Part VIIIE+W+S Control and Enforcement

Removal or immobilisation of vehiclesE+W+S

99 Removal of vehicles illegally, obstructively or dangerously parked, or abandoned or broken down.E+W+S

(1)The Secretary of State may by regulations make provision for the removal of vehicles which have been permitted to remain at rest—

(a)on a road [F1or other land] in contravention of any statutory prohibition or restriction, or

(b)on a road [F2or other land] in such a position or in such condition or in such circumstances as to cause obstruction to other persons using the road [F3or land concerned] or as to be likely to cause danger to such persons, or

(c)on a road [F4, or on any land in the open air,[F4or other land]] in such a position or in such condition or in such circumstances as to appear, to an authority empowered by the regulations to remove such vehicles, to have been abandoned without lawful authority,

or which have broken down on a road [F5or other land].

(2)Regulations under this section—

(a)may provide, in the case of a vehicle which may be removed from a road [F6or on land other than a road], for the moving of the vehicle from one position on a road to another position on that or another road;

[F7(aa)may provide, in the case of a vehicle which may be removed from land other than a road, for the moving of the vehicle from one position on such land to another position on such land or on any road;]

(b)may provide for repealing byelaws dealing with the same subject-matter as the regulations, and for suspending, while the regulations remain in force, any power of making such byelaws; F8 . . .

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where it appears to an authority which (apart from this subsection” is empowered to remove a vehicle in pursuance of regulations under this section that the vehicle is on land [F9other than a road] which is occupied by any person, the authority shall give him notice in the prescribed manner that they propose to remove the vehicle in pursuance of the regulations, and shall not be entitled to remove it if he objects to the proposal in the prescribed manner and within the prescribed period.

F10(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In this section “vehicle” means any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle.

F11 [( 6 )For the purposes of this section, the suspension under section 13A or 49 of this Act of the use of a parking place is a restriction imposed under this Act.]

Textual Amendments

F1Words in s. 99(1)(a) inserted (E.W.) (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 55(2)(a), 120 (with s. 97); S.I. 2012/2075, art. 3(b)

F2Words in s. 99(1)(b) inserted (E.W.) (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 55(2)(b)(i), 120 (with s. 97); S.I. 2012/2075, art. 3(b)

F3Words in s. 99(1)(b) inserted (E.W.) (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 55(2)(b)(ii), 120 (with s. 97); S.I. 2012/2075, art. 3(b)

F4Words in s. 99(1)(c) substituted (E.W.) (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 55(2)(c), 120 (with s. 97); S.I. 2012/2075, art. 3(b)

F5Words in s. 99(1) inserted (E.W.) (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 55(2)(d), 120 (with s. 97); S.I. 2012/2075, art. 3(b)

F6Words in s. 99(2)(a) inserted (E.W.) (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 55(3)(a), 120 (with s. 97); S.I. 2012/2075, art. 3(b)

F7S. 99(2)(aa) inserted (E.W.) (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 55(3)(b), 120 (with s. 97); S.I. 2012/2075, art. 3(b)

F8S. 99(2)(c) and the word "and" preceding it repealed (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch.8; S.I. 1991/2054, art. 3,Sch.

F9Words in s. 99(3) inserted (E.W.) (18.10.2005 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 15(2), 108; S.I. 2005/2896, art. 3(d) (with art. 5(1)); S.I. 2006/2797, art. 2(d) (with art. 9) (as amended by S.I. 2007/120, art. 3)

F10S. 99(4) repealed (E.W.) (18.10.2005 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 15(2), 108; S.I. 2005/2896, art. 3(d) (with art. 5(1)); S.I. 2006/2797, art. 2(d) (with art. 9) (as amended by S.I. 2007/120, art. 3)

Modifications etc. (not altering text)

C1S. 99 extended by Airports Act 1986 (c. 31, SIF 9), s. 66(3)

S. 99 extended (E.W.) (4.10.2004 for E. and 1.5.2009 for W.) by The Traffic Management Act 2004 (c. 18), ss. 9, 99 (with s. 38); S.I. 2004/2380, art. 2(a); S.I. 2009/1095, art. 2(a)

C2S. 99 modified (3.4.1996) by 1989 c. 4, s. 16D (as added by 1996 c. 7, s. 5)

S. 99 modified (19.2.2001) by 2000 c. 11, ss. 49(3)(a), 128; S.I. 2001/421, art. 2