Chwilio Deddfwriaeth

London Local Authorities and Transport for London Act 2008

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17Immobilisation and removal of vehicles

(1)Subsection (4) below applies in respect of a vehicle which is stationary on a road in Greater London if—

(a)no relevant certificate is being displayed prominently in or on the vehicle; and

(b)an authorised person has reason to believe that the conditions of subsection (2) or (3) below are met.

(2)The conditions of this subsection are that—

(a)an immobilisation device has been fixed to a vehicle under subsection (2) of section 15 (preliminary procedure where ownership details not known) of this Act; and

(b)the vehicle has not been released in accordance with subsection (10) of that section.

(3)The conditions of this subsection are that—

(a)a notice has been served under subsection (2) of section 16 (preliminary procedure in other cases) of this Act;

(b)the period mentioned in subsection (4)(a) of that section has expired; and

(c)at least three of the outstanding penalty charges to which the notice related remain unpaid; and

(d)a bond has not been paid as mentioned in subsection (4)(a)(ii) of that section.

(4)Where this subsection applies, the authorised person or a person acting under the authorised person’s direction, may remove the vehicle and deliver it to a custodian.

(5)Where subsection (4) above applies because an authorised person has reason to believe that the conditions of subsection (3) above are met, the authorised person or a person acting under the authorised person’s direction may, before the vehicle is removed and delivered to a custodian—

(a)fix an immobilisation device to the vehicle while it remains in the place where it is stationary; or

(b)move it, or require it to be moved, to another place on that road or another road and fix an immobilisation device to the vehicle in that other place.

(6)Subsections (3) to (9) of the said section 15 shall apply in relation to cases where action is taken under subsection (5) above as they do in relation to cases where action is taken under subsection (2) of that section except that in subsection (3)(d) as so applied, for the reference to subsection (10) of that section there is substituted a reference to subsection (7) below.

(7)Subject to subsection (4) of the said section 15 (as applied by subsection (6) above), a vehicle to which an immobilisation device has been fixed in accordance with this section shall be released from that device by an authorised person if—

(a)the London authority in question is requested to do so; and

(b)the conditions of subsection (8) or (9) below are satisfied.

(8)The conditions of this subsection are that the person making the request (“the claimant”) pays—

(a)all penalty charges that are outstanding in relation to the vehicle and which are owed to any of the London authorities by whom the authorised person who took the action (or directed that action be taken) under subsection (5) above is authorised; and

(b)such charge in respect of the release as may be prescribed.

(9)The conditions of this subsection are that—

(a)the claimant pays a bond in the prescribed sum to the authorised person or to one of the London authorities specified by him and by whom he is authorised;

(b)the claimant satisfies the authorised person that he intends to make representations under paragraph 2 of Schedule 2 to this Act by virtue of paragraph 1(1)(c) of that Schedule;

(c)no bond has previously been paid in respect of the outstanding penalty charges in question, either under this subsection or in response to the service of a notice under subsection (4) of section 16 (preliminary procedure in other cases) of this Act; and

(d)the claimant provides to the custodian satisfactory and verifiable proof of his name and address and the name and address of the owner of the vehicle (if it is not him).

(10)If a claimant takes possession of a vehicle, having satisfied the conditions of subsection (9) above, the custodian shall issue to the claimant a certificate in the prescribed form, stating—

(a)that the certificate is issued under this section;

(b)the date on which the certificate was issued;

(c)the registration mark of the vehicle;

(d)the date on which the certificate expires;

(e)the effect of subsection (12) below;

(f)the effect of paragraph 2(4) of the said Schedule 2.

(11)If a certificate issued under subsection (10) above is being displayed prominently in or on the vehicle to which it relates on or before the date on which it expires—

(a)no immobilisation device may be fixed to the vehicle under the said section 15 or this section; and

(b)the vehicle may not be removed under this section.

(12)A certificate issued under subsection (10) above may expire no sooner than 14 days after the end of the period beginning with the date after which the relevant London authority are entitled, in accordance with paragraph 2(4) of the said Schedule 2, to disregard any representations received by them.

(13)A person shall be guilty of an offence, liable on summary conviction to a fine not exceeding level 5 on the standard scale, if—

(a)in giving a relevant person information required to establish whether a condition of subsection (9) above is met, he—

(i)makes a statement which he knows is false in a material particular; or

(ii)recklessly makes a statement which is false in a material particular; or

(b)he displays in or on a vehicle a false certificate, purportedly issued under subsection (10) above.

(14)Where a vehicle has been removed and delivered into the custody of a custodian in accordance with subsection (4) above in a case where subsection (3) above applies, the custodian may (whether or not any claim is made under section 19 (taking possession of a vehicle) or 21 (claim by the owner of a vehicle after its disposal) of this Act) recover from the person who was the owner of the vehicle when the vehicle was removed—

(a)all penalty charges that are outstanding in relation to the vehicle and which are owed to any of the London authorities by whom the authorised person who removed the vehicle is authorised;

(b)such charge for its removal as may be prescribed;

(c)such charge as may be prescribed for each complete day or part of a day on which it has been held by the custodian; and

(d)if the vehicle has been disposed of, such charge as may be prescribed for its disposal.

(15)Where, by virtue of subsection (14) above (except paragraph (d)), any sum is recoverable in respect of a vehicle by a custodian, the custodian shall be entitled to retain custody of it until that sum is paid.

(16)In subsection (1) above “relevant certificate” means an unexpired certificate issued under—

(a)subsection (13) of the said section 15;

(b)subsection (5) of the said section 16;

(c)subsection (10) of this section;

(d)subsection (3) of section 20 (payment of bond to secure removal) of this Act; or

(e)paragraph 4(1) (representations and appeals in cases where bond is paid) of the said Schedule 2.

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