Refuse Disposal (Amenity) Act 1978

3 Removal of abandoned vehicles

(1) Where it appears to a local authority that a motor vehicle in their area is abandoned without lawful authority on any land in the open air or on any other land forming part of a highway, it shall be the duty of the authority, subject to the following provisions of this section, to remove the vehicle.

(2) Where it appears to a local authority that the land on which a motor vehicle is abandoned as aforesaid is occupied by any person, the authority shall give him notice in the prescribed manner that they propose to remove the vehicle in pursuance of subsection (1) above but shall not be entitled to remove it if he objects to the proposal in the prescribed manner and within the prescribed period.

(3) A local authority shall not be required by virtue of subsection (1) above to remove a vehicle situated otherwise than on a carriageway within the meaning of the [1959 c. 25.] Highways Act 1959 if it appears to them that the cost of its removal to the nearest convenient carriageway within the meaning of that Act would be unreasonably high.

(4) In the application of subsection (3) above to Scotland, " carriageway" means a way, other than a cycle track, over which the public have a right of way for the passage of vehicles.

(5) Where in pursuance of this section a local authority propose to remove a vehicle which in their opinion is in such a condition that it ought to be destroyed they shall, not less than the prescribed period before removing it, cause to be affixed to the vehicle a notice stating that the authority propose to remove it for destruction on the expiration of that period.

(6) Any vehicle removed by the council of a London borough or the Common Council under this section shall be delivered by them to the Greater London Council in accordance with such arrangements (including arrangements as to the sharing of any expenses incurred or sums received by the council and the Greater London Council under this Act) as may be agreed between the council and the Greater London Council or, in default of agreement, as may be determined by the Secretary of State.

(7) Any vehicle removed by the council of a district in England under this section shall be delivered by them to the county council in accordance with such arrangements (including arrangements as to the sharing of any expenses incurred or sums received by the district council and the county council under this Act) as may be agreed between the district council and the county council or, in default of agreement, as may be determined by arbitration.

(8) While a vehicle, other than a vehicle to which a notice was affixed in accordance with subsection (5) above, is in the custody of a local authority or the Greater London Council or the council of a county in England in pursuance of this section, it shall be the duty of that body to take such steps as are reasonably necessary for the safe custody of the vehicle.

(9) Subsections (5) and (6) of section 1 above shall apply to the duties imposed by subsections (1) and (2) above as if—

(a) for any reference to the duty imposed by that section there were substituted a reference to the duties aforesaid; and

(b) for any reference to a local authority within the meaning of that section there were substituted a reference to a local authority within the meaning of this section.