Road Traffic Act 1968

Removal of vehicles abandoned or unlawfully parked.

63

63.The following section is hereby substituted for section 97 of the Principal Act:

“Removal of vehicles abandoned or unlawfully parked.

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 this Act 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.”