Removal of vehiclesE+W+S
46.—(1) If a vehicle waiting, loading, unloading or breaking down on the new bridge or the new bridge approaches—
(a)causes any obstruction or hazard;
(b)prevents the opening of the new bridge; or
(c)causes, or is likely to cause, material detriment—
(i)to the efficient and effective operation of the new bridge; or
(ii)the environment,
the person in charge of the vehicle must immediately remove the vehicle if directed to do so by an authorised person.
(2) Where, in relation to a vehicle to which paragraph (1) applies—
(a)the person in charge of the vehicle has not complied in a timely manner with a direction made under paragraph (1) to remove the vehicle;
(b)the person in charge of the vehicle proposes to comply with a direction made under paragraph (1) in a manner which an authorised person reasonably determines would be detrimental to the safety of that person or other persons using the highway;
(c)an authorised person reasonably determines that directing the person in charge of the vehicle to remove it would be detrimental to the safety of that person or other persons using the highway; or
(d)no person in charge of the vehicle is present,
an authorised person may take all reasonable steps to remove the vehicle from the new bridge or (as the case may be) new bridge approaches.
(3) An authorised person who removes a vehicle under paragraph (2) may do so by towing or driving the vehicle or in such other manner as the authorised person considers necessary and may take such measures in relation to the vehicle as the authorised person considers necessary to enable the vehicle to be removed.
(4) A vehicle removed by an authorised person under this article—
(a)may be returned immediately to the person in charge of that motor vehicle; or
(b)where immediate return of that vehicle to the person in charge of it is not practicable or appropriate, must be delivered to the undertaker or to a person authorised by the undertaker to keep vehicles so removed (“the custodian” in either case).
(5) In a case where the owner of the vehicle has disclaimed all rights of ownership of the vehicle and its contents and fittings, the custodian may dispose of them in such manner as it sees fit at any time.
(6) In any case not falling within paragraph (5), a vehicle or its contents or fittings must not be disposed of before the end of the period of 5 weeks beginning with the date on which the vehicle was removed and until the custodian has, for the purpose of ascertaining the owner of the vehicle, taken such steps as are specified in paragraph (7) and either—
(a)the custodian has failed to ascertain the name and address of the owner; or
(b)the owner has failed to comply with a notice complying with paragraph (8) served on the owner by post.
(7) The steps referred to in paragraph (6) are—
(a)if the vehicle carries a United Kingdom registration mark, the custodian must ascertain from the records kept by the Secretary of State under the Vehicle Excise and Registration Act 1994 M1 the name and address of the person by whom the vehicle is kept (“the registered keeper”); and
(b)if the vehicle does not carry such a registration mark, the custodian must make such inquiries (if any) as appear to the custodian reasonably practicable to ascertain the owner of the vehicle.
(8) A notice under paragraph (6)(b) must be addressed to the owner which—
(a)states—
(i)the reasons for the removal of the vehicle;
(ii)the place to which the vehicle has been removed;
(iii)the registration mark and make of the vehicle;
(iv)the steps required to be taken to obtain possession of the vehicle;
(v)the RSD charges which the custodian will be entitled to recover from the owner in accordance with this article; and
(vi)that unless the vehicle is removed by the owner on or before the date specified in sub-paragraph (b), the custodian intends to dispose of it; and
(b)requires the owner to remove the vehicle from the custody of the custodian within 21 days of the date on which the notice was served.
(9) The custodian is entitled to treat the registered keeper of the vehicle as the person entitled to its contents and fittings unless and to the extent that some other person satisfies the custodian of their claim to all or part of them.
(10) Where it appears to the custodian that more than one person is the owner of the vehicle—
(a)the notice under paragraph (6)(b) must be sent to all persons appearing to be the owner of the vehicle; and
(b)the vehicle may not be disposed of in accordance with paragraph (5) unless all persons appearing to be the owners have disclaimed all rights of ownership.
(11) Where a vehicle has been removed and delivered into the custody of a custodian in accordance with paragraph (4), the custodian is entitled to (whether or not any claim is made under paragraph (21) of this article) recover the RSD charges from the person who is or (as the case may be) was the owner of the vehicle in relation to—
(a)the removal and storage of the vehicle; and
(b)if the vehicle has been disposed of, its disposal.
(12) Where any RSD charges are recoverable in respect of a vehicle by a custodian by virtue of paragraph (11)—
(a)the RSD charges are recoverable as a simple contract debt in any court of competent jurisdiction;
(b)the custodian is entitled to retain custody of the vehicle until the RSD charges recoverable by virtue of paragraph (11)(a) are paid.
(13) Where—
(a)it appears to the custodian that more than one person is the owner of the vehicle; and
(b)one of those owners, or a person authorised by one of those owners, has gained possession of the vehicle under paragraph (16),
then the owner who gained possession of the vehicle under paragraph (16) is to be treated as the owner from whom the RSD charges are recoverable.
(14) Where—
(a)it appears to the custodian that more than one person is the owner of the vehicle; and
(b)one of those owners has made a claim under paragraph (19) that satisfies the conditions in paragraph (20),
then the owner who made the claim under paragraph (19) is to be treated as the owner from whom the RSD charges is recoverable.
(15) Where—
(a)it appears to the custodian that more than one person is the owner of the vehicle; and
(b)neither paragraph (13) nor paragraph (14) applies,
then those persons are to be treated as jointly and severally liable for the RSD charges.
(16) A person (“the claimant”) may take possession of a vehicle (with its contents and fittings) which has been removed and delivered to a custodian and has not been disposed of under this article, if the conditions specified in paragraph (17) are satisfied.
(17) The conditions are that—
(a)the claimant satisfies the custodian that the claimant is the owner of the vehicle or that the claimant is authorised by the owner to take possession of the vehicle; and
(b)all outstanding RSD charges are paid to the custodian.
(18) Where it appears to the custodian that more than one person is the owner of the vehicle, the custodian must give possession of the vehicle to the first claimant who satisfies the conditions set out in paragraph (17).
(19) If, after a vehicle has been disposed of by a custodian under this article, a person claims to have been the owner of the vehicle at the time when it was disposed of and the conditions specified in paragraph (20) are fulfilled, a sum calculated in accordance with paragraph (21) is payable by the custodian to the owner.
(20) The conditions are that—
(a)the person claiming satisfies the custodian that the person so claiming was the owner of the vehicle at the time it was disposed of;
(b)the claim is made before the end of the period of 1 year beginning with the date on which the vehicle was disposed of; and
(c)no previous claim in respect of the vehicle has been made.
(21) The sum payable under paragraph (20) is calculated by deducting from the proceeds of disposal of the vehicle the RSD charges that would have been payable under paragraph (17)(b) had the vehicle been claimed by the owner immediately before its disposal together with such RSD charges as may be due in respect of the disposal of the vehicle.
(22) Where it appears to the custodian of a vehicle that more than one person is the owner of that vehicle, the custodian must treat the first person who makes a claim that satisfies the conditions set out in paragraph (20) as the owner for the purposes of this article.
(23) in this article “the RSD charges” means such reasonable charges determined from time to time by the undertaker in accordance with paragraph (24) in respect of the removal, storage and disposal of vehicles under this article.
(24) The RSD charges—
(a)must not exceed the charges prescribed, in relation to England, by the Secretary of State under sections 101A(3), 101A(4) M2 or 102(2) M3 of the 1984 Act in respect of the removal, storage and disposal of vehicles under the 1984 Act; and
(b)must be published by the undertaker in such manner as the undertaker considers appropriate.
(25) For the purposes of this article the owner of a vehicle is taken to be the person by whom the vehicle is kept; and in determining for those purposes who was the owner of the vehicle at any time, it is presumed (unless the contrary appears) that the owner was the person in whose name the motor vehicle was at the relevant time registered under the Vehicle Excise and Registration Act 1994.
(26) For the purposes of this article “breaking down”, in relation to a vehicle which is a motor vehicle, includes by way of a mechanical defect, lack of fuel, oil, water or power required for the motor vehicle or any other circumstances in which a person in charge of the vehicle could not immediately, safely and without damage to the motor vehicle or its accessories drive it under its own power away from the new bridge and the new bridge approaches.
Commencement Information
I1Art. 46 in force at 15.10.2020, see art. 1
Marginal Citations
M2Section 101A was inserted by paragraph 3(2) of Schedule 11 to the 2004 Act. Charges have been prescribed (under, inter alia, sections 101A(3), 101A(4) and102(2) of the 1984 Act) by S.I. 2008/2095.
M3Section 102(2) was inserted by paragraph 4(2) of Schedule 9 to the 2004 Act.