Vehicle Impounding
Having a vehicle detained or impounded can cause immediate financial and operational problems for a transport business. If your vehicle has been seized, it is important to establish why it was detained and whether there are grounds for seeking its return.
DVSA has powers to detain goods and passenger vehicles being operated unlawfully in circumstances covered by the operator licensing legislation. An owner may be able to apply to the Traffic Commissioner for the return of a vehicle detained under these powers.
If your vehicle has been impounded, I can advise you on the legal position, whether an application for its return can be made and the preparation and presentation of that application.
Why Has My Vehicle Been Impounded?
DVSA has powers to detain vehicles being operated illegally under the operator licensing regime.
Impounding may arise in circumstances including where:
- a vehicle is being operated without the authority of the required Operator’s Licence;
- an operator continues to operate following revocation of its licence;
- previous enforcement action has been taken for operating without a licence; or
- in some circumstances, a foreign-registered goods vehicle is being operated outside the applicable cabotage rules.
The current Senior Traffic Commissioner directions identify these among the circumstances in which impounding may occur and make clear that the examples are not exhaustive.
Both goods vehicles and passenger vehicles can fall within the relevant impounding legislation.
Applying for the return of an Impounded Vehicle?
The owner of an impounded vehicle may apply to the Traffic Commissioner for its return. The application must be made in writing within the prescribed period and must identify one or more of the statutory grounds relied upon. There are strict time limits, so it is important to act promptly.
Establishing ownership is an important first step. Being the registered keeper of the vehicle is not necessarily sufficient to prove legal ownership, so appropriate evidence of ownership may be required.
For goods vehicles, the statutory grounds include circumstances where:
- the person using the vehicle held a valid Operator’s Licence at the time it was detained;
- the vehicle was not being used in contravention of the operator licensing legislation;
- the owner did not know that the vehicle was being used unlawfully; or
- despite knowing about the unlawful use, the owner had taken steps to prevent that use and has taken steps to prevent further unlawful use.
Equivalent grounds are set out in the passenger vehicle impounding regime.
The application must identify the statutory ground relied upon and should be supported by appropriate evidence. If a hearing is requested by the applicant, the Traffic Commissioner must hold one. A hearing may also be held where the Traffic Commissioner considers it appropriate.
Preparing for an Impounding Hearing?
Careful preparation is important because an impounding hearing is an adversarial hearing. The parties may give evidence, call witnesses, cross-examine witnesses and address the Traffic Commissioner on the evidence and the issues in the case.
Depending on the circumstances, preparation may include:
- establishing legal ownership and gathering appropriate evidence of ownership;
- reviewing the circumstances in which the vehicle was detained;
- considering the evidence relied upon by DVSA;
- identifying clearly the statutory ground or grounds relied upon for return;
- gathering documents and other evidence supporting those grounds;
- identifying any relevant witnesses; and
- preparing to deal with the evidence at the hearing.
Where unlawful use is established, the applicant must establish a statutory ground for the vehicle's return. There is no residual discretion to return the vehicle where no statutory ground has been made out.
What Can Happen at an Impounding Hearing?
At the hearing, the Traffic Commissioner will consider the evidence and whether the applicant has established a statutory ground for the return of the vehicle.
If the Traffic Commissioner is satisfied that a statutory ground for return has been established, the vehicle can be ordered to be returned. If the application is refused, there may be a right of appeal to the Administrative Appeals Chamber of the Upper Tribunal.
If there is no successful application or appeal, the vehicle may ultimately be sold or otherwise disposed of. Current guidance states that, where there is no appeal against a decision not to return the vehicle, or an appeal is unsuccessful, the vehicle can be sold or crushed, with the proceeds of any sale returned to the rightful owner less costs.
How I Can Help with an Impounded vehicle?
I can advise you on the circumstances in which the vehicle was detained, whether there are grounds for seeking its return and the evidence needed to support an application. This can include considering ownership, preparing the application and identifying the statutory ground or grounds on which the return of the vehicle is sought.
Where the application proceeds to an impounding hearing, I can prepare your case and represent you before the Traffic Commissioner, including dealing with the evidence and the case advanced by DVSA.
Has Your Vehicle Been Impounded?
If your vehicle has been detained or impounded, contact me promptly to discuss the circumstances, whether there are grounds for seeking its return and the steps that need to be taken.