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The Traffic Management (Northern Ireland) Order 2005

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This is the original version (as it was originally made).

Removal of vehicles by the Department

This section has no associated Explanatory Memorandum

21.—(1) The Department may remove to another place a stationary vehicle on a public road or in a parking place if—

(a)a traffic attendant has fixed a penalty charge notice to the vehicle; or

(b)an amount is recoverable from the owner of the vehicle under Article 15 and prescribed conditions are satisfied.

(2) The Department may remove a vehicle under paragraph (1) 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.

(3) The power of removal conferred by paragraph (1) in relation to a vehicle before it was moved shall continue to be exercisable in relation to the vehicle while it remains in the place to which it was moved.

(4) The Department shall take such steps as are reasonably necessary for the safe custody of a vehicle which is removed under paragraph (1) to a place which is not on a public road.

(5) Paragraph (4) shall not apply if in the opinion of the Department the vehicle is in such a condition that it ought to be destroyed.

(6) The power of removal conferred by paragraph (1) in relation to a vehicle includes power to remove from the vehicle any of its contents where—

(a)it is reasonable to do so to facilitate the removal of the vehicle;

(b)there is good reason for storing them at a different place from the vehicle; or

(c)their condition requires them to be disposed of without delay.

(7) A person who intentionally obstructs or impedes, or assists another person to obstruct or impede, the removal of a vehicle under this Article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8) It shall be the duty of the Department to prescribe conditions for the purposes of paragraph (1)(b).

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