Part VIIIE+W+S Control and Enforcement

Removal or immobilisation of vehiclesE+W+S

99 Removal of vehicles illegally, obstructively or dangerously parked, or abandoned or broken down. E+W+S

(1)The Secretary of State may by regulations make provision for the removal of vehicles which have been permitted to remain at rest—

(a)on a road in contravention of any statutory prohibition or restriction, or

(b)on a road in such a position or in such condition or in such circumstances as to cause obstruction to other persons using the road or as to be likely to cause danger to such persons, or

(c)on a road, or on any land in the open air, in such a position or in such condition or in such circumstances as to appear, to an authority empowered by the regulations to remove such vehicles, to have been abandoned without lawful authority,

or which have broken down on a road.

(2)Regulations under this section—

(a)may provide, in the case of a vehicle which may be removed from a road, for the moving of the vehicle from one position on a road to another position on that or another road;

(b)may provide for repealing byelaws dealing with the same subject-matter as the regulations, and for suspending, while the regulations remain in force, any power of making such byelaws; and

(c)may be made so as to apply either generally or in such circumstances as may be specified in the regulations under this section that the vehicle is on land which 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 the regulations, and shall not be entitled to remove it if he objects to the proposal in the prescribed manner and within the prescribed period.

(3)Where it appears to an authority which (apart from this subsection) is empowered to remove a vehicle in pursuance of regulations under this section that the vehicle is on land which 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 the regulations, and shall not be entitled to remove it if he objects to the proposal in the prescribed manner and within the prescribed period.

(4)Where in pursuance of regulations under this section an authority proposes to remove a vehicle which appears to the authority to be abandoned and in their opinion is in such a condition that it ought to be destroyed, then (except where they are empowered by the regulations to remove the vehicle from a road in a case falling within paragraph (a) or paragraph (b) of subsection (1) above) they shall, not less than the prescribed period before removing it, cause to be affixed to the vehicle a notice stating that they propose to remove it for destruction when that period expires.

(5)In this section “vehicle” means any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle.

Modifications etc. (not altering text)