The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations permit uniformed traffic officers to remove, or require the removal of, vehicles that have become stationary in certain circumstances, from motorways (other than certain lengths of the M4 and M48) and trunk roads in England and from roads in the vicinity of, or land adjacent to, such roads.

Regulations 3, 5 and Schedule 1 enable a traffic officer to require the owner, driver or other person in control or in charge of a vehicle that has broken down or been permitted to remain at rest and which is causing an obstruction, is likely to cause danger to others or is in contravention of certain statutory restrictions or prohibitions, to move the vehicle or have it moved.

Regulations 4 and 6 enable a traffic officer to remove or arrange for the removal of such vehicles as well as vehicles that appear to have been abandoned.

Regulation 7 imposes a number of restrictions on the exercise of the powers contained in regulations 5 and 6.

Regulation 8 enables a traffic officer to remove, or arrange for the removal of, any vehicle that appears to have been abandoned on any land in the open air which is adjacent to the motorways and trunk roads referred to in the opening paragraph.

Regulations 9, 10 and Schedule 2 prescribe the manner of giving notice to the occupier of such land that a traffic officer proposes to remove an abandoned vehicle and the manner in which and period within which that occupier may object.

Regulation 11 makes provision as to the method of removing vehicles.

Regulation 12 contains definitions for the purposes of Part 3 and regulation 13 makes consequential amendments to sections 100 to 102 of the Road Traffic Regulation Act 1984.

Regulation 14 sets out the steps to be taken to find the owner of an abandoned vehicle.

Regulation 15 provides for a notice to be sent to the apparent owner of a vehicle requiring its removal from the Secretary of State’s custody and the manner in which that notice is to be served. Where such a notice has been given, regulation 16 prescribes the period of seven days from the day of service as being the period during which the owner may remove the vehicle before it can be disposed of.

Regulation 17 sets out the information that must be given about the disposal of different types of vehicle and the persons to whom that information must be given.

Regulation 18 provides that where a vehicle has not been disposed of and a person pays the relevant charges and satisfies the Secretary of State that he is the owner of the vehicle, that person may remove the vehicle from the Secretary of State’s custody within seven days of the latter becoming so satisfied.

Charges that will relate to the removal, storage and disposal of vehicles will be the same as those prescribed in the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges) Regulations 2008 (S.I.2008/2095).

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Highways Agency, (telephone: [phone]) and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website. Both the Explanatory Memorandum and the assessment may also be found by visiting the Highways Agency’s website at www.highways.gov.uk