The Removal and Disposal of Vehicles (Amendment) (Wales) Regulations 2008

Welsh Statutory Instruments

2008 No. 612 (W.64)

ROAD TRAFFIC, WALES

The Removal and Disposal of Vehicles (Amendment) (Wales) Regulations 2008

Made

6 March 2008

Laid before the National Assembly for Wales

10 March 2008

Coming into force

31 March 2008

The Welsh Ministers, in exercise of the powers conferred upon the Secretary of State, by sections 99(1) and 99(2) of the Road Traffic Regulation Act 1984(1), subsequently transferred to the National Assembly for Wales, and now vested in them,(2), and after consultation with representative organisations in accordance with section 134(2) of that Act, hereby make the following Regulations:

Title, commencement and application

1.—(1) The title of these Regulations is the Removal and Disposal of Vehicles (Amendment) (Wales) Regulations 2008, they come into force on 31 March 2008, and subject to paragraph (2), apply in relation to Wales.

(2) These Regulations do not apply in relation to the following parts of Wales—

(a) that part of the M4 Motorway in Wales which comprises “the New Toll Plaza area” and “the New Bridge”, as defined in section 39(1) of the Severn Bridges Act 1992(3); or

(b) that part of the road constructed by the Minister of Transport along the line described in Schedule 1 to the North Almondsbury-South of Haysgate Trunk Road Order 1947(4) and referred to in that Order as “the new road” which lies to the east of the most easterly point before reaching the River Wye at which eastbound traffic of Classes I and II (as specified in Schedule 4 to the Highways Act 1980(5)) can leave that road by another special road.

Amendment of the Removal and Disposal of Vehicles Regulations 1986

2.—(1) The Removal and Disposal of Vehicles Regulations 1986(6) are amended in accordance with paragraph (2).

(2) The following regulation is inserted after regulation 5B—

“Power of civil enforcement officers to remove vehicles in a civil enforcement area in Wales”

5C.— (1) Paragraph (2) applies where—

(a) a vehicle has been permitted to remain at rest on a road in a civil enforcement area in Wales; and

(b) a civil enforcement officer has, in accordance with Regulation 5 of the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008(7), fixed a penalty charge notice to the vehicle or handed such a notice to the person appearing to him or her to be in charge of the vehicle.

(2) Where this paragraph applies, a civil enforcement officer or a person acting under his or her direction may subject to paragraph (3) remove the vehicle concerned—

(a) to another position on the road where it is found;

(b) to another road; or

(c) to a place which is not on a road.

(3) The power conferred by paragraph (2) is not exercisable where the vehicle concerned is in a parking place and a penalty charge notice has been served as mentioned in paragraph (1)(b) in respect of a contravention consisting of, or arising out of, a failure—

(a) to pay a parking charge with respect to the vehicle;

(b) to properly display a ticket or parking device; or

(c) to remove the vehicle from the parking place by the end of the period for which the appropriate charge was paid,

until the appropriate period has elapsed since the giving of that penalty charge notice in respect of the contravention.

(4) In this regulation—

“the appropriate period” means—

(a)

in the case of a vehicle as respects which there are 3 or more penalty charges outstanding, 15 minutes;

(b)

in any other case, 30 minutes;

“civil enforcement area” and “civil enforcement officer” have the same meanings as in the Traffic Management Act 2004 (see Schedule 8 and section 76 of that Act);

“outstanding” in relation to a penalty charge has the same meaning as in regulations 2(2), (3) and (4) of the Civil Enforcement of Parking Contraventions (General Provisions) (Wales) Regulations 2008(8);

“parking place” has the meaning given by section 79(7) of the Traffic Management Act 2004;

“penalty charge” means a penalty charge relating to a parking contravention in accordance with regulation 3 of the Civil Enforcement of Parking Contraventions (General Provisions) (Wales) Regulations 2008.

“penalty charge notice” has the same meaning as in regulation 4 of the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008.”

Ieuan Wyn Jones

Minister for the Economy and Transport, one of the Welsh Ministers

6 March 2008

Explanatory Note

(This note is not part of the Regulations)

The Removal and Disposal of Vehicles Regulations 1986 (“the 1986 Regulations”) provide for the removal and disposal of vehicles under sections 3 and 4 of the Refuse Disposal (Amenity) Act 1978 (“the 1978 Act”) and sections 99 and 101 of the Road Traffic Regulation Act 1984 (“the 1984 Act”).

The functions of the Secretary of State under sections 3 and 4 of the 1978 Act were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, SI 1999/672, article 2 and Schedule 1. The functions of the Secretary of State under sections 99 and 101 of the 1984 Act were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 2004, SI 2004/3044, article 2 and Schedule 1. All functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006.

These Regulations amend the 1986 Regulations in relation to Wales (save for those parts of the Severn Crossings which are in Wales) so as to allow civil enforcement officers to remove vehicles which have been permitted to remain at rest on a road in a civil enforcement area in Wales.

Such removal may only take place where a civil enforcement officer has fixed a penalty charge notice to the vehicle, or has handed such a notice to the person appearing to be in charge of the vehicle.

Penalty charge notices issued in relation to vehicles in designated parking places which are issued in respect of parking charges, failing to display a ticket or parking device or failing to remove the vehicle from a parking place at the end of a period for which a charge was paid, will not warrant removal of the vehicle concerned, until the expiry of the “appropriate period” as defined by new regulation 5C(4).

A full Regulatory Impact Assessment and Explanatory Memorandum can be obtained from the Integrated Transport Unit, Transport, Planning and Administration Division, Transport Wales, Welsh Assembly Government, Crown Offices, Cathays Park, Cardiff, CF10 3NQ or on the Welsh Assembly Government website at http://www.assemblywales.org/bus-home/buslegislation/bus/bus-legislation-sub/bus-legislation-sub-annulment.htm

(1)

1984 c. 27.

(2)

The functions of the Secretary of State for Transport under the Road Traffic Regulation Act 1984 were transferred to the National Assembly for Wales by virtue of the National Assembly for Wales (Transfer of Functions) (Order) 2004 (SI 2004/3044). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c. 32).

(3)

1992 c. 3.

(4)

S.I. 1947/1562.

(5)

1980 c. 66.

(6)

S.I. 1986/183, to which amendments relevant to these Regulations have been made, in relation to Wales, by S.I. 2005/3252 (w. 245).

(7)

S.I. 2008/609.

(8)

S.I. 2008/614 (W.66).