Operational partnerships - Seizure of unlicensed and uninsured vehicles policy (R05)

1. Summary of changes

1.1 The following changes have been made to this policy in November 2023 - minor amendments to paragraph 2.1. 

2. What this policy is about

2.1 The police under certain circumstances have the power to seize, retain and dispose of vehicles. This policy/SOP sets out the:

• powers and procedures to seize vehicles, and the retention/return and disposal of vehicles
• conditions which have to be satisfied prior to seizure, release and disposal. 

Compliance with this policy and any linked procedures is mandatory.

3. Statement of policy

3.1. The aim of this policy is for the police to use their powers to prevent the continued use of a vehicle where the driver is uninsured, unlicensed or fails to stop. It is not to be viewed as a punishment for the driver.

3.2. Consideration must be given to the human rights implications of seizing a vehicle and the duty of care that may arise to persons left without alternative transport facilities.

3.3. Application of the powers must be measured against the PLANE principles: - (proportionate/legal/accountable/necessary/ethical).

3.4. The Counter Terrorism and Security Act 2015 places a duty upon specified authorities (which includes the police) to ensure that their functions are discharged having due regard to the need to prevent people being drawn into terrorism. The contact which all officers and staff have with members of the public provides them with opportunities to identify concerns and trigger the appropriate prevent response to ensure their protection. It is essential that officers and staff understand the issues of radicalisation, are able to identify why people may be vulnerable to being drawn into terrorism as a consequence of it and how to obtain support for people who may be being exploited by radicalising influences (details are contained within the Prevent Duty and the Channel Duty). This policy has been reviewed and assessed that the CTSA duties could be relevant.

4. Implications of the policy

4.1. Finance/staffing/training/other

• finance - there are potential cost implications if the powers are not exercised correctly
• staffing - the force has a vehicle recovery team situated at the Force Control Room (FCR)
• training - officers should only use these powers if they have been appropriately instructed in their use

4.2. Risk assessment

This policy has been assessed as low risk.

4.3. Equality Impact Assessment (EIA)

An EIA has been carried out and shows the proposals in this policy would have no potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion, or belief or sexual orientation.

5. Consultation

5.1. Took place on 18 December 2014 with representation from constable to chief inspector rank.

6. Monitoring and review

6.1. This policy will be reviewed every two years with the next review taking place in November 2025.

7. Other source documents

• Road Traffic Act 1988
• Serious Organised Crime and Police Act 2005

8. Security

8.1. Kent Police have measures in place to protect the security of your data in accordance with our Information Management policy.

9. Retention and disposal of records

9.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy.