Vehicle seizures
We have the statutory power to seize any vehicle. This includes any -
- trailer
- mobile plant
and contents where it has been used to commit certain waste related crimes.
These powers are contained in The Control of Waste (Dealing with Seized Property) (England and Wales) Regulations 2015. It sets out the steps that must be taken to -
- seize
- store
- dispose
of any vehicle where it has, or it has believed to have been used in certain offences.
We will only seize a vehicle if this is the only way we can investigate a waste crime. Examples of this include where it is –
- used to illegally dump rubbish for example fly tipping
- driven by someone who is not an authorised person. They are commonly referred to as a registered waste carrier
- involved with an offence on land holding an environmental permit or exemption from such requirements
- involved with an offence that relates to the legal obligations imposed on waste holders duty of care. For example, failure to prevent others from fly tipping wastes. Or it can be used to transfer wastes to someone who is not an authorised person
Information about authorised persons is available through the environment agency.
Any vehicles seized by the council will be held for 15 working days whilst being investigated. The council notification of any action taken to this effect is notified to Humberside Police. The vehicle's registered keeper will be notified if applicable.
If any seized vehicle is deemed to be polluting the environment or risking harm to human health, a decision may be taken to immediately dispose of the vehicle. A record of this decision will be made.
Any vehicles seized under the Control of Waste (Dealing with Seized Property) (England and Wales) Regulations 2015 will be published by us on the next page.
Where a prosecution has been started, the council may retain the vehicle for the duration of the prosecution. A magistrate will decide whether the vehicle is to be returned to its owner, or surrendered for sale or destruction.