Not Protectively marked

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1 Policy: Removal, Storage & Disposal of Vehicles Policy Approved date: Version 1-07/07/09 Version 2 (Review) 24/04/12 Version 3 Update 12/08/12 Owner: Ch Superintendent, Territorial Policing For release under Freedom of Information? Equality, diversity and human rights relevance H/M/L Yes L Supporting procedures also in policy library: APPENDIX 1 - Guidance for Vehicle Recovery APPENDIX 2 - Statutory charges for recovery APPENDIX 3 Guidance for Police Vehicle Recovery Contact for advice: Force Vehicle Recovery Administrators ext 8601

2 1. AIMS The aims of this policy are :- To provide an efficient and effective service to the public and the Constabulary in relation to the removal, storage and disposal of vehicles and, to ensure that approved standards are maintained. To protect the Chief Constable from vicarious liability in relation to :- (1) Any damage caused to removed vehicles (2) Responsibility for the safe storage of removed vehicles (3) Responsibility for the safe storage of any property contained in or on removed vehicles. To ensure compliance with relevant legislation and case law. This policy applies to all members of the Constabulary involved in the removal of vehicles and the subsequent storage and disposal of such vehicles. 2. POLICY 2.1 INTRODUCTION Cumbria Constabulary has contracted the management of removal, storage and disposal of vehicles to an external contractor - currently FMG (FMG Support Ltd). Administrative support for the scheme is provided via an FVRLO (Force Vehicle Removal Liaison Officer currently a jobshare post) who will undertake checks Monday to Friday, on the status of all removed vehicles; discharge vehicles from the system; advise officers on scheme procedures and undertake random assessments of removals for quality and contract monitoring purposes. All enquiries in relation to use of the scheme, or the removal, storage or disposal of vehicles should be directed to the FVRLO. The contractor will appoint ARO s (Authorised Recovery Operators) who meet approved standards set by the Constabulary. This will ensure that the ARO s are properly equipped and trained to meet relevant Health & Safety and other legislative requirements. The contractor will periodically inspect the ARO s to ensure that standards are maintained and assist them to provide a professional service. The scheme will eliminate the need for removed vehicles to be stored on police premises and provide a service to deal with any property and personal effects contained within such vehicles. To gain maximum benefit from the scheme it is vital that Constabulary personnel fulfill their obligations in relation to the ARO s and in particular, OIC s (officers-in-case) must keep the FVRLO (Force Vehicle Recovery Liaison Officer) updated (via internal addressed to Vehicle Recovery Scheme ) regarding vehicle storage requirements. Known owner details, or failing that PNC (Police National Computer) keeper details should be supplied to the ARO (by secure means). In respect of passing such information, the ARO is deemed by legislation to be acting in aid of the police. The preferred method of passing this information is for the officer at scene to complete Section 3 of the Audit Trail

3 Document, which will be in the possession of the ARO. Where appropriate, information included in PNC reports relevant to the vehicle being recovered, which is not of a sensitive nature, should also be passed to the ARO. This information should be the minimal amount necessary to fulfill obligations in relation to Health and Safety legislation. There will be some occasions where the ARO will have to take additional security measures to ensure the recovered vehicle is kept in a secure environment, in accordance with the information supplied by the OIC. The Communications Centre will ensure that a PNC Removed marker is placed on all removed vehicles. The marker will only show the vehicle has been removed via FMG. It must not divulge the identity of the ARO involved. This is to safeguard the ARO, because in the past criminals have reported their vehicles stolen in another police area, in order to ascertain its whereabouts and then target the premises of the identified ARO. Police officers and Police Staff must not enter into any discussion with the owner or driver regarding the cost of the recovery. In most cases It is the owners, drivers or insurers responsibility to pay the recovery costs direct to the ARO prior to the release of the vehicle. The contractual arrangements will be administered by the FVRLO, who will act as a single point of contact on behalf of the Constabulary. 2.2 VEHICLE REMOVALS See Appendix 1 for guidance in relation to vehicles removed as:- An Obstruction A Danger Seized for Evidence Section 165A RTA 1988 Section 59 Police Reform Act 2002 Abandoned Vehicles Vehicles belonging to arrested and detained persons It also explains the division of responsibility between the Police, Local Authorities and Highways Agency Traffic Officer Service (HATOs). 2.3 STORAGE All removed vehicles will be taken to the premises of the relevant ARO or other designated site e.g. to a specialist examination site. Under no circumstances must any vehicle be stored at police premises unless stipulated by an SIO All property found in any vehicle removed by an ARO will be the responsibility of the ARO If there is a possibility of long term storage of a removed vehicle, the ARO (via the FVRLO) must be advised by the OIC as to how the vehicle is to be stored (outside

4 / inside / under cover etc.) and kept updated on a regular basis as to continued storage requirements. If the OIC fails to do this the FVRLO will arrange disposal of the vehicle with the ARO. 2.4 DISPOSAL Police officers must not give the owner of a vehicle the opportunity to disclaim ownership. If a vehicle is disclaimed by the owner, the Constabulary then assumes ownership and is therefore liable for the cost of removal and storage. All aspects of disclaiming in relation to the vehicle will be dealt with by the ARO. Final disposal of disclaimed vehicles will still be subject to the normal disposal procedure As soon as the OIC becomes aware that a removed vehicle can be released to an identified person, the OIC must inform that person of the whereabouts of the vehicle and inform him or her that the vehicle will be available for collection between 9am 5pm, Monday to Friday The OIC must then update the FVRLO via (Internal Force address - Vehicle Recovery Scheme ). The FVRLO will then update Constabulary records and the contractor s web site, which in turn is accessed by the contractor and the ARO s Following the removal of a vehicle by an ARO, if no contact is received from the OIC, SIO or CPS within the subsequent 5 full consecutive day period, the ARO will then invoke the normal disposal procedures in respect of the vehicle. The method of disposal is contained in the contract between the Constabulary and the independent contract manager Following the removal and seizure of a vehicle in connection with a serious offence, the investigation of which includes the mechanical examination of that vehicle, the OIC must ensure to conform with the Beckford Judgement in relation to the storage of that vehicle and maintain contact with the FVRLO Letters should be sent by recorded delivery to the driver, owner or legal representative and the relevant insurance company, informing them that a serious offence is suspected and that the vehicle is to be mechanically examined in relation to the investigation of the suspected offence(s). The purpose of this is to afford other interested parties the opportunity of conducting their own separate independent mechanical examination of the vehicle They should also be advised that following the expiration of a 21 day period from the date of the letter, if no response is received, normal methods of disposal of the vehicle will be commenced Prior to the final disposal of the vehicle, the ARO will notify the FVRLO that disposal is imminent. The FVRLO will make a final check that all the points directed by the Beckford Judgment have been completed before issuing final authority for disposal of the vehicle If a Court forfeiture order is made in respect of a removed vehicle, it will be sold through the contractor via the FVRLO. The ARO s invoice will be met from the sum obtained and the residue (if any) will be paid into the Police Property Fund. This also applies to those vehicles which can be sold as a means of disposal.

5 Vehicles seized under Sect 165A Road Traffic Act 1988 (as amended) will only be released on production of the appropriate drivers licence and/or insurance for the specific vehicle at a nominated police station. Motor trader insurance policies will not be accepted unless the motor trader can provide documentary proof that the vehicle is genuinely in their possession as part of their legitimate trade. The nominated police office enquiry clerk will authorise release of the vehicle to the ARO by fax. The ARO will then release the vehicle after full payment of statutory fees Vehicles seized under Section 59 Reform Act 2002 can be released at the ARO premises to the owner of the vehicle (on proof of ownership) and by payment of the statutory fees. Disposal proceedings will be commenced in line with legislation if the owner fails to comply with the statutory notice within the timescale required Vehicles seized under the Proceeds of Crime Act will be subject to that specific legislation. 2.5 COMPLAINTS All complaints, whether against an officer or the scheme, must be forwarded to PSD (Professional Standards Department). Complaints against the scheme are a direction and control issue and will not be recorded as a complaint under the Police Reform Act Following recording and notification of the decision by PSD to the complainant, the complaint will then be forwarded to the FVRLO for further attention and correspondence if appropriate. The Contractor has discipline procedures in place in relation to the ARO s. 3. SUPPORTING INFORMATION Refuse Disposal (Amenity) Act 1978 Highways Act 1980 Road Traffic Regulation Act 1894 Road Vehicles (Construction and Use) Regulations 1986 Removal and Disposal of Vehicles Regulations 1986 and 2008 Road Traffic Act 1988 Road Traffic Act 1988 (Retention & Disposal of Seized Motor Vehicles) Regs 2005 & 2008 The Police (Retention & Disposal of Motor Vehicles) Regs 2002 & 2008 Road Traffic Offenders Act 1988 Public Order Act 1994 Human rights Act 1998 Police Reform Act 2002 Rivers v Cutting 1982 R v - Beckford 1994 Carey v Chief Constable, Avon and Somerset 1995

6 Service Motor Policies at Lloyds v City recovery Ltd 1997 Clarke v Chief Constable, West Midlands Police 2001 Every care is taken to ensure that all cross references to other policies, procedures and guidance notes of Cumbria Constabulary is as up to date and applicable as is possible. However, there may be occasions where policies are being reviewed or finalised, and an existing policy has not yet been amended to reflect this. Appendix 2 outlines the statutory fee charges as per the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges) Regulations 2008 Appendix 3 outlines Police vehicle recovery procedures. 4. MONITORING & REVIEWING The Equality Relevance and Impact Assessment is classed as Low The policy will be reviewed on a 3 year basis. Monitoring will be carried out by the Vehicle Recovery Scheme Administrators (FVRLOs) and by reviewing complaints by the nominated Inspector holding the portfolio for Vehicle Recoveries.