Search Legislation

Traffic Management Act 2004

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Traffic Management Act 2004, Section 3. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

This section has no associated Explanatory Notes

3(1)In section 101 of the Road Traffic Regulation Act 1984 (disposal of vehicles removed under that Act)—E+W

(a)in subsection (1) (power of competent authority to dispose of vehicle) for “Subject to subsections (3) to (5A) below” substitute “ Subject to subsection (3) and section 101A below ”;

(b)omit subsections (4) to (6) (right of owner to recover vehicle or proceeds of sale).

(2)After that section insert—

Right of owner to recover vehicle or proceeds of saleE+W

101A(1)If before a vehicle is disposed of by an authority under section 101 above it is claimed by a person who—

(a)satisfies the authority that he is its owner, and

(b)pays the relevant charges,

the authority shall permit him to remove the vehicle from their custody within such period as they may specify or, in the case of an authority other than a local authority, as may be prescribed.

(2)If before the end of the period of one year beginning with the date on which a vehicle is sold by an authority under section 101 above a person satisfies the authority that at the time of the sale he was the owner of the vehicle, the authority shall pay him any sum by which the proceeds of sale exceed the amount of the relevant charges.

(3)In the case of a vehicle found in an area that is a civil enforcement area for parking contraventions, the relevant charges are—

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

(b)such unpaid earlier penalty charges relating to the vehicle as may be prescribed, and

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

(i)as the authority may require in accordance with Schedule 9 of the Traffic Management Act 2004, or

(ii)in the case of an authority other than a local authority, as may be prescribed.

(4)In any other case the relevant charges are such sums in respect of the removal and storage of the vehicle as may be prescribed.

(5)If in the case of any vehicle it appears to the authority in question that more than one person is or was its owner at the relevant time, such one of them as the authority think fit shall be treated as its owner for the purposes of this section.

(6)In this section—

  • civil enforcement area for parking contraventions” and “penalty charge” have the same meaning as in Part 6 of the Traffic Management Act 2004; and

  • owner” has the same meaning as in section 101 above.

Representations and appealsE+W

101B(1)The Lord Chancellor may make regulations entitling a person who in the case of a vehicle found in an area that is a civil enforcement area for parking contraventions—

(a)is required to pay an amount on recovering the vehicle under section 101A(1), or

(b)receives a sum in respect of the vehicle under section 101A(2) or is informed that the proceeds of sale did not exceed the aggregate amount mentioned in that provision,

to make representations to the authority concerned and to appeal to an adjudicator if his representations are not accepted.

(2)The regulations may make such provision in connection with the rights conferred as appears to the Lord Chancellor to be appropriate, and may in particular make provision—

(a)requiring the authority to give a person notice of the rights conferred by the regulations,

(b)as to the grounds on which, and time within which, representations may be made;

(c)requiring supporting evidence in such circumstances as may be specified;

(d)as to the duties of the authority when representations are received;

(e)as to the circumstances in which there is a right of appeal to an adjudicator,

(f)generally as to the making, determination and effect of, and procedure in connection with, such appeals, and

(g)enabling an adjudicator to review any decision made on, or in the course of, an appeal.

(3)The regulations may include provision authorising an adjudicator to require a person—

(a)to attend to give evidence at the hearing of an appeal, and

(b)to produce any documents in his custody or under his control relating to any matter relevant for the purposes of the appeal,

and making it a criminal offence triable summarily and punishable with a fine not exceeding level 2 on the standard scale to fail to comply with such a requirement.

(4)The regulations may include provision authorising an adjudicator to make an order for the payment of costs and expenses by a party to an appeal in such circumstances as may be specified.

(5)The functions of adjudicators under this section shall be discharged by the persons appointed as adjudicators for the purposes of Part 6 of the Traffic Management Act 2004 (civil enforcement of road traffic contraventions) and any arrangements made for the discharge of their functions under that Part also have effect for the purposes of this section..

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1Sch. 11 para. 3 in force at 23.7.2007 for specified purposes for E. by S.I. 2007/2053, arts. 1(2), 2(1), 2(2)(i) (with art. 4) (as amended (17.3.2008) by S.I. 2008/757, art. 3)

I2Sch. 11 para. 3 in force at 31.3.2008 for E. in so far as not already in force by S.I. 2007/2053, arts. 1(2), 3(1)(2)(g) (with arts. 5-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3, 5)

I3Sch. 11 para. 3 in force at 31.3.2008 for W. by S.I. 2007/3174, art. 2, Sch.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources