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Seizure of vehicles (Sections 59 and 60)
44. Section 59 gives the police new powers to deal with the anti-social use of motor
vehicles on public roads or off-road. It includes powers to stop and to seize and to
remove motor vehicles where they are being driven off-road contrary to section 34 of
the Road Traffic Act 1988 or on the public road or other public place without due care
and attention or reasonable consideration for other road users, contrary to section 3 of
the 1988 Act. Section 60 allows the Secretary of State to make regulations relating to
the removal, retention, release or disposal of motor vehicles seized in accordance with
section 59.

Police Reform Act advice sections 59 and 60_guidance
Police Reform Act advice sections 59 and 60_guidance Page 1 of 21
Ref: Policy No: P60033
20 August 2004 Ratified by FMB 12/8/04/ 10.4
Ref: Policy P60033
1 Background
1.1 The provisions of Section 59 of the Police Reform Act 2002 commenced on
1st January 2003 and provide uniformed police officers and designated
Police Community Support Officers with powers to deal with persons using
mechanically propelled vehicles in an anti-social manner, either on or off
road.
1.2 For the powers to be available, the officer must have reasonable grounds for
believing that a mechanically propelled 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.
1.3 The officer will also have these powers where he/she has reasonable
grounds for believing that a motor vehicle has been used on an occasion in
any manner falling within paragraph 1.2 of the Policy.
1.4 If the mechanically propelled vehicle is moving, a uniformed police officer or
Police Community Support Officer (‘PCSO’) can order the person driving it to
stop.
1.5 A uniformed police officer or PCSO may seize and remove the vehicle by
authorising towing by a Hertfordshire Constabulary Authorised Recovery
Agent PROVIDED he/she has warned (see 2 below) the person who appears
to be using it, that he/she will seize it if that use continues or is repeated and
it appears to him/her that the use has continued or been repeated after the
warning.
1.6 For the purpose of exercising a power under 1.2 above, a uniformed police
officer may enter any premises, other than a private dwelling house, on
which he/she has reasonable grounds for believing the vehicle to be. A
PCSO has the same power except that he/she can only enter premises when
in the company, and under the supervision of a constable. Note: A private
dwelling house does not include any garage or other structure occupied with
the dwelling house, or any land relating to it.
1.7 Reasonable force may be used, if necessary, in the exercise of any of these
powers.
Police Reform Act advice sections 59 and 60_guidance
Police Reform Act advice sections 59 and 60_guidance Page 9 of 21
Ref: Policy No: P60033
20 August 2004 Ratified by FMB 12/8/04/ 10.4
It is therefore vital that officers verify with the driver who the owner of
vehicle is at the time of issuing the warning, so that a copy of the notice
can be served on them.
In the event of any litigation by the owner, Legal Services Department will
deal with this issue.
In the event of any prosecutions under Sections 3 or 34 of the Road Traffic
Act 1988, the Crown Prosecution Service must be informed as part of the
disclosure of evidence whether a warning, seizure or disposal of a vehicle has
taken place.