The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 2008

• Citation: S.I. 2008/2266
• Sections: 11

Section 1 Citation and commencement

These Regulations may be cited as the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 2008 and shall come into force on 1st October 2008.

Section 2 Amendment of Regulations

The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997 ) shall be amended in accordance with the following regulations.

Section 3 Amendment of Regulations

In regulation 2 (interpretation), in paragraph (1) after the definition of “release” there shall be inserted—

“relevant place” means a place to which Schedule 2A to the 1994 Act applies;

Section 4 Amendment of Regulations

In regulation 4 (disapplication of the Regulations)—

(a) in paragraph (1), there shall be omitted “which is on a public road”;

(b) in paragraph (2), there shall be omitted sub-paragraph (b);

(c) paragraph (3) shall be omitted.

Section 5 Amendment of Regulations

In regulation 5 (power to immobilise vehicles)—

(a) in paragraph (1) for “on a public road” there shall be substituted “in a relevant place”;

(b) in paragraph (2)—

(i) after “may” there shall be inserted “enter a relevant place and”;

(ii) in sub-paragraph (a), for “in the place where it is stationary” there shall be substituted “in that place”; and

(iii) in sub-paragraph (b), for “place on the same or another public road” there shall be substituted “relevant place”.

Section 6 Amendment of Regulations

In regulation 6 (release of immobilised vehicles)—

(a) in paragraph (1) sub-paragraph (b)—

(i) paragraph (i) and the word “or” following it shall be omitted; and

(ii) in paragraph (ii) there shall be omitted “or that the vehicle was at the time it was immobilised an exempt vehicle”;

(b) for paragraph (3) there shall be substituted—

(3) The second requirement is that—

(a) evidence that no offence under section 29(1) of the 1994 Act was being committed when the immobilisation device was fixed or the vehicle moved is produced in accordance with instructions specified in the immobilisation notice;

(b) the prescribed charge for a surety payment is paid in any manner specified in the immobilisation notice;

(c) a vehicle licence for the vehicle, which is in force, is produced; or

(d) a declaration is made that—

(i) an appropriate licence was in force for the vehicle at the time when the immobilisation device was fixed or the vehicle moved;

(ii) save in the case of a vehicle stationary on a public road, a relevant declaration was in force for the vehicle at that time; or

(iii) at that time the vehicle was an exempt vehicle which was not one in respect of which regulations under the 1994 Act require a nil licence to be in force.

Section 7 Amendment of Regulations

In regulation 8 (other offences connected with immobilisation) in paragraph (2) for sub-paragraphs (a) and (b) there shall be substituted—

(a) a person makes a declaration of a type referred to in regulation 6(3)(d) with a view to securing the release of a vehicle from an immobilisation device purported to have been fixed in accordance with the regulations; and

Section 8 Amendment of Regulations

In regulation 9 (removal of vehicles)—

(a) in paragraph (1), in sub-paragraph (a) for “on a public road” there shall be substituted “in a relevant place”; and

(b) in paragraph (3), after “direction, may” there shall be inserted “enter the relevant place and”.

Section 9 Amendment of Regulations

In regulation 12 (taking possession of a vehicle), in paragraph (2)—

(a) in sub-paragraph (b), for “a vehicle licence in respect of the vehicle which was in force when the vehicle was immobilised, or where it was not immobilised, it was removed,” there shall be substituted “evidence that no offence under section 29(1) of the 1994 Act was committed”;

(b) for sub-paragraph (c) there shall be substituted—

(c) the claimant—

(i) produces to the custodian evidence that no offence under section 29(1) was committed;

(ii) produces to the custodian a vehicle licence for the vehicle which is then in force; or

(iii) pays to the custodian the prescribed charge for the surety payment.

Section 10 Amendment of Regulations

In regulation 17 (disputes), in paragraph (6) for “on a public road” in each instance those words appear there shall be substituted “in a relevant place”.

Section 11 Amendment of Regulations

In Schedule 1 (the prescribed charges)—

(a) in Table I—

(i) in relation to item 1 in column (3) for “£80” there shall be substituted “£100”;

(ii) in relation to item 2—

(aa) in column (2) for “motorcycle” there shall be substituted “vehicle”; and

(bb) in column (3) for “£80” there shall be substituted “£100”;

(iii) in relation to item 3—

(aa) in column (2) “, including a motorcycle” shall be omitted; and

(bb) in column (3) for “£160” there shall be substituted “£200”; and

(iv) in relation to item (4) for “£15” there shall be substituted “£21; and

(b) in Table II in column (3)—

(i) in relation to item 1 for “£120” there shall be substituted “£160”;

(ii) in relation to item 2 for “£300” there shall be substituted “£330”; and

(iii) in relation to item 3 for “£600” there shall be substituted “£700”.