UK Offence Report

Offences relating to immobilisation

regulation 6(3) of The Public Service Vehicles (Enforcement Powers) Regulations 2009

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

3 A person who removes or interferes with, otherwise than in accordance with regulation 5(4), an immobilisation notice fixed to

a vehicle in accordance with regulation 5(3) is guilty of an offence.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 6(3)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. On these words an offence is committed where a person removes or interferes with, otherwise than in accordance with regulation 5(4), an immobilisation notice fixed to a vehicle in accordance with regulation 5(3).
  2. Doing what the provision prohibits, or failing to do what it requires under the Public Service Vehicles (Enforcement Powers) Regulations 2009.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

The Ministry of Justice records offences under this instrument against offence code 17318 — 17318 - Offences relating to immobilisation and obstruction of an authorised person under Public Service Vehicles (Enforcement Powers) Regulations 2009. That code may cover several provisions of the instrument, so a count against it is not a count of prosecutions under this provision alone.

No published per-offence figure was found for this provision. Offences created by statutory instrument very largely do not have their own code in the MoJ’s Outcomes by Offence data tool. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
16 July 2009
In force from
1 October 2009
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations introduce a statutory regime whereby a vehicle adapted to carry more than eight passengers which is being, or has been, used on a road in contravention of the public service vehicle operator licensing requirements in section 12 of the Public Passenger Vehicles Act 1981 can be detained by an authorised person (defined as an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988 or a person acting under the direction of such an examiner). The regime prescribed is similar to that already in place in respect of goods vehicles operated in contravention of the relevant licensing requirements, as set out in the Goods Vehicles (Enforcement Powers) Regulations 2001 (S.I. 2001/3981), made under the Goods Vehicles (Licensing of Operators) Act 1995. Regulation 3 empowers an authorised person to detain a vehicle and its contents where that person has reason to believe that the vehicle has been, or is being, used in breach of the licensing requirements. Where, at the time of the detention, passengers are travelling on the vehicle, regulation 4 requires the authorised person to provide for them to be transported in safety either to their destination, or to a suitable place from which that destination can be reached. Regulation 5 empowers an authorised person to fix an immobilisation device to a detained vehicle and, where such a device has been fixed, requires the attachment of an immobilisation notice. Regulation 6 prescribes that it is a criminal offence for an unauthorised person to remove, or attempt to remove, an immobilisation device from a vehicle, or to remove or interfere with an immobilisation notice. Regulation 7 requires the authorised person to take such steps as are reasonably practicable to return contents or personal effects to the person entitled to their return. Regulation 8 provides for detained property to be placed into the custody of a nominated custodian. Regulation 9 requires certain steps to be taken to inform a person that their property has been detained. Regulation 10 provides that, where the authorised person is satisfied that certain grounds are made out, the vehicle must be returned to the owner without the need for an application to be made to the traffic commissioner. Regulations 11 to 15 prescribe the procedure under which the owner of a detained vehicle may apply to the traffic commissioner for its return, and provide a right of appeal to the Upper Tribunal against the determination of the traffic commissioner. Regulations 16 to 18 prescribe the procedures for the sale or destruction of vehicles and the return or disposal of contents or personal effects. Regulation 19 places the nominated custodian under a duty to take such steps as are necessary to ensure the safe custody of such property. Regulation 20 provides for proceeds from the sale of property to be applied to meeting expenses incurred by the authorised person in exercising functions in relation to that property under these Regulations, with any surplus payable to any person who can prove entitlement to the relevant property. Where no such person comes forward, proceeds may be applied towards meeting expenses incurred in exercising functions under these Regulations in relation to other property. Regulation 21 prescribes a mechanism for dealing with disputes. Regulations 22 and 23 provide that it is a criminal offence to intentionally obstruct an authorised person, or to make a false or misleading statement. Regulation 24 prescribes various requirements for the giving of notices under these Regulations. Regulation 25 empowers traffic commissioners to extend specified periods where considered necessary to enable a case to be dealt with fairly and justly. An impact assessment has been prepared and copies can be obtained from the Traffic Enforcement Policy Team, VOSA, Croydon Street, Bristol, BS5 0DA. The assessment is annexed to the Explanatory Memorandum which can be found alongside the instrument on the Office of Public Sector Information website (www.opsi.gov.uk).

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source