Road Traffic Act 1991

67 Recovery of vehicles or of proceeds of disposal.E+W+S

(1)Section 101 of the M1Road Traffic Regulation Act 1984 shall be amended as follows.

(2)In subsection (1) for “(5)” there shall be substituted “ (5A) ”.

(3)In subsection (4) after the words “before a vehicle” there shall be inserted the words “ found outside Greater London ”.

(4)After that subsection there shall be inserted—

(4A)If, before a vehicle found in Greater London is disposed of by an authority in pursuance of subsections (1) to (3) above, the vehicle is claimed by a person who satisfies the authority that he is its owner and pays—

(a)any penalty charge payable in respect of the parking of the vehicle in the place from which it was removed; and

(b)such sums in respect of the removal and storage of the vehicle—

(i)as the authority may require; or

(ii)in the case of sums payable to a competent authority which is not a local authority, as may be prescribed,

the authority shall permit him to remove the vehicle from their custody within such period as they may specify or, where paragraph (b)(ii) applies, as may be prescribed.

(5)In subsection (5) after the words “which a vehicle” there shall be inserted the words “ found outside Greater London ”.

(6)After that subsection there shall be inserted—

(5A)If, before the end of the period of one year beginning with the date on which a vehicle found in Greater London is sold by an authority in pursuance of this section, any person satisfies that authority that at the time of the sale he was the owner of the vehicle, that authority shall pay him any sum by which the proceeds of sale exceed the aggregate of—

(a)any penalty charge payable in respect of the parking of the vehicle in the place from which it was removed; and

(b)such sums in respect of the removal, storage and disposal of the vehicle—

(i)as the authority may require; or

(ii)in the case of sums payable to a competent authority which is not a local authority, as may be prescribed.

(7)In subsection (6) for the words “and (5)” there shall be substituted the words “ to (5A) ”.

Modifications etc. (not altering text)

C1S. 67 excluded (5.7.1993) by 1993/1461, art. 6(2)

S. 67 modified (5.7.1993) by S.I. 1993/1461, art. 4(2)

S. 67 excluded (10.9.1993) by S.I. 1993/2229, art. 6(2)

S. 67 excluded (6.12.1993) by S.I. 1993/2803, art. 5(2)

S. 67 excluded (31.1.1994) by S.I. 1993/3238, art. 5(2) (as amended (18.1.1994) by S.I. 1994/81, art. 2)

S. 67 excluded (18.1.1994) by S.I. 1994/81, art. 6(2)

S. 67 excluded (3.6.1994) by S.I. 1994/1482, art. 5(2)

Commencement Information

I1S. 67 partly in force; s. 67 not in force at Royal Assent see s. 84(1); s. 67(4)(6) in force for specified purposes only and s. 67(1)-(3),(5) and (7) wholly in force at 5.7.1993 by S.I. 1993/1461, art. 4(1); s. 67(4)(6) in force for specified purposes: at 10.9.1993 by S.I. 1993/2229, art. 4; at 6.12.1993 by S.I. 1993/2803, art. 3; at 31.1.1994 by S.I. 1993/3238, art. 3 (as amended (18.1.1994) by S.I. 1994/81, art. 2); at 5.4.1994 by S.I. 1994/81, art. 4; at 4.7.1994 by S.I. 1994/1482, art. 3, Sch.; s. 67(4) in force at 10.4.1998 to the extent not already in force by S.I. 1998/967, arts. 1(2), 2(2)(a)

Marginal Citations