Section 59 of the Police Reform Act 2002 provides the power to seize a vehicle if a warning is ignored.
For the purpose of the act, anti-social driving is defined as –Driving without due care and attention or reasonable consideration (sect. 3 of the Road Traffic Act 1988).
Driving off-road (sect. 34 of the Road Traffic Act 1988).
Which is causing, or likely to cause alarm distress or annoyance to the public.
A warning must first be issued.
The warning lasts for one year and applies to both the vehicle and the person.
If the vehicle is driven in an anti-social manner again, by any person or if the person first issued with the warning drives another vehicle in an anti-social manner, it can be seized.
If a person drives anti-socially, as per the definition, they are committing an offence – either driving without due care and attention or reasonable consideration contrary to sect. 3, or driving off-road, contrary to sect. 34 of the Road Traffic Act 1988.
Alongside the use of this power, the driver should be dealt with for the relevant offence.
If the person’s driving does not amount to an offence under sect. 3 or sect. 34 of the Road Traffic Act 1988, then the power cannot be used.