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The Road Traffic Regulation (Northern Ireland) Order 1997

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Commencement Orders bringing legislation that affects this Order into force:

Power of Department to remove vehiclesN.I.

49.—(1) This paragraph applies to a vehicle (other than a vehicle which a district council is under a duty to remove under Article 30 of the [1978 NI 19.] Pollution Control and Local Government (Northern Ireland) Order 1978) which—

(a)appears to the Department to have broken down on a public road and to have been abandoned; or

(b)has been permitted to remain at rest on a public road in such a position or in such condition or in such circumstances as to appear to the Department to have been abandoned.

(2) The Department may remove a vehicle to which paragraph (1) applies to a place which is not on any road.

(3) The Department may remove a vehicle under paragraph (2) in such manner as it thinks necessary and may take such measures in relation to the vehicle as it thinks necessary to enable the vehicle to be removed.

(4) Where—

(a)the Department proposes to remove a vehicle under paragraph (2); and

(b)the Department considers that the vehicle is in such a condition that it ought to be destroyed,

the Department shall affix to the vehicle a notice stating that the Department proposes to remove the vehicle after a period of seven days for destruction.

(5) Any vehicle removed by the Department under paragraph (2) and appearing to the Department to have been abandoned may be delivered to a district council with its consent.

(6) While a vehicle is in the custody of the Department under this Article, not being a vehicle which in the opinion of the Department is in such a condition that it ought to be destroyed, the Department shall take such steps as are reasonably necessary for the safe custody of the vehicle.

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