Road Traffic Act 1961

F194 [ Removal of vehicles abandoned or unlawfully parked.

97

97. (1) The Minister may make regulations authorising and providing for the removal, storage and disposal of vehicles which

( a ) have been, or appear to have been, abandoned on a public road, or in a car park provided under section 101 of this Act, or

( b ) have been parked in contravention of F195 [ the Road Traffic Acts, 1961 to 1994 ] or of a regulation, bye-law or rule thereunder.

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1) of this section

( a ) specify the persons or classes of persons by or on whose authority vehicles may be removed, stored or disposed of,

( b ) authorise and provide for the recovery by persons referred to in paragraph (a) of this subsection from the owners of vehicles removed or stored of charges, in accordance with a prescribed scale, in respect of such removal or storage and for the disposition of moneys received in respect of such charges,

( c ) authorise and provide for the sale (or the disposal otherwise than by sale) by or on behalf of persons referred to in paragraph ( a ) of this subsection of vehicles removed or stored and provide for the disposition of moneys received in respect of such sale or other disposal.

(3) Regulations under this section may apply generally or in such circumstances as may be specified in such regulations and different regulations may be made for different circumstances.

(4) Notwithstanding any other provisions of this section, a vehicle removed under this section shall not be disposed of thereunder before the expiration of a period of six weeks from the date of the removal or two weeks after notice has been given in the prescribed manner, whichever is the longer.

(5) A person who obstructs or impedes, or assists another person to obstruct or impede, the removal of a vehicle under this section shall be guilty of an offence.

(6) No action shall lie in respect of anything done in good faith and without negligence in the course of the removal, storage or disposal of a vehicle under this section.

(7) For the purposes of this section vehicle shall include

( a ) a part of a vehicle,

( b ) an article designed as a vehicle but not at the time of removal capable of functioning as a vehicle,

( c ) a load on or in a vehicle. ]

Annotations

Amendments:

F194

Substituted (13.01.1971) by Road Traffic Act 1968 (25/1968), s. 63, S.I. No. 6 of 1971.

F195

Substituted (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(k).

F196

Substituted by Road Traffic Act 2002 (12/2002), s. 25(1), not commenced as of date of revision.

Modifications (not altering text):

C69

Prospective affecting provision: subs. (1)(b) substituted by Road Traffic Act 2002 (12/2002), s. 25(1), not commenced as of date of revision.

( b) have been parked in contravention of F196 [ this Act ] or of a regulation, bye-law or rule thereunder.

C70

Application of section restricted (1.07.1996) by Waste Management Act 1996 (10/1996), s. 71(4), S.I. No. 192 of 1996.

Abandoned vehicles.

71.— ...

(4) Without prejudice to the provisions of sections 55 (6) and 56, and notwithstanding the provisions of any regulations made under section 97 (inserted by section 63 of the Road Traffic Act, 1968) of the Road Traffic Act, 1961, a local authority may enter on any land upon which a vehicle has been abandoned and remove the said vehicle; a local authority shall not, other than with the consent of the occupier, enter into a private dwelling under this subsection unless it has given to the occupier of the dwelling not less than 24 hours notice in writing of its intended entry.

...

C71

Application of section not restricted (1.05.1983) by Road Traffic (Removal, Storage and Disposal of Vehicles) Regulations 1983 (S.I. No. 91 of 1983), reg. 8.

8. Subject to the provisions of subsection (4) of section 97 of the Act, a road authority or the Commissioner, as the case may be, may dispose of a vehicle which has been removed and stored in accordance with the provisions of these Regulations in any manner they or he think fit where the owner of the vehicle has not claimed it or has not paid the charges due in accordance with the provisions of article 7 of these Regulations.

Editorial Notes:

E857

Power pursuant to this section and s. 5 exercised (29.09.1998) by Road Traffic (Removal, Storage and Disposal of Vehicles) (Amendment) Regulations 1998 (S.I. No. 358 of 1998).

E858

Power pursuant to this section and s. 5 exercised (1.05.1983) by Road Traffic (Removal, Storage and Disposal of Vehicles) Regulations 1983 (S.I. No. 91 of 1983).

E859

Previous affecting provision: power pursuant to this section and s. 5 exercised (15.07.1991) by Road Traffic (Removal, Storage and Disposal of Vehicles) (Amendment) Regulations 1991 (S.I. No. 185 of 1991); revoked (29.09.1998) by Road Traffic (Removal, Storage and Disposal of Vehicles) (Amendment) Regulations 1998 (S.I. No. 358 of 1998), reg. 2.

E860

Previous affecting provision: power pursuant to this section and s. 5 exercised (30.01.1990) by Road Traffic (Removal, Storage and Disposal of Vehicles) (Amendment) Regulations 1990 (S.I. No. 24 of 1990); revoked (15.07.1991) by Road Traffic (Removal, Storage and Disposal of Vehicles) (Amendment) Regulations 1991 (S.I. No. 185 of 1991), reg. 3.

E861

Previous affecting provision: application of section not restricted (12.11.1986) by Dublin Transport Authority Act 1986 (15/1986), s. 34(5)(a), S.I. No. 357 of 1986; repealed (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34/1987), s. 13, commenced as per s. 15(5).

E862

Previous affecting provision: construction of section modified (12.11.1986) by Dublin Transport Authority Act 1986 (15/1986), s. 34(10)(a), S.I. No. 357 of 1986; repealed (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34/1987), s. 13, commenced as per s. 15(5).

E863

Previous affecting provision: provision made for ministerial approval of bye-laws made under section and prosecution of summary offence under section (12.11.1986) by Dublin Transport Authority Act 1986 (15/1986), ss. 50 and 53(5), S.I. No. 357 of 1986; repealed (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34/1987), s. 13, commenced as per s. 15(5).

E864

Previous affecting provision: power pursuant to this section and s. 5 exercised (28.03.1977) by Road Traffic (Removal, Storage and Disposal of Vehicles) (Amendment) Regulations 1977 (S.I. No. 95 of 1977); revoked (1.05.1983) by Road Traffic (Removal, Storage and Disposal of Vehicles) Regulations 1983 (S.I. No. 91 of 1983), reg. 3.

E865

Previous affecting provision: power pursuant to this section and s. 5 exercised and this section applied (13.01.1971) by Road Traffic (Removal, Storage and Disposal of Vehicles) Regulations 1971 (S.I. No. 5 of 1971); revoked (1.05.1983) by Road Traffic (Removal, Storage and Disposal of Vehicles) Regulations 1983 (S.I. No. 91 of 1983), reg. 3.