Can the police seize my vehicle in England and Wales?

The police have a number of statutory powers that allow them to seize motor vehicles in different circumstances. The most commonly used power relates to driving without insurance or a valid driving licence.

Under section 165A of the Road Traffic Act 1988, a constable in uniform may seize a vehicle if the driver fails to produce evidence of insurance and the constable has reasonable grounds to believe the vehicle is being driven without insurance. The same power applies where the driver does not hold a valid driving licence for the class of vehicle being driven. The vehicle is impounded and can be recovered on payment of a fee and production of valid insurance and a licence, but if not recovered within 14 days it can be destroyed or sold. This power is widely used and results in tens of thousands of vehicle seizures each year.

Section 59 of the Police Reform Act 2002 allows the police to seize a vehicle that is being used in a manner which causes alarm, distress, or annoyance to members of the public. This is the anti-social use power, commonly used for dangerous or inconsiderate driving on housing estates, car parks, or other areas. Until recently the officer first had to warn the person that the vehicle would be seized if the behaviour continued, unless it was impracticable to give a warning. Section 8 of the Crime and Policing Act 2026, in force from 29 June 2026, removed that requirement by repealing subsections (4) and (5) of section 59: the police can now seize a vehicle under this power without giving a prior warning. The former warning rule still applies to any use of a vehicle before 29 June 2026. The vehicle can be held for 14 days.

Under the general seizure powers in section 19 of PACE, police can seize any vehicle they have reasonable grounds to believe is evidence of an offence or has been obtained in consequence of an offence. This is a broad power used in criminal investigations: for example, a vehicle used in a robbery or which is itself stolen. Vehicles seized under PACE may be held for as long as necessary for the investigation and any subsequent proceedings.

The DVLA also has separate powers under the Vehicle Excise and Registration Act 1994 (as amended) to clamp and remove untaxed vehicles from public roads. While this is technically a DVLA rather than police power, the police sometimes assist in joint enforcement operations. An untaxed vehicle can be clamped and impounded with a release fee, or crushed if not claimed.

If your vehicle is seized, you should be given a written notice explaining the grounds for the seizure and how to recover the vehicle. If you believe the seizure was unlawful, you can challenge it through the police complaints process or, where appropriate, by applying to a court for the return of your property.

Key Points

• Section 165A of the Road Traffic Act allows seizure if you drive without valid insurance or a driving licence
• Section 59 of the Police Reform Act allows seizure for anti-social use of a vehicle
• Section 19 of PACE allows seizure of any vehicle believed to be evidence of a crime
• Vehicles seized under s.165A must be recovered within 14 days or they can be destroyed or sold
• The DVLA can clamp and remove untaxed vehicles from public roads
• Since 29 June 2026 no prior warning is required before seizure under section 59: the Crime and Policing Act 2026 removed the warning requirement
• You should receive a written notice explaining the grounds for seizure and how to recover your vehicle
• You can challenge an unlawful seizure through the police complaints process or the courts