High Speed Rail (London - West Midlands) Act 2017

Removal of vehicles

14 (1) An authorised person may remove a vehicle, or arrange for its removal, where conditions 1 and 2 are met.

(2) Condition 1 is that the vehicle has been permitted to remain at rest, or has broken down and remained at rest—

(a) on any road in contravention of a prohibition or restriction imposed by a traffic regulation order, or

(b) on any road which is stopped up under paragraph 2 or 6 of Schedule 4.

(3) Condition 2 is that it appears to the authorised person that the vehicle is likely, if it is not removed—

(a) to obstruct the carrying out of any of the works authorised by this Act, or

(b) to be at risk of being damaged in consequence of the doing of anything for the purposes of the construction of Phase One of High Speed 2.

(4) References in sub-paragraphs (1) and (3) to the removal of a vehicle are to its removal to another position on the road in question or to another road.

(5) Before exercising the power under sub-paragraph (1), an authorised person must give notice to—

(a) the local authority (as defined by section 100(5) of RTRA 1984) in whose area the vehicle is situated, and

(b) the chief officer of the police force in whose area the vehicle is situated.

(6) A person removing a vehicle under or by virtue of sub-paragraph (1) may do so—

(a) by towing or driving the vehicle, or

(b) in such other manner as the person thinks necessary,

and may take such measures in relation to the vehicle as the person thinks necessary to enable its removal.

(7) This paragraph is without prejudice to provision made by regulations under section 99 of RTRA 1984.

(8) In this paragraph—

• “authorised person” means a person authorised by the nominated undertaker for the purposes of this paragraph;

• “vehicle” has the same meaning as in section 99 of RTRA 1984.