45.This section inserts after section 2 of the Refuse Disposal (Amenity) Act 1978 (which makes it an offence to abandon a motor vehicle) three new sections - 2A, 2B and 2C.
46.Section 2A gives an authorised officer of a local authority the power to issue a fixed penalty notice in respect of an offence of abandoning a vehicle, offering the offender the opportunity to discharge any liability for the offence.
47.The sum is set at £200 by subsection (8) which can be amended by order as set out in subsection (9). Under subsection (10) the local authority to which a fixed penalty is payable may provide for treating it as having been paid if a lesser amount is paid before the end of such (shorter) period as it may specify.
48.Section 2B enables an authorised officer of a local authority to require the name and address of the person to whom he proposes to issue a fixed penalty notice. A person commits an offence if he gives false or inaccurate details.
49.Section 2C enables local authorities to use the receipts from these penalties for the purposes of their functions under the Refuse Disposal (Amenity) Act 1978, and sections 99 to 102 of the Road Traffic Regulation Act 1984, functions relating to the enforcement of sections 3 and 4 and for other functions as are specified in regulations (subsections (2) and (3)). Subsections (4) to (7) make further provisions relating to the spending of fixed penalty receipts.
50.Subsection (8) of section 2C makes similar provision as described above for subsection (8) of section 8.
51.This section amends section 3 of the Refuse Disposal (Amenity) Act 1978.
52.Previously under section 3(2) of the Refuse Disposal (Amenity) Act 1978, if a vehicle that appeared to be abandoned was found on private land, a notice had to be served on the occupier of the land; if the occupier did not respond, the local authority had to wait 15 days before removing the vehicle. When the vehicle was on a private driveway, there was no practical problem as the occupier was in a position to confirm whether or not it was abandoned. However, if the vehicle was on a private road, it was difficult to identify the occupier; in those circumstances, some form of notice was often left on the vehicle to alert the owner. The notice at times attracted instances of anti-social behaviour such as vandalism and arson.
53.Subsection (2) removes the requirement to serve a notice on the occupier of land where the vehicle is on a ‘road’. The definition of ‘road’ is as described in paragraph 34, and could include roads that pass through housing estates managed by registered social landlords and other local authority housing estates. This enables vehicles to be removed immediately from any road to which the public has access.
54.Section 3(5) of the Refuse Disposal (Amenity) Act 1978 required a local authority to affix a notice to a vehicle 24 hours prior to removal where it was considered to be in such a condition that it ought to be destroyed. There was no definition of what this meant but it could have included vehicles that had parts missing or were burnt out. The 24-hour notice at times attracted instances of anti-social behaviour such as vandalism and arson.
55.Subsection (3) revokes section 3(5) of the Refuse Disposal (Amenity) Act 1978. It enables local authorities to immediately remove any vehicle in such a condition if they think it has been abandoned.
56.Section 12 relates to the steps a local authority must take before they can dispose of an abandoned vehicle.
57.Under section 4 of the Refuse Disposal (Amenity) Act 1978, prior to section 12 of this Act coming into force, a vehicle could only be destroyed immediately after removal where it had been removed under section 3(5) (being that it was in such a condition that it ought to be destroyed) and did not display a current licence. Where a current licence was displayed, this had to expire before destruction could take place. In other cases the local authority had to take steps to ascertain who the owner was and, if found, to serve a notice telling him of the vehicle’s removal. If no owner could be found, or the owner failed to respond to the notice within 7 days, the vehicle could then be disposed of unless it displayed a current licence. Again, if a licence was displayed, the authority had to wait for its expiry before destruction.
58.Waiting for the expiration of the licence led to further storage costs being incurred by local authorities where the vehicle was only fit for destruction or the owner either could not be traced or had chosen not to collect it.
59.Section 12 amends section 4 of the Refuse Disposal (Amenity) Act 1978 by removing the requirement to wait for the expiration of a valid licence. This has the effect of allowing any vehicle that is only fit for destruction to be destroyed immediately. In other cases, if the owner either cannot be traced or fails to respond to a notice the vehicle can then be disposed of.
60.This section also amends section 4 by allowing immediate disposal where neither a registration mark (plate) is shown or current licence displayed. Without that information, it is considered unreasonable to expect the authority to trace the owner (either of these would provide a way to check the DVLA register or make enquiries in other countries). This section allows these vehicles to be disposed of immediately.
61.This section obliges authorities to have regard to guidance given by the “appropriate person” when exercising their functions in relation to the removal and disposal of vehicles.
62.This section provides a definition of "appropriate person" for the purposes of the powers conferred by sections 10 to 13. The effect is that the powers are conferred on the Secretary of State in relation to England, and the National Assembly for Wales in relation to Wales.
63.Subsection (2) amends section 10(5) of the Refuse Disposal (Amenity) Act 1978 so that any orders or regulations made by the National Assembly for Wales under new sections 2A and 2C are to be made by statutory instrument by negative resolution.
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