“Detention of Property
3.Where a person has reason to believe that a vehicle is being, or has been, used on a road in contravention of section 1 of the 2010 Act, the authorised person may detain the vehicle and its contents.”20. Regulation 9 of the 2012 Regulations, states that the “owner” of a vehicle detained under Regulation 3 may apply for the return of the vehicle, within the period specified in Regulation 8(2), namely 21 days from the publication of the notice of detention in the Belfast Gazette. The grounds on which an application for the return of a detained vehicle may be made are set out in Regulation 4 of the 2012 Regulations as follows:
- DECISION OF THE UPPER TRIBUNAL
- Cases referred to
- REASONS FOR DECISION
- Background facts
- The appeal
- The Approach of the Upper Tribunal
- Bradley Fold Travel Ltd & Peter Wright v Secretary of State for Transport
- Legislation
- “Operators' licences
- “Detention of Property
- “Release of Detained Vehicles”
- Discussion
- Conclusion
- Member of the Upper Tribunal