Remember, S165 must not be used as a ‘punishment’. If there is another driver present who is insured to drive the vehicle and they are fit to do so, they have the option of driving it.
When (and When Not) to Seize
Revoked till Test Pass (RTTP)
✅ Report and consider seizing the vehicle under S165a RTA 1988.
✅ Report for Summons to Court.
Where a driver has obtained six points during their probationary 2 years they must reapply to DVLA for a Provisional DL.
(If the driver is driving on a new provisional DL and following conditions—do not seize.)
If the driver has not reapplied to DVLA for a Provisional DL then they’re Driving Otherwise than in Accordance.
Disqual till Test Pass (DTTP)
✅ Consider seizing the vehicle under S165a RTA 1988.
✅ Report for Summons to Court.
Upon completion of Court Imposed Disqualification Period, a driver must reapply to DVLA for a Provisional DL and drive under provisional conditions until they pass another practical test.
If the driver is driving on a new provisional DL and following conditions—do not seize.
If the driver has not reapplied to DVLA for a Provisional DL, or if they are not driving in accordance to any provisional licence conditions, then they’re Driving Otherwise than in Accordance. Arrest/Report for Disqualified Driving.
Disqual till Extended Test Pass (DETP)
✅ Consider seizing the vehicle under S165a RTA 1988.
✅ Report for Summons to Court.
Upon completion of Court Imposed Disqualification Period, a driver must reapply to DVLA for a Provisional DL and drive under provisional conditions until they pass an extended practical test.
If the driver is driving on a new provisional DL and following conditions—do not seize.
If the driver has not reapplied to DVLA for a Provisional DL, or if they are not driving in accordance to any provisional licence conditions, then they’re Driving Otherwise than in Accordance. Arrest/Report for Disqualified Driving.
Revoked / Refused Q Marker Medical Revocation
❌ Do not seize the vehicle.
✅ Report for Summons to Court.
A driver loses their entitlement to drive five days after their licence is revoked.
Report for Summons only for Driving Otherwise than in Accordance after Medical Revocation. (Code RT88139 (not a ticket able offence, refer to PNLD)).
Revoked
❌ Do not report.
❌ Do not seize.
✅ Advise driver to contact DVLA as soon as possible.
Driver has failed to respond to letters sent by the DVLA. This is most likely for non-surrender. The licence will remain Revoked for 28 days after which it will become an Expired Substantive.
Expired Provisional
✅ Consider seizing the vehicle under S165a RTA 1988.
✅ Report for Summons to Court.
Driver has no entitlement to drive.
If the driver is following Provisional Licence Conditions, report using code RT88507. If the driver is not following Provisional Licence Conditions report using code RT88334.
Expired Substantive
✅ Consider seizing the vehicle under S165a RTA 1988.
✅ Report for Summons to Court.
Driver has no entitlement to drive. Report using code RT88507.
Section 88 RTA
❌ Do not seize the vehicle.
✅ Conduct further enquiries with DVLA.
Driver states current medical application with DVLA.
Contact DVLA Liaison Officer for clarification. Driver may have temporary entitlement to drive. They may be in possession of a letter from DVLA covering this.
Contact a DVLA Liaison Officer for clarification. If one cannot be contacted report driver for suspected offence(s) and conduct slow time enquiries with DVLA Liaison officer.
Legislation
Section 165A of the Road Traffic Act 1988 legislation provides for the seizure of motor vehicles that are either uninsured and/or are driven by unlicenced drivers.
The uninsured / unlicensed driver should still be reported for the offence.
Driving Without Insurance—the Consequences
- A £300 fixed penalty and 6 points on your licence
- A £20–per day storage charge and a £150 fee to recover the car
- A crushed car if it’s not reclaimed within 14 days
- Risk of losing your car if it’s seized by the police
- PLUS: you’ll need valid insurance to get your car back