The powers library41 of 59 Road policing

Seizure of vehicles driven without a licence or insurance

s.165ARoad Traffic Act 1988

Lets a uniformed constable seize and remove a motor vehicle when the driver fails to produce a licence or evidence of insurance, or fails to stop, and the constable reasonably believes it is or was being driven without a licence or insurance.

Seizure of vehicles driven without a licence or insurance · Road Traffic Act 1988, s.165ACard 41 / 59

When you can use it

First condition, s.165A(2)A constable in uniform requires the person to produce their licence under s.164
The person fails to produce it, and the constable has reasonable grounds for believing the vehicle is or was being driven by them otherwise than in accordance with a licence (s.87(1))
Second condition, s.165A(3)A constable in uniform requires evidence of insurance under s.165
The person fails to produce it, and the constable has reasonable grounds for believing the vehicle is or was being driven uninsured (s.143)
Third condition, s.165A(4)A constable in uniform requires the driver to stop under s.163
The driver fails to stop, or to stop long enough for enquiries, and the constable has reasonable grounds for believing the vehicle is or was being driven in breach of s.87(1) or s.143
s.165A(6)Before seizing, warn the person that the vehicle will be seized unless the licence or insurance evidence is produced immediately (not needed if impracticable)

What it allows

Seizing the motor vehicle and removing it (s.165A(5)(a)).
Entering any premises other than a private dwelling house where the constable has reasonable grounds for believing the vehicle to be, to seize it (s.165A(5)(b)).
Using reasonable force, if necessary, to seize or enter (s.165A(5)(c)).
If the vehicle cannot be seized at once because the driver failed to stop or drove off, it may be seized within 24 hours of the condition first being met (s.165A(7)).

Key definitions

Motor vehicle – s.165A(9)(a): does not include an invalid carriage.
Evidence of insurance – s.165A(9)(b): the certificate of insurance or other evidence within s.165(2)(a).
Licence – s.165A(9)(c): has the same meaning as in s.164.
Private dwelling house – s.165A(9)(d): does not include a garage or other structure occupied with the house, or land belonging to it. These can be entered.

Safeguards

The warning under s.165A(6) must be given before seizure unless the circumstances make it impracticable.
The constable must give the driver a seizure notice on seizing the vehicle, unless impracticable. The police must also take reasonably practicable steps to give one to the registered keeper and owner.
The notice gives at least 7 days from the day it is given to claim the vehicle (7 working days for vehicles seized before 22 July 2026). The keeper or owner must produce a valid licence and insurance certificate (or nominate someone who can) and pay the charges.
The vehicle cannot be disposed of within 7 days of seizure (14 days for vehicles seized before 22 July 2026), or before the claim date in the notice. Retention and disposal are governed by regulations made under s.165B.

Good to know

The power only exists while s.165B regulations are in force (s.165A(8)). They are: the Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005, as amended (time limits shortened from 22 July 2026).
An owner who was not driving, did not know or consent, and could not reasonably have prevented the use is not liable for the charges.
The power covers licence and insurance only, not tax or MOT.
Exam trap: the requirement must be made by a constable in uniform. A garage or driveway can be entered, but not the house itself.

Legislation: Road Traffic Act 1988, s.165A (opens legislation.gov.uk in a new tab)
Who can use it: A constable in uniform
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Seizure of vehicles driven without a licence or insurance: questions people ask

When can the police use seizure of vehicles driven without a licence or insurance?

1. A constable in uniform requires the person to produce their licence under s.164 2. The person fails to produce it, and the constable has reasonable grounds for believing the vehicle is or was being driven by them otherwise than in accordance with a licence (s.87(1)) 3. A constable in uniform requires evidence of insurance under s.165 4. The person fails to produce it, and the constable has reasonable grounds for believing the vehicle is or was being driven uninsured (s.143) 5. A constable in uniform requires the driver to stop under s.163 6. The driver fails to stop, or to stop long enough for enquiries, and the constable has reasonable grounds for believing the vehicle is or was being driven in breach of s.87(1) or s.143 7. Before seizing, warn the person that the vehicle will be seized unless the licence or insurance evidence is produced immediately (not needed if impracticable)

Who can use seizure of vehicles driven without a licence or insurance?

A constable in uniform.

What law gives the power for seizure of vehicles driven without a licence or insurance?

Road Traffic Act 1988, s.165A.

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