Correct on the date of publication - 31 March 2025
Question:
Section 165A of the Road Traffic Act 1988 gives officers the power to seize immediately a vehicle which is detected as being driven by a driver who is uninsured or does not have a valid licence. Does this power to seize extend to the keys for the vehicle? Or does the power relate only to the vehicle itself?
Answer:
Where the power under section 165A of the Road Traffic Act 1988 applies, subsection (5) allows to for the seizure of the vehicle and also allows reasonable force to be used in exercise of this power. Before seizing the vehicle, the driver must be warned that the officer will seize it if they don't comply with the requests in subsection (6) unless it is impracticable to give such a warning (such as the driver driving off).
Where a person is warned that they will have their vehicle seized and is compliant with the seizure, then in order to effect that seizure, the driver will need to step out of the vehicle and/or hand over the keys to the officer. If the driver indicates that they are not complying with the seizure then reasonable force may be used, but we would suggest this would only apply to removing the driver from the vehicle.
Unfortunately there does not appear to be any caselaw on this matter specifically. However, in our opinion, the section only refers to the seizure of ‘the vehicle’ itself– officers have no powers to demand the keys for the vehicle. If the driver refuses to provide the keys, we suggest the vehicle should be seized in the normal manner and the relevant administration department in your force informed there are no keys for it. Where the driver has not provided the keys for the vehicle, this should be recorded in the officer’s notes, the seizure notice and any other relevant documentation, for example a vehicle condition report.
Practically speaking, often when a locked car is seized, the alarm will go off and the battery will discharge, which will then be a problem for the owner / keeper when they come to collect the vehicle. We’d suggest officers simply seek to persuade / advise / warn drivers of the problems that not handing over the keys may cause, and ensure this conversation is recorded to mitigate any complaints arising from the owner having to recovery the vehicle from the police pound at a later date, because of the flat battery.
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