. Regulations 9 to 11 provide for the owner of a vehicle to make an application to the Department of the Environment (“the Department”) for the return of the vehicle. There is provision for a hearing to be held if a party to an application requests one or the Department so decides. Regulation 12 provides for appeals from a determination of the Department to the Upper Tribunal (such appeals are governed by procedures under the Tribunal Procedure (Upper Tribunal) Rules 2008). Regulation 13 provides for the return of a vehicle detained where the Department determines that one or more of the grounds specified in regulation 9(4) is made out. Regulation 14 empowers authorised persons to sell or destroy vehicles in other cases and requires an authorised person to serve a notice of disposal of a vehicle on specified persons after the vehicle has been disposed of. Regulation 15 and 16 provide for the return of contents of detained vehicles and the disposal of such contents. Regulation 17 provides for the application of proceeds of sale of any property sold by an authorised person under regulation 14 or 16. It also provides for any proceeds from the sale of property which exceed expenses incurred by the detention of a vehicle and contents, and which are not claimed by any person, to be used to offset costs incurred in the detention of other property under the Regulations. Regulation 18 concerns disputes about the return or disposal of contents of a vehicle or the application of the proceeds of sale of a vehicle or its contents. Such applications are to be made to the Department. There is provision for an appeal to be made from the Department’s determination to a court of summary jurisdiction. Under regulation 19 it is a criminal offence to make a declaration intended to secure the return of property where the declaration is to the person’s knowledge false or in any material respect misleading. Regulation 20 regulates the service of notices under the Regulations. Regulation 21 enables the Department to extend specified periods described in the Regulations where they consider it necessary in order to ensure that a case is dealt with fairly and justly. A Regulatory Impact Assessment has been prepared and copies are available from Transport Regulation Unit, Department of the Environment, Bedford House, 16 – 22 Bedford Street, Town Parks, Belfast BT2 7FD or viewed online at http://www.legislation.gov.uk/nisr

Offences created by this instrument

Where a person makes a declaration with a view to securing the return of a vehicle and the declaration is that the… regulation 19(1) · Status not determined · Strict liability
Removal of, or interference with, an immobilisation notice or device regulation 6(3) · Status not determined · Strict liability
Removal of, or interference with, an immobilisation notice or device regulation 6(4) · Status not determined · Strict liability

What Parliament said about it

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