Clean Neighbourhoods and Environment Act 2005

Clean Neighbourhoods and Environment Act 2005

2005 CHAPTER 16

The Act

Commentary on Sections

Part 2: Vehicles

Nuisance Parking

Section 4 Repairing vehicles on a road

36. This section addresses the nuisance caused by people repairing their vehicles on the street. This can take up valuable parking space for long periods, looks unsightly and can be directly damaging to the local environment (for example where oil is spilled or leaked). Section 4 makes it an offence to carry out "restricted works" to vehicles on a road.

37. There are two exceptions. The first is where a person proves he was not repairing the vehicle in the course of a business (subsection (3)(a)). But this is only available where the works did not give "reasonable cause for annoyance" to persons in the vicinity. So even a person carrying out repairs otherwise than for a business can be convicted if the works gave cause for annoyance.

38. The second exception is where the repairs arose from a breakdown or accident and were carried out promptly or were otherwise authorised (subsection (5)).

39. The definitions of ‘road’ and ‘vehicle’ are the same as in the previous section (see paragraph 34 above).