Power to search and seize vehicles etc EPA 1990 s. 34B
EPA 1990 s.34B: search & seize vehicles for waste & permitting offences; stop, enter, demand info. Obstruction/false info fine level 5.
34B This section applies where an authorised officer of an enforcement authority or a constable reasonably believes that the grounds in subsection (2) or (3) below exist. The grounds in this subsection are that— a relevant offence has been committed , or an offence under regulation 38(1) or (2) of the Environmental Permitting Regulations has been committed in relation to a waste operation a vehicle was used in the commission of the offence, and proceedings for the offence have not yet been brought against any person. The grounds in this subsection are that— a relevant offence is being or is about to be committed, or an offence under regulation 38(1) or (2) of the Environmental Permitting Regulations is being or is about to be committed in relation to a waste operation, and a vehicle is being or is about to be used in the commission of the offence. The authorised officer or constable may— search the vehicle; seize the vehicle and any of its contents. In acting under subsection (4) above the authorised officer or constable may— stop the vehicle (but only a constable in uniform may stop a vehicle on any road); enter any premises for the purpose of searching or seizing the vehicle. A vehicle or its contents seized under subsection (4) above— by an authorised officer of an enforcement authority, are seized on behalf of that authority; by a constable in the presence of or at the request of an authorised officer of an enforcement authority, are seized on behalf of that authority; by a constable in any other case , are seized on behalf of the waste collection authority in whose area the seizure takes place. A person commits an offence if— he fails without reasonable excuse to give any assistance that an authorised officer or constable may reasonably request in the exercise of a power under subsection (4) or (5) above; he otherwise intentionally obstructs an authorised officer or constable in exercising that power. Where an authorised officer or constable has stopped a vehicle under subsection (5)(a) above, he may require any occupant of the vehicle to give him— the occupant's name and address; the name and address of the registered owner of the vehicle; any other information he may reasonably request. A person commits an offence if— he fails without reasonable excuse to comply with a requirement under subsection (8) above; he gives information required under that subsection that is— to his knowledge false or misleading in a material way, or given recklessly and is false or misleading in a material way. A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale. In this section and section 34C below— “ authorised officer ” means an officer of an enforcement authority who is authorised in writing by the authority for the purposes of this section; “ enforcement authority ” means— the Environment Agency, ... the Natural Resources Body for Wales, or a waste collection authority; “ relevant offence ” means— an offence under section 33 above, or an offence under section 34 above consisting of a failure to comply with the duty imposed by subsection (1) of that section; “ road ” has the same meaning as in the Road Traffic Regulation Act 1984; “ vehicle ” means any motor vehicle or trailer within the meaning of that Act or any mobile plant.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section empowers authorised officers (from the Environment Agency, Natural Resources Body for Wales, or a waste collection authority) and constables to search and seize vehicles if they reasonably believe that a waste offence under section 33 (unlawful deposit) or section 34 (duty of care) or an offence under regulation 38(1) or (2) of the Environmental Permitting Regulations has been committed, is being committed, or is about to be committed, and the vehicle was, is, or will be used in that offence. Proceedings for past offences must not yet have been brought.
The officer or constable may stop the vehicle (only a constable in uniform may stop it on a road), enter premises to search or seize it, and require any occupant to give their name, address, the registered owner's name and address, and any other reasonably requested information. A person commits an offence if they fail without reasonable excuse to assist or intentionally obstruct, or if they give false or misleading information. The penalty is a fine up to level 5 on the standard scale.
"Authorised officer" means an officer of an enforcement authority authorised in writing. "Enforcement authority" includes the Environment Agency, Natural Resources Body for Wales, or a waste collection authority. "Relevant offence" means an offence under section 33 or a failure to comply with the duty under section 34(1). "Vehicle" means any motor vehicle or trailer (as defined in the Road Traffic Regulation Act 1984) or any mobile plant. Seized vehicles are held on behalf of the enforcement authority or the waste collection authority depending on who seizes them.
When it applies
- A waste removal company uses a van to illegally dump construction waste on private land.
- An officer observes a lorry leaving a landfill site without a permit and suspects it is carrying hazardous waste.
- A constable stops a car on a road when the driver is seen throwing rubbish from the window.
- A driver refuses to provide his name when asked by an officer who suspects the vehicle was used in fly-tipping.
- An officer enters a farmyard to seize a trailer used in repeated waste burning offences.
What this section does not say
- This section does not govern the seizure of vehicles for non-waste related crimes such as theft or drug trafficking.
- It does not give officers the power to arrest individuals or search persons.
- It does not apply to vehicles that are not motor vehicles or trailers under the Road Traffic Regulation Act, such as bicycles or horse-drawn carts.
- It does not allow seizure solely for unpaid fines or traffic violations.
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This page reproduces the text of EPA 1990 s. 34B in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.