Defective Vehicles / Anti Social Use of Vehicles

PG9 Prohibition Notices to prevent the use of defective vehicles & Section 59 Powers of Seizure

Police officers have the power to issue prohibition notices (PG9) to prevent use on public roads of any vehicle found to be defective. Defects can range from wrongly tinted windows to defective tyres. Serious cases will attract immediate prohibitions while less serious problems may delay the prohibition coming into force by up to ten days.

To remove a prohibition the vehicle must be taken to a MOT testing station that tests that class of vehicle and pass a normal MOT. This applies whether the vehicle is not yet due for MOT or it was tested yesterday. Once a pass certificate (VT20) has been issued the owner takes the VT20 together with the prohibition notice to any Police station to have it lifted (PG10). The VT20 pass certificate must have been issued after the date the prohibition notice was issued.

Note that prohibitions are usually issued at roadside checks and the examiner will have limited facilities and test equipment. It is possible therefore that further defects will be uncovered during the MOT inspection and additional work will need to be done before the vehicle passes.

Driving a vehicle subject to prohibition is a serious offence and may incur a penalty of up to £5,000

Section 59

Section 59 (1) of the Police Reform Act 2002 establishes that, where a police constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which contravenes section 3 or section 34 of the Road Traffic Act 1988 (careless and inconsiderate driving and prohibition of off-road driving), and is causing, or is likely to cause alarm, distress or annoyance to members of the public, a constable in uniform has the power to order the person driving to stop the vehicle, to seize and remove the vehicle, to enter any premises on which the officer has reasonable grounds for believing the motor vehicle to be and to use reasonable force.

If a vehicle is seized, the charges will be £150 to the driver and a further £10 for each day the vehicle is retained.

 

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