Roads Policing Insurance and Vehicle Seizure PDF

Police College RP06 Roads Policing RP05 Insurance and Vehicle Seizure Introduction The fact that a person has the ability to pass a driving test does not, unfortunately, guarantee that they will not...

Police College RP06 Roads Policing RP05 Insurance and Vehicle Seizure Introduction The fact that a person has the ability to pass a driving test does not, unfortunately, guarantee that they will not be involved in a collision. Without insurance an individual could face a heavy claim for damages, especially when someone is injured or killed. The legislation provides that all motor vehicles used on roads are required to be covered by a minimum level of insurance. Definition ‘..it shall not be lawful for any person to use, or cause or permit any other person to use, a motor vehicle on a road or other public place unless there is in force in relation to the user of the vehicle by that person or that other person, as the case may be, such a policy of insurance or such security in respect of third party risks. Article 90 Road Traffic (NI) Order 1981 Points to Prove Used/caused/permitted another to use. Motor vehicle. On a road/public place. Not covered by policy of insurance/cover note/security for third party risks. Key learning point Must be used on a road or public place and applies to Motor Vehicle. OFFICIAL [SENSITIVE] Page 43  Police College RP06 After proving the defendant used a motor vehicle on a road or public place it is for the defendant to show there was in force an appropriate insurance policy. DPP v Hay (2005) A vehicle that has been left on a road for several months and its condition deteriorated so that it could not be moved is still at disposal of owner and requires insurance. Plumbien v Vines (1996) Use A driver will always be using the vehicle. In addition, if the vehicle belongs to a firm and is being used for company business then the employer is also using. If the owner is in the passenger seat, but the vehicle is being driven by another, the owner is using if it is for his purpose. Example use - Your friend asks you to drive him to the shops as he has a broken leg and cannot drive himself; then both of you are using. Cause A person who has a degree of authority over another, orders or instructs the other to drive the vehicle, then they are causing the use of the vehicle. OFFICIAL [SENSITIVE] Page 44  Police College RP06 Example cause - Transport manager telling a subordinate to use a vehicle. Permit Where a person gives another permission whether general or explicit to use a vehicle. Example permit - A friend who lends you their car knowing there is no insurance for the vehicle would be permitting. Third Party Risks ‘..liability which may be incurred by the insured in respect of the death of or bodily injury to any person or damage to property caused by or arising out of the use of the motor vehicle on a road or other public place in Northern Ireland.’ Art 92(b) Road Traffic (NI) Order 1981 The policy holder or a person authorised to use the vehicle cannot make a claim against the policy if they were driving. OFFICIAL [SENSITIVE] Page 45  Police College RP06 Proof of Insurance The documents which support proof of insurance include: Certificate of insurance. Cover note. International motor insurance card (‘green card’). Certificate of deposit/security. Examination When examining a certificate of insurance (which can be an online version), you should note the following particulars: The certificate number. The commencement and expiry dates. Name and address of insurance company. That the certificate covers the vehicle being used. Limitations as to the use of the vehicle. The persons entitled to drive the vehicle. In other words,  DOES THIS INSURANCE  COVER THIS PERSON  TO DRIVE THIS VEHICLE  FOR THIS PURPOSE  ON THIS DATE Statutory Defence ‘A person charged with an offence under Article 90 (no insurance) shall not be convicted if he proves: OFFICIAL [SENSITIVE] Page 46  Police College RP06 i. that the vehicle did not belong to him and was not in his possession under a contract of hiring or loan; ii. that he was using the vehicle in the course of his employment and with the authority of his employer; and iii. that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security.’ Art 91 Road Traffic (NI) Order 1981 Power to Seize Vehicles 1. Form T23 – PACE/Statutory powers including police vehicle recovery. 2. Form T27 – no insurance seizure Form T23 will be completed in all cases except no insurance where a vehicle is seized by the Officer in Charge, immediately on return to the station and sent electronically by email to ‘zVehicle Recovery Liaison Officer’ – This form is available on Police Intranet and should be fully completed. Form T27 Police also have the power to seize uninsured vehicles. Either of the following conditions must be satisfied prior to the seizure process commencing: I. A constable in uniform requires a person to produce evidence of insurance, the person fails to produce such evidence and the constable has reasonable grounds for believing that the vehicle is or was being driven. II. A constable in uniform requires a person driving a motor vehicle to stop (Art. 180(1)), the person fails to stop, or stop the vehicle for long enough, for the constable to make lawful enquiries and the constable has reasonable grounds for believing that the vehicle is or was being driven. Art 180B (2)(3) The Road Traffic (NI) Order 1981 Only authorised officers can seize motor vehicles for not having a valid insurance certificate. OFFICIAL [SENSITIVE] Page 47  Police College RP06 All personnel should follow the guidance offered below when contemplating seizing a suspect uninsured vehicle.  Conduct initial enquiries (as above) to verify the vehicle is uninsured, this will include questioning the driver, checking the Motor Insurers Database (MID) and if necessary contacting the MIB police helpline on 0845 165 2999.  If you are satisfied that the vehicle is uninsured, request assistance from an authorised officer to attend and seize the vehicle  The entire seizure process will be handled on your behalf with the necessary paperwork completed and the driver instructed how to reclaim their vehicle.  HOWEVER, you are responsible for issuing a form 55/8 for production of other driving documents and submitting the ‘No insurance’ file/issuing a fixed penalty notice for the offence. (See student notes on production of documents/fixed penalty notices)  If the driver does not wish to wait for the arrival of the seizing officer, make sure you record the driver/owners details, where possible take possession of the vehicle keys and encourage the removal of any valuable items from the vehicle. Managed Vehicle Recovery Statutory removal – Road Traffic Reg (NI) Order 1997 47(1) This paragraph applies to a vehicle which has broken down, or been permitted to remain at rest on a road in such a position or in such condition or in such circumstances as to cause obstruction to persons using the road or as to be likely to cause danger to such persons; or has been permitted to remain at rest or has broken down and remained at rest on a road in contravention of any statutory prohibition or restriction. 47(2) A constable may require the owner, driver or other person in control or in charge of any vehicle to which paragraph (1) applies to remove the vehicle as soon as practicable to another position on that or another road or to a place which is not on a road. OFFICIAL [SENSITIVE] Page 48  Police College RP06 48(1) This paragraph applies to a vehicle – a) to which Article 47(1) applies; b) which appears to a constable to have broken down on a road and to have been abandoned; or c) which has been permitted to remain at rest on a road in such a position or in such condition or in such circumstances as to appear to a constable to have been abandoned. 48(2) A constable may remove a vehicle to which paragraph (1) applies to another position on that or another road, or to a place which is not on a road. 48(3) A constable may remove a vehicle under paragraph (2) by towing or driving it or in such other manner as he thinks necessary and may take such measures in relation to the vehicle as he thinks necessary to enable the vehicle to be removed. OFFICIAL [SENSITIVE] Page 49  Police College RP06 Seizure of Uninsured Vehicles Motor Vehicle on Road/Public Place Article 21Road Traffic(NI) Order2007 Stopped by Constable in Uniform Demands Insurance Person fails to stop/stop long enough for enquiries to be made Person fails to produce evidence of Insurance Constable has reasonable grounds Constable has reasonable grounds to suspect identified person to suspect No Insurance has No Insurance (eg. MIB check & call to Ins Co) (eg. MIB check & call to Ins Co) Vehicle seized by Constable in Uniform May seize vehicle within 24 hours in circumstances where vehicle has made off Constable requests MVRS to C&C Log Recover Vehicle& Retain created Constable issues ‘Seizure Notice T27’ Constable Driver/Owner Recovery Operator (Blue) (White) (Yellow) Constable issues 55/8 Person given 7 days to produce Insurance and/or EFPN/ or nominated person to produce insurance & D/L Prosecution at nominated PSNI Station OFFICIAL [SENSITIVE] Page 51