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1 Freedom of Information Request Reference No: I note you seek access to the following information: Under Police Statutory Removal powers, a motor vehicle can be removed to a recovery operators premises that is currently contracted under a Police Vehicle Recovery Contract (scheme). If the said owner of a motor vehicle removed under these statutory powers had paid the relevant release fees due for this vehicle and instructed a local recovery operator (who now has a contractual agreement with the owner) to collect his property from the police contracted suppliers premises. Is there a regulatory or contractual condition for the Police contracted holding agent to insist upon production from the collecting agents the following documentation (vehicle/company/public liability insurance, MOT, photo ID, Training Certificates, Loler certificates) relating to their collecting vehicle and business operations before release of the said property upon which there is no longer a statutory lien in force. DECISION I have today decided to disclose the located information to you in full. The majority of vehicles removed by the Metropolitan Police Service (MPS), under statutory powers, are recovered to one of the two police pounds. These pounds are located in Perivale (West London) and Charlton (East London). Both pounds are operated by police staff and not by recovery operators. If a vehicle is seized under S165A of the Road Traffic Act, then the registered keeper or owner is first required to attend the pound in person to reclaim the vehicle. They must also comply with the requirements of Section 5 of the Road Traffic Act (Retention and Disposal of Seized Motor Vehicles) Regulations If a contractor attends a pound to recover a vehicle on behalf of the owner, we ask for the following: 1. Original driving licence - as proof of identity and driving entitlement. 2. Proof of ownership, such as a V5C, or a job sheet together with written authorisation from a finance company or insurance company, which will have already established their claim to the vehicle. 3. A verifiable letter of authority from the owner, authorising the driver to collect the vehicle on their behalf. This is not required if the owner is present in person with

2 photo ID. Normally a copy of the owners ID is required to verify the letter of authority. 4. An Insurance certificate covering the recovery vehicle for that purpose. After these documents have been checked and scanned copies have been made, the driver is asked to sign the attached Health and Safety Declaration. For your assistance, I have also attached a copy of our policy relating to recovery drivers operating in the police pounds. As police staff we must take reasonable steps to ensure: 1. That we restore the vehicle to an authorised person. 2. That a Road Traffic offence is not being committed. 3. That the MPS and the recovery operator comply with the relevant legislation and responsibilities under the Health and Safety at Work Act We do not routinely ask the recovery contractor for: 1. An MOT certificate for the recovery vehicle 2. Copies of employers liability or public liability insurance certificates 3. Training certificates 4. LOLER and PUWER certificates These documents would only be requested if there are any doubts relating to the roadworthiness of the vehicle and equipment or the competence of the operator. Copies of these certificates can be faxed or ed to the pound at our request. Some vehicles removed by the MPS under statutory powers are recovered to the recovery operator s own premises. Although the operator is contractually obligated to comply with MPS policies and guidelines, each operator will have their own local Health and Safety Policy. These policies will be based upon their own specific risk assessments and the requirements of their insurers. Directorate of Resources

3 For the attention of companies collecting vehicles from a Police Compound (Health & Safety at Work Act 1974) You may be required to produce LOLER & PUWER certificates in relation to any equipment you intend to use on this site. You may also be asked for the production of the driver/operator s training certification for the equipment being used. This request is a legal requirement of Section 3 Health and Safety at Work Act 1974 which requires any member of staff to see / check that any recovery agent / contractor workers and machinery do not represent a risk to safety, prior to commencement of any operations on their site. Failure by the site owner / operator to ensure that your equipment, or the training of the person operating it, is adequate to comply with legal requirements may render this operator liable to prosecution under the Health and Safety at Work Act Your company must comply with every applicable aspect of the Health and Safety at Work Act and the Metropolitan Police therefore requires that Section 3 of the Act is complied with. If you are unable to evidence compliance with this legal requirement we are perfectly entitled to decline you access to the premises. You must also wear and use the appropriate PPE when operating on this site. Please sign below to confirm that you meet all the above requirements. Name: Signature: Date:

4 Health and Safety at Work Act 1974 Section 3 General duties of employers and selfemployed to persons other than their employees (1) It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety. (2) It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety. (3) In such cases as may be prescribed, it shall be the duty of every employer and every self-employed person, in the prescribed circumstances and in the prescribed manner, to give to persons (not being his employees) who may be affected by the way in which he conducts his undertaking the prescribed information about such aspects of the way in which he conducts his undertaking as might affect their health or safety.

5 1 Introduction Recovery Drivers Operating in Pounds Pound Policy The MPS has a legal responsibility under the Health and Safety at Work Act 1974, to ensure so far as is reasonably practicable, the health and safety of all employees and any other persons on site. This includes recovery drivers visiting the site to collect or deliver vehicles. We also have a duty care to ensure, so far as is reasonably practicable, that recovery drivers are complying with the road traffic laws when they leave the pound. Health and Safety Declaration All recovery drivers are required to sign the Health and Safety declaration, confirming that they comply with all the regulations. Three Points of Compliance Apart from checking their ID, driving licence and insurance certificate, we must take reasonable steps to ensure that recovery drivers comply in the following areas: 1. Personal protective equipment (PPE) 2. Licensing requirements 3. Loading and weight 1. PPE All recovery drivers must wear the following PPE at all times when they are on site: 1. High visibility jacket 2. Protective footwear (with steel toecaps) PLUS (where applicable): 3. A hard hat (if operating a HIAB) 4. A bump cap (if operating a multi-deck trailer) 2. Operators Licence The Law According to the Goods Vehicles (Licensing Operators) Act 1995), drivers operating goods vehicles weighing more than 3.5 tonnes require an operator s licence. A permanently adapted recovery vehicle is exempt from requiring an Operators Licence, but only if it is being used to recover a disabled vehicle. A non-disabled vehicle is being transported and not recovered. It can only be transported by a driver who holds a valid operator s licence. The decision to class a vehicle as disabled will be made on a case by case basis, according the vehicle condition and circumstances.

6 2 3. Loading and Weight A driver is responsible for knowing the unladen weight and the maximum loaded weight of their vehicle. This will enable them to calculate the maximum load their vehicle can carry. An overloaded vehicle is dangerous and is liable for a heavy fine and an overload prohibition notice. We should take reasonable steps to ensure that a vehicle is not overloaded when it leaves the pound. Without the facility of a weighbridge, pound staff will have to use some judgement. Disputed Weight If we believe that a vehicle is not capable of carrying the load, we must: Refuse to the driver to load Make the driver unload If the driver disputes our decision, we should call a traffic unit to make the final decision.

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