Desist from impounding vehicles that cross red light or without valid insurance certificate – Dame tells IGP

The Attorney-General and Minister of Justice, Godfred Yeboah Dame has advised the Inspector General of Police, George Akufo-Dampare to direct Police officers to desist from impounding vehicles whose drivers engage in misdemeanors.

According to Mr Dame, crossing the red light and driving without valid insurance certificate are offences for which the offending vehicles should not be impounded.

“An application of the road traffic regulations, particularly Regulation 158 requires fairness, candour and reasonableness. The impounding of a vehicle is not necessary for proof of a violation of any of the rules contained in Regulation 158 or indeed, most of the provisions in L. I. 2180. Thus, a position that the vehicle is required to be “used as an exhibit” in court is untenable and unreasonable,” the Attorney-General wrote in a letter dated 9th February, 2024 to the Inspector General of Police.

He continued, “As Attorney-General and the principal legal adviser to the Government, I advise that police officers should desist from the impounding or prohibition of the use of a motor vehicle for minor offences such as an alleged violation of any of the rules of the road contained in Regulation 106, and other provisions pertaining to crossing the red light or driving a vehicle without a valid insurance certificate. etc.

Mr Dame explained that the practice has resulted in needless cost to the state with potential to cause judgment debts.

“An unreasonable exercise of discretion or a failure to adhere to the advice herein has the tendency to result in unnecessary suits against the Government, occasioning needless expense and potentially avoidable judgment debts. The Office of the Attorney-General is already inundated with many suits arising from wrongful exercise of discretion and negligence by police officers. Further, it ought to be noted that responsibility for maintaining the condition of an impounded vehicle shifts from the owner of the vehicle to the State. Impounded vehicles are exposed to the risks of deterioration and theft of essential parts,” Mr Dame explained

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