DVLA - Catching On ?

Driver and Vehicle Licensing Agency.

Re: DVLA - Catching On ?

Postby 1965freeman » Thu Jul 02, 2009 9:24 am

It would seem that the DVLA may be correct in their insistance that they hold NO ownership rights over the car.(although I am not conviced as yet).

In order for the police to be able to seize your car under section 165a, they simply change the definition of the word 'owner' as shown below, to include 'the keeper'.They do not have to claim to be 'the owner' as they have given themselves the power to take it from you anyway.

So it would appear that our argument regarding the right NOT to have your (undisputedly - by their reasoning) private property taken away with no good reason should be directed to the Secretary of State as he is the one responsible for amending these rules.
The issue of whether or not your car is 'owned' by the DVLA becomes irrelevant. EXCEPT in the case, perhaps, where your car is NOT registered on their database. i.e. If its not registered normally with the DVLA, does section 165a still apply to the car?
Perhaps a couple of FOI's regarding the apparent conflict in the definition of the word 'owner' by the DVLA and the road traffic act 1988/2005 are in order.-Especially as the 'person' responsible for administrating both sets of 'rules' is "The Secretary of State" (i.e. the same guy!)
Again, the conflict seems to be between common law/human rights law regarding 'your property' and this Act. NOT with the DVLA.



I QUOTE:

The Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005

Made 13th June 2005
Laid before Parliament 15th June 2005
Coming into force 6th July 2005

Interpretation
2. In these Regulations—

"the 1988 Act" means the Road Traffic Act 1988;
"the 1994 Act" means the Vehicle Excise and Registration Act 1994[2];
"authorised person" means a constable or such other person authorised by the chief officer under regulation 3(1);
"certificate of insurance" is to be construed in accordance with sections 147(1) and 161(2) of the 1988 Act;
"GB registration mark" means a registration mark issued in relation to a vehicle under the 1994 Act;

"owner" includes—
(a) the person by whom, according to the records maintained by the Secretary of State in connection with any functions exercisable by him by virtue of the 1994 Act, the vehicle is kept and used;

As a footnote: I was actually shooting a series of 'traffic cops' for the BBC when this legislation (sect. 165) was made 'live'.All the police were somewhat nervous of being the first officer to seize a car using these 'powers'and many 'calls back to base' were made before they excercised the 'right to seize' at the roadside. They were pleased to be given these 'powers' as they said it would help to greatly reduce the number of 'pool' cars on the road (ie cars not apparently 'owned' by a single individual, but simply 'shared' around between groups of 'boy racers'.)
"Come to the edge, he said. They said: We are afraid. Come to the edge, he said. They came. He pushed them and they flew.” (G.Apollinaire)
I do not offer legal advice, I offer common sense suggestions based on shared knowledge.
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1965freeman
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