The Removal and Disposal of Vehicles Regulations 1986

Transcription

1 SI 986/83 Page 986 No. 83 ROAD TRAFFIC The Removal and Disposal of Vehicles Regulations 986 Thomson Reuters (Legal) Limited. UK Statutory Instruments Crown Copyright. Reproduced by permission of the Controller of Her Majesty's Stationery Office. Made 4th February 986 Laid before Parliament 9th February 986 Coming into Operation st April 986 The Secretary of State for Transport (as respects England), the Secretary of State for Scotland (as respects Scotland) and the Secretary of State for Wales (as respects Wales), in exercise of the powers conferred by sections 3 and 4 of the Refuse Disposal (Amenity) Act 978, and by section 99 and 0 of the Road Traffic Regulation Act 984, and in exercise of all other enabling powers, and after consultation with representative organisations in accordance with section 34(2) of the Road Traffic Regulation Act 984, hereby make the following Regulations: sections 3 and 4 were amended by the Local Government, Planning and Land Act 980 (c.65), Schedule 3, paragraphs 4 and 5. Preamble: England, Wales, Scotland PART I GENERAL., citation and revocation () These Regulations shall come into operation on st April 986 and may be cited as the Removal and Disposal of Vehicles Regulations 986. (2) The Removal and Disposal of Vehicles Regulations 968 are hereby revoked.

2 SI 986/83 Page 2 Pt I reg. ()-(2): April, 986 Pt I reg. ()-(2): England, Wales, Scotland 2. Interpretation In these Regulations, unless the contrary intention appears, the following expressions have the meanings hereby assigned to them respectively, that is to say: the 978 Act means the Refuse Disposal (Amenity) Act 978; the 984 Act means the Road Traffic Regulation Act 984; motor vehicle has the meaning assigned to it in section () of the 978 Act; road, in England and Wales, means any highway and any other road to which the public has access and, in Scotland, has the meaning assigned to it in section 5 of the Roads (Scotland) Act 984; vehicle, in relation to any matter prescribed by these Regulations for the purposes of any provision in section 3 and 4 of the 978 Act, means a motor vehicle, and in relation to any matter prescribed by these Regulations for the purposes of any provision in section 99 and 0 of the 984 Act has the meaning assigned to it in section 99(5) of that Act, and, in relation to any matter prescribed by these Regulations for the purposes of section 99 of the 984 Act, any reference to a vehicle which has been permitted to remain at rest or which has broken down includes a reference to a vehicle which has been permitted to remain at rest or which has broken down before the coming into force of these Regulations. Pt I reg. 2 definition of "the 978 Act"- definition of "vehicle": April, 986 Pt I reg. 2 definition of "the 978 Act"- definition of "vehicle": England, Wales, Scotland PART II REMOVAL OF VEHICLES 3. Power of constable to require removal of vehicles from roads () Except as provided by regulation 7 of these Regulations, this regulation applies to a vehicle which (a) has broken down, or been permitted to remain at rest, on a road in such a position or in such condition or in such circumstances as to cause obstruction to persons using the road or as to be likely to cause danger to such persons, or

3 SI 986/83 Page 3 (b) has been permitted to remain at rest or has broken down and remained at rest on a road in contravention of a prohibition or restriction contained in, or having effect under, any of the enactments mentioned in Schedule to these Regulations. (2) A constable may require the owner, driver or other person in control or in charge of any vehicle to which this regulation applies to move or cause to be moved the vehicle and any such requirement may include a requirement that the vehicle shall be moved from that road to a place which is not on that or any other road, or that the vehicle shall not be moved to any such road or to any such position on a road as may be specified. (3) A person required to move or cause to be moved a vehicle under this regulation shall comply with such requirement as soon as practicable. Pt II reg. 3()-(3): April, 986 Pt II reg. 3()-(3): England, Wales, Scotland 4. Power of constable to remove vehicles Except as provided by regulation 7 of these Regulations, where a vehicle (a) is a vehicle to which regulation 3 of these Regulations applies, or (b) having broken down on a road or on any land in the open air, appears to a constable to have been abandoned without lawful authority, or (c) has been permitted to remain at rest 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 a constable to have been abandoned without lawful authority, then, subject to the provisions of sections 99 and 00 of the 984 Act, a constable may remove or arrange for the removal of the vehicle, and, in the case of a vehicle which is on a road, he may remove it or arrange for its removal from that road to a place which is not on that or any other road, or may move it or arrange for its removal to another position on that or another road. Pt II reg. 4(a)-(c): April, 986 Pt II reg. 4(a)-(c): England, Wales, Scotland [ 4A. Power of traffic warden to remove vehicles () Except as provided by regulation 7 of these Regulations, a traffic warden may, subject to sections 99 and 00 of the 984 Act, remove or arrange for the removal of a vehicle to which regulation 3

4 SI 986/83 Page 4 of these Regulations applies to a place which is not on that or any other road, or may move it or arrange for its removal to another position on that or another road. (2) This regulation applies only in respect of (a) a vehicle which is on a road in, and (b) its removal in and to a place in, England or Wales. [ 3 ] 2 ] 2 3 Added by Removal and Disposal of Vehicles (Amendment) Regulations 993/278 reg.3 (June, 993) Words inserted by Removal and Disposal of Vehicles (Amendment) (No. 2) Regulations 2002/2777 reg.3(2) (December 2, 2002) In relation to England: 4A. Power of traffic warden to remove vehicles () Except as provided by regulation 7 of these Regulations, a traffic warden, a designated person to whom paragraph 0 of Schedule 4 to the Police Reform Act 2002 applies, or an accredited person to whom paragraph 7 of Schedule 5 to that Act applies may, subject to sections 99 and 00 of the 984 Act, remove or arrange for the removal of a vehicle to which regulation 3 of these Regulations applies to a place which is not on that or any other road, or may move it or arrange for its removal to another position on that or another road. (2) This regulation applies only in respect of (a) a vehicle which is on a road in, and (b) its removal in and to a place in, England or Wales. Pt II reg. 4A()-(2)(b): England, Wales, Scotland [ 4B. Power of traffic warden to remove vehicles () A traffic warden may, subject to sections 99 and 00 of the 984 Act, remove or arrange for the removal of a vehicle to which regulation 3 applies to a place which is not on that or on any other road, or may move it or arrange for its removal to another position on that or another road. (2) This regulation applies only in respect of (a) a vehicle which is on a road in, and (b) its removal in and to a place in Scotland. ] Added by Removal and Disposal of Vehicles (Amendment) (Scotland) Regulations 999/490 reg.3 (March 24, 999)

5 SI 986/83 Page 5 Pt II reg. 4B()-(2)(b): England, Wales, Scotland 5. Power of local authority to remove certain vehicles () Except as provided by regulation 7 of these Regulations, where a vehicle (other than a motor vehicle which a local authority have a duty to remove under section 3 of the 978 Act) (a) having broken down on a road or on any land in the open air in the area of a local authority, appears to them to have been abandoned without lawful authority, or (b) has been permitted to remain at rest on a road or on any land in the open air in the area of a local authority in such a position or in such condition or in such circumstances as to appear to them to have been abandoned without lawful authority, the local authority may, subject to the provisions of sections 99 and 00 of the 984 Act, remove or arrange for the removal of the vehicle to a place which is not on any road. (2) In this regulation local authority means, in the case of a vehicle situate at a place (a) in England, the council of the district or of the London borough, or the Common Council of the City of London; (b) in Scotland, the regional or islands or district council; or (c) in Wales, the council of the district, within whose area is situate that place. [ 2 ] 2 Words substituted by Local Government Reorganisation (Wales) (Consequential Amendments No.2) Order 996/008 Sch.(II) para.6 (April 29, 996) In relation to England and Wales: (2) In this regulation local authority means, in the case of a vehicle situate at a place (a) in England, the council of the district or of the London borough, or the Common Council of the City of London; (b) in Scotland, the regional or islands or district council; or (c) in Wales, the council of the county or county borough, within whose area is situate that place. Pt II reg. 5()-(2)(c): April, 986 Pt II reg. 5()-(2)(c): England, Wales, Scotland [ 5A. () Except as provided by regulation 7 of these Regulations where, in the area of a particular local authority, a vehicle

6 SI 986/83 Page 6 (a) has been permitted to remain at rest or has broken down and remained at rest on a road in Greater London in contravention of a prohibition or restriction contained in an order having effect under (i) section 6 of the 984 Act so far as the order designates any parking place; or (ii) section 9 of the 984 Act so far as the order designates any parking place in an area in respect of which section 65 of the Road Traffic Act 99 2 is in force; (iii) section 46 of the 984 Act so far as the order relates to a parking place in such an area; (b) has been permitted to remain a rest or has broken down and remained at rest on a road outside Greater London in contravention of a prohibition or restriction contained in an order under section 46 of the 984 Act in circumstances in which an offence would have been committed in respect of the vehicle but for paragraph (4)(b) of Schedule 3 to the Road Traffic Act 99 (permitted parking areas); or (c) has been permitted to remain at rest or has broken down and remained at rest on a road in contravention of a statutory prohibition or restriction in circumstances in which an offence would have been committed with respect to the vehicle but for section 76(3) of, or paragraph (4)(a) or 2(4) of Schedule 3 to, the Road Traffic Act 99 (permitted parking areas or special parking areas), a parking attendant acting on behalf of the local authority may, subject to the provisions of sections 99 and 00 of the 984 Act, remove or arrange for the removal of the vehicle from the road to a place which is not on that or any other road, or may move it or arrange for its removal to another position on that or another road. (2) Sub-paragraphs (ii) and (iii) of paragraph ()(a) and paragraph ()(b) above shall not apply in relation to a vehicle if (a) not more than 5 minutes have elapsed since the end of any period for which the appropriate charge was duly paid at the time of parking; or (b) not more than 5 minutes have elapsed since the end of any unexpired time (in respect of another vehicle) which is available at the relevant parking meter at the time of parking. (3) This regulation applies only in respect of (a) a vehicle which is on a road in, and (b) its removal in and to a place in, England or Wales. [ (4) In this regulation local authority (a) in relation to a vehicle which is on a road in Greater London, shall be construed in accordance with paragraphs (5) and (6) below; and, (b) in relation to any other vehicle, has the same meaning as in section 00 of the 984 Act; London local authority means the council of a London borough or the Common Council of the City of London; parking meter has the same meaning as in section 46(2)(a) of that Act. (5) In relation to a vehicle which falls within paragraph ()(a) above (vehicle parked in contravention of an order designating a parking place on a road in Greater London) (a) if the parking place is on a GLA road or GLA side road and the parking place was designated by Transport for London, local authority means Transport for London;

7 SI 986/83 Page 7 (b) in any other case, local authority means the London local authority in whose area the parking place is. (6) In relation to a vehicle which has been permitted to remain at rest, or having broken down has been permitted to remain at rest, on a GLA road or GLA side road in contravention of a statutory prohibition or restriction in circumstances in which an offence would have been committed with respect to the vehicle but for section 76(3) of the Road Traffic Act 99 4 (offence provisions not applying within a special parking area) local authority means Transport for London. (7) For the purposes of this regulation the area of Transport for London shall be taken to be Greater London. [ 6 ] 5 ] 3 ] Substituted by Removal and Disposal of Vehicles (Amendment) (No. 3) Regulations 993/708 reg.3 (July 2, 993) 99 c.40. Reg.5A(4)-(7) substituted for reg.5a(4) by Greater London Road Traffic (Various Provisions) Order 200/353 art.7 (April 4, 200) 99 c. 40; section 76(3) was amended by the Road Traffic Act 99 (Amendment of Section 76(3)) Order 995, S.I. 995/437. Added by Removal and Disposal of Vehicles (Amendment) (England) Regulations 2007/3484 reg.3 (March 3, 2008) In relation to England: 5A. () Except as provided by regulation 7 of these Regulations where, in the area of a particular local authority, a vehicle (a) has been permitted to remain at rest or has broken down and remained at rest on a road in Greater London in contravention of a prohibition or restriction contained in an order having effect under (i) section 6 of the 984 Act so far as the order designates any parking place; or (ii) section 9 of the 984 Act so far as the order designates any parking place in an area in respect of which section 65 of the Road Traffic Act 99 2 is in force; (iii) section 46 of the 984 Act so far as the order relates to a parking place in such an area; (b) has been permitted to remain a rest or has broken down and remained at rest on a road outside Greater London in contravention of a prohibition or restriction contained in an order under section 46 of the 984 Act in circumstances in which an offence would have been committed in respect of the vehicle but for paragraph (4)(b) of Schedule 3 to the Road Traffic Act 99 (permitted parking areas); or (c) has been permitted to remain at rest or has broken down and remained at rest on a road in contravention of a statutory prohibition or restriction in circumstances in which an offence would have been committed with respect to the vehicle but for section 76(3) of, or paragraph (4)(a) or 2(4) of Schedule 3 to, the Road Traffic Act 99 (permitted parking areas or special parking areas), a parking attendant acting on behalf of the local authority may, subject to the provisions of sections 99 and 00 of the 984 Act, remove or arrange for the removal of the vehicle from the road to a place which is not on that or any other road, or may move it or arrange for its removal to another position on that or another road. (2) Sub-paragraphs (ii) and (iii) of paragraph ()(a) and paragraph ()(b) above shall not apply in relation to a vehicle if (a) not more than 5 minutes have elapsed since the end of any period for which the appropriate charge was duly paid at the time of parking; or

8 SI 986/83 Page 8 (b) not more than 5 minutes have elapsed since the end of any unexpired time (in respect of another vehicle) which is available at the relevant parking meter at the time of parking. (3) This regulation applies only in respect of (a) a vehicle which is on a road in, and (b) its removal in and to a place in, England or Wales. (4) In this regulation local authority (a) in relation to a vehicle which is on a road in Greater London, shall be construed in accordance with paragraphs (5) and (6) below; and, (b) in relation to any other vehicle, has the same meaning as in section 00 of the 984 Act; London local authority means the council of a London borough or the Common Council of the City of London; parking meter has the same meaning as in section 46(2)(a) of that Act. (5) In relation to a vehicle which falls within paragraph ()(a) above (vehicle parked in contravention of an order designating a parking place on a road in Greater London) (a) if the parking place is on a GLA road or GLA side road and the parking place was designated by Transport for London, local authority means Transport for London; (b) in any other case, local authority means the London local authority in whose area the parking place is. (6) In relation to a vehicle which has been permitted to remain at rest, or having broken down has been permitted to remain at rest, on a GLA road or GLA side road in contravention of a statutory prohibition or restriction in circumstances in which an offence would have been committed with respect to the vehicle but for section 76(3) of the Road Traffic Act 99 4 (offence provisions not applying within a special parking area) local authority means Transport for London. (7) For the purposes of this regulation the area of Transport for London shall be taken to be Greater London. (8) This regulation shall not apply to a vehicle found in a civil enforcement area for parking contraventions (as defined by regulation 5C(4)) on or after 3st March Pt II reg. 5A()-(4) definition of "local authority", (4) definition of "parking meter": England, Wales, Scotland Pt II reg. 5A(4) definition of "local authority" (a)-(4) definition of "London local authority", (5)-(7): England, Wales [ 5B. () Where in the area of a particular local authority, a vehicle (a) has been permitted to remain at rest or has broken down and remained at rest on a road in contravention of a prohibition or restriction contained in an order under section 46 of the 984 Act in circumstances in which an offence would have been committed in respect of the vehicle but for paragraph (4)(b) of Schedule 3 to the Road Traffic Act 99 (permitted parking areas); or (b) has been permitted to remain at rest or has broken down and remained at rest on a road in contravention of a prohibition or restriction in circumstances in which an offence would have been committed with respect to the vehicle but for paragraph (4)(a) or 2(4) of Schedule 3 to the Road Traffic Act 99 (permitted parking areas or special parking areas),

9 SI 986/83 Page 9 a parking attendant acting on behalf of the local authority may, subject to the provisions of sections 99 and 00 of the 984 Act, remove or arrange for the removal of the vehicle from the road to a place which is not on that or any other road, or may remove it or arrange for its removal to another position on that or another road. (2) Paragraph ()(a) above shall not apply in relation to a vehicle if (a) not more than 5 minutes have elapsed since the end of any period for which the appropriate charge was duly paid at the time of parking; or (b) not more than 5 minutes have elapsed since the end of any unexpired time (in respect of another vehicle) which is available at the relevant parking meter at the time of parking. (3) This regulation applies only in respect of (a) a vehicle which is on a road in, and (b) its removal in and to a place in, Scotland. (4) In this regulation local authority has the same meaning as in section 00(5)(c) of the 984 Act; and parking meter has the same meaning as in section 46(2)(a) of that Act. ] Added by Removal and Disposal of Vehicles (Amendment) Regulations 998/209 reg.3 (October 5, 998) Pt II reg. 5B()-(4) definition of "parking meter": England, Wales, Scotland [ 5C. Power of civil enforcement officers to remove vehicles in a civil enforcement area for parking contraventions in England () 2 [ 4 ] 3 Paragraph (2) applies where (a) a vehicle has been permitted to remain at rest on a road in a civil enforcement area for parking contraventions in England; and (b) a civil enforcement officer has, in accordance with regulation 9 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007, fixed a penalty charge notice to the vehicle or handed such a notice to the person appearing to him to be in charge of the vehicle. (2) Where this paragraph applies, a civil enforcement officer or a person acting under his direction may subject to paragraph (3) remove the vehicle concerned (a) to another position on the road where it is found; (b) to another road; or (c) to a place which is not on a road. (3) The power conferred by paragraph (2) is not exercisable where the vehicle concerned is in a parking place and a penalty charge notice has been served as mentioned in paragraph ()(b) in respect of a contravention consisting of, or arising out of, a failure (a) to pay a parking charge with respect to the vehicle;

10 SI 986/83 Page 0 (b) properly to display a ticket or parking device; or (c) to remove the vehicle from the parking place by the end of the period for which the appropriate charge was paid, until the appropriate period has elapsed since the giving of that penalty charge notice in respect of the contravention. (4) In this regulation the appropriate period means (a) in the case of a vehicle as respects which there are 3 or more penalty charges outstanding, 5 minutes; (b) in any other case 30 minutes; civil enforcement area for parking contraventions and civil enforcement officer have the same meanings as in the Traffic Management Act 2004 (see Schedule 8 and section 76 of that Act); outstanding in relation to a penalty charge has the same meaning as in the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (see regulation 2(2), (3) and (4) of those Regulations); parking place has the meaning given by section 79(7) of the Traffic Management Act 2004; penalty charge has the same meaning as in the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (see regulation 2() of those Regulations); and penalty charge notice has the same meaning as in the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (see regulation 8() of those Regulations). ] Added by Removal and Disposal of Vehicles (Amendment) (England) Regulations 2007/3484 reg.4 (March 3, 2008) In relation to England: reg.5c is inserted. Added by Removal and Disposal of Vehicles (Amendment) (Wales) Regulations 2008/62 reg.2(2) (March 3, 2008: insertion has effect subject to savings specified in SI 2008/62 reg.(2)) In relation to Wales: 5C. Power of civil enforcement officers to remove vehicles in a civil enforcement area in Wales () Paragraph (2) applies where (a) a vehicle has been permitted to remain at rest on a road in a civil enforcement area in Wales; and (b) a civil enforcement officer has, in accordance with Regulation 5 of the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008, fixed a penalty charge notice to the vehicle or handed such a notice to the person appearing to him or her to be in charge of the vehicle. (2) Where this paragraph applies, a civil enforcement officer or a person acting under his or her direction may subject to paragraph (3) remove the vehicle concerned (a) to another position on the road where it is found; (b) to another road; or (c) to a place which is not on a road.

11 SI 986/83 Page (3) The power conferred by paragraph (2) is not exercisable where the vehicle concerned is in a parking place and a penalty charge notice has been served as mentioned in paragraph ()(b) in respect of a contravention consisting of, or arising out of, a failure (a) to pay a parking charge with respect to the vehicle; (b) to properly display a ticket or parking device; or (c) to remove the vehicle from the parking place by the end of the period for which the appropriate charge was paid, until the appropriate period has elapsed since the giving of that penalty charge notice in respect of the contravention. (4) In this regulation the appropriate period means (a) in the case of a vehicle as respects which there are 3 or more penalty charges outstanding, 5 minutes; (b) in any other case, 30 minutes; civil enforcement area and civil enforcement officer have the same meanings as in the Traffic Management Act 2004 (see Schedule 8 and section 76 of that Act); outstanding in relation to a penalty charge has the same meaning as in regulations 2(2), (3) and (4) of the Civil Enforcement of Parking Contraventions (General Provisions) (Wales) Regulations 2008; parking place has the meaning given by section 79(7) of the Traffic Management Act 2004; penalty charge means a penalty charge relating to a parking contravention in accordance with regulation 3 of the Civil Enforcement of Parking Contraventions (General Provisions) (Wales) Regulations penalty charge notice has the same meaning as in regulation 4 of the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations Pt II reg. 5C()-(4) definition of "penalty charge notice": England, Wales, Scotland 6. Method of removing vehicles Any person removing or moving a vehicle under [ regulation 4, 4A or 5 of these Regulations ] may do so by towing or driving the vehicle or in such other manner as he may think necessary and may take such measures in relation to the vehicle as he may think necessary to enable him to remove or move it as aforesaid. [ 3 ] Words substituted by Removal and Disposal of Vehicles (Amendment) Regulations 993/278 reg.4 (June, 993) Words inserted by Removal and Disposal of Vehicles (Amendment) (Scotland) Regulations 999/490 reg.4 (March 24, 999) In relation to Scotland: 6. Method of removing vehicles Any person removing or moving a vehicle under regulation 4, 4A, 4B or 5 of these Regulations may do so by towing or driving the vehicle or in such other manner as he may think necessary and may take such measures in relation to the vehicle as he may think necessary to enable him to remove or move it as aforesaid. Pt II reg. 6: April, 986

12 SI 986/83 Page 2 Pt II reg. 6: England, Wales, Scotland 7. Exception for Severn Bridge [ Regulations 3, 4, 4A and 5 ] of these Regulations shall not apply in relation to any vehicle while on the central section of the specified carriage ways (as defined in section of the Severn Bridge Tolls Act 965) of a road which crosses the Rivers Severn and Wye. [ 3 ] Words substituted by Removal and Disposal of Vehicles (Amendment) Regulations 993/278 reg.5 (June, 993) Substituted by Severn Bridges Regulations 996/36 Pt III reg.2(5) (June 5, 996) In relation to England and Wales: 7. Exception for Severn Bridge Regulations 3, 4, and 4A and 5 of these Regulations shall not apply in relation to any vehicle while it is on the specified roads as defined by regulation 3 of the Severn Bridges Regulations 996. Pt II reg. 7: April, 986 Pt II reg. 7: England, Wales, Scotland 8. Manner of giving notice to occupier of land before removing a vehicle therefrom For the purpose of section 99(3) of the 984 Act, the manner in which the authority shall give notice to a person who appears to them to be an occupier of land on which there is a vehicle which the authority propose to remove, shall be as follows: () the notice shall be given in the form set out in Schedule 2 hereto or a form substantially to the like effect; (2) the notice shall be addressed to the person who appears to be the occupier by name or by the description of the occupier of the land (describing it); (3) the notice shall be given (a) by delivering it to the person who appears to be the occupier; (b) by leaving it at his usual or last known place of abode; (c) by sending it in a prepaid registered letter, or by the recorded delivery service, and addressed to him at his usual or last known place of abode; (d) if the person who appears to be the occupier is an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office; or

13 SI 986/83 Page 3 (e) by sending it, marked clearly and legibly upon the notice and upon the envelope containing it with the words Important This Communication affects your property, to the land in a prepaid registered letter or by the recorded delivery service (providing the notice is not returned to the authority sending it), or by delivering it, so marked, to some person on the land, or by affixing it, so marked, to some object on the land. Pt II reg. 8()-(3)(e): April, 986 Pt II reg. 8()-(3)(e): England, Wales, Scotland 9. Manner and period during which occupier of land may object () For the purpose of section 99(3) of the 984 Act (a) the manner in which a person who appears to an authority to be an occupier of land on which there is a vehicle which the authority propose to remove may object to a proposal by the authority to remove the vehicle shall be as follows: (i) the objection shall be in writing; (ii) the objection shall be sent by post addressed to the authority or left at their office. (b) the period during which a person who appears to an authority to be an occupier of land on which there is a vehicle which the authority propose to remove may object shall be 5 days from the day when the notice referred to in the last preceding regulation is served on him. (2) For the purpose of section 3(2) of the 978 Act the period during which a person who appears to an authority to be an occupier of land on which there is a vehicle which the authority propose to remove may object shall be 5 days from the day when the notice mentioned in that section is given to him. Pt II reg. 9()-(2): April, 986 Pt II reg. 9()-(2): England, Wales, Scotland 0. Period before which notice must be affixed to a vehicle in certain cases before removing it for destruction For the purposes of section 3(5) of the 978 Act and section 99(4) of the 984 Act, the period before the commencement of which a notice must be caused to be affixed to a vehicle by an authority who propose to remove it, before they remove it, being a vehicle which in the opinion of the authority is in such a condition that it ought to be destroyed, shall be [ 24 hours ]. [ ]

14 SI 986/83 Page 4 Words substituted by Removal and Disposal of Vehicles (Amendment) (Wales) Regulations 2005/3252 reg.2(2) (November 25, 2005) Pt II reg. 0: April, 986 Pt II reg. 0: England, Wales, Scotland PART III DISPOSAL OF ABANDONED VEHICLES. Interpretation of Part III In this Part of these Regulations, unless the contrary intention appears, the following expressions have the meaning hereby assigned to them respectively, that is to say description of the place of abandonment, in relation to a vehicle, means a description of the place at which that vehicle appears or appeared to be abandoned which will be sufficient to enable that place to be identified after the vehicle has been removed therefrom; H.P. Information Ltd. means Hire Purchase Information Limited, being a company incorporated under the Companies Act 948; owner, in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement, includes the person entitled to possession of the vehicle under the agreement; G.B. registration mark means a registration mark issued in relation to a vehicle under the Vehicles (Excise) Act 97; specified information, in relation to a vehicle, means such of the following information as can be or could have been ascertained from an inspection of the vehicle, or has been ascertained from any other source, that is to say (a) in the case of a vehicle which carried a G.B. registration mark, or a mark indicating registration in a country outside Great Britain, particulars of such mark; and (b) the make of the vehicle. Pt III reg. definition of "description of the place of abandonment"- definition of "specified information" (b): April, 986 Pt III reg. definition of "description of the place of abandonment"- definition of "specified information" (b): England, Wales, Scotland

15 SI 986/83 Page 5 2. Steps to be taken to find the owners of certain vehicles () For the purposes of section 4()(c) of the 978 Act and section 0(3)(c) of the 984 Act, the steps to be taken by an authority to find a person appearing to them to be the owner of the vehicle in a case to which either of those paragraphs applies shall be such of the following steps as are applicable to the vehicle: (a) if the vehicle carried a G.B. registration mark (i) the authority shall ascertain from the records maintained by the Secretary of State in connection with any functions exercisable by him by virtue of the Vehicles (Excise) Act 97 the name and address of the person by whom the vehicle is kept and used; (ii) the authority shall, where they have found the name and address of a person who may be the owner of the vehicle from the records maintained by the Secretary of State as aforesaid, send a notice to that person in the manner prescribed by the next following regulation giving the specified information, stating whether the vehicle has been removed from the place at which it appeared to have been abandoned, and if so to what place, stating that if he is the owner of the vehicle they require him to remove the vehicle from their custody on or before a specified date, being the date when the relevant period prescribed by regulation 4 of these Regulations will expire, and stating that unless it is removed by him on or before that date they intend to dispose of it; and (iii) the authority shall give the specified information and a description of the place of abandonment to the chief officer of the police force in whose area is the place at which the vehicle appeared to have been abandoned (unless the authority is that officer) and the specified information to H.P. Information Ltd., and shall enquire of each person to whom the information is given whether that person can make any enquiries to find the owner of the vehicle; (b) if the vehicle does not carry a G.B. registration mark but carries a mark indicating registration in Northern Ireland the authority shall give the specified information and a description of the place of abandonment to the chief officer of the police force in whose area is the place at which the vehicle appeared to have been abandoned (unless the authority is that officer) and to the Secretary of State for Transport and the specified information to H.P. Information Ltd., and shall enquire of each person to whom the information is given whether that person can make any enquiries to find the owner of the vehicle; (c) if the vehicle does not carry a G.B. registration mark but carries a mark indicating registration in the Republic of Ireland, the authority shall give the specified information and a description of the place of abandonment to the Secretary of State for Transport, and to the chief officer of the police force in whose area is the place at which the vehicle appeared to have been abandoned (unless the authority is that officer), and shall enquire of each person to whom the information is given whether that person can make any enquiries to find the owner of the vehicle; (d) if the vehicle does not carry a G.B. registration mark but carries a mark indicating registration in the Channel Islands, the Isle of Man, or any country not mentioned in the foregoing sub-paragraphs of this paragraph, the authority shall give the specified information and a description of the place of abandonment to the chief officer of the police force in whose area is the place at which the vehicle appeared to have been abandoned (unless the authority is that officer), and the specified information to H.P. Information Ltd., and shall

16 SI 986/83 Page 6 enquire of each person to whom the information is given whether that person can make any enquiries to find the owner of the vehicle; (e) if the vehicle does not carry a G.B. registration mark or any other registration mark, then (i) if the authority is the chief officer of the police force in whose area is the place at which the vehicle appeared to have been abandoned, that officer shall apply to the local authority in whose area is that place, giving the specified information and enquiring whether that authority has any information as to who is the owner of the vehicle; or (ii) if the authority is the local authority in whose area is the place at which the vehicle appeared to have been abandoned, the authority shall apply to the chief officer of the police force in whose area is that place, giving the specified information and enquiring whether that officer has any information as to who is the owner of the vehicle. For the purposes of this sub-paragraph local authority means (aa) in relation to England, the council of a county, a metropolitan district or a London borough, or the Common Council of the City of London or an authority established under section 0 of the Local Government Act 985; (bb) in relation to Scotland, a regional or islands or district Council; and (cc) in relation to Wales, the council of a district. [ 2 ] [ 4 ] 3 (2) Nothing in the foregoing provisions of this regulation shall require an authority to take any such step as is therein mentioned if they have found a person who appears to them to be the owner of that vehicle and they have sent him a notice in the manner prescribed by the next following regulation containing the specified information, stating that if he is the owner of that vehicle they require him to remove the vehicle from their custody on or before a specified date, being the date when the relevant period prescribed by regulation 4 of these Regulations will expire, and stating that unless it is removed by him on or before that date they intend to dispose of it. 2 Words substituted by Local Government Reorganisation (Wales) (Consequential Amendments No.2) Order 996/008 Sch.(II) para.6 (April 29, 996) In relation to England and Wales: 3 (e) if the vehicle does not carry a G.B. registration mark or any other registration mark, then (i) if the authority is the chief officer of the police force in whose area is the place at which the vehicle appeared to have been abandoned, that officer shall apply to the local authority in whose area is that place, giving the specified information and enquiring whether that authority has any information as to who is the owner of the vehicle; or (ii) if the authority is the local authority in whose area is the place at which the vehicle appeared to have been abandoned, the authority shall apply to the chief officer of the police force in whose area is that place, giving the specified information and enquiring whether that officer has any information as to who is the owner of the vehicle. For the purposes of this sub-paragraph local authority means (aa) in relation to England, the council of a county, a metropolitan district or a London borough, or the Common Council of the City of London or an authority established under section 0 of the Local Government Act 985; (bb) in relation to Scotland, a regional or islands or district Council; and (cc) in relation to Wales, the council of a county or county borough. Words inserted by National Park Authorities (England) Order 996/243 Sch.5(II) para.0 (June 4, 996)

17 SI 986/83 Page 7 4 In relation to England: Pt III reg. 2()-(2): April, 986 (e) if the vehicle does not carry a G.B. registration mark or any other registration mark, then (i) if the authority is the chief officer of the police force in whose area is the place at which the vehicle appeared to have been abandoned, that officer shall apply to the local authority in whose area is that place, giving the specified information and enquiring whether that authority has any information as to who is the owner of the vehicle; or (ii) if the authority is the local authority in whose area is the place at which the vehicle appeared to have been abandoned, the authority shall apply to the chief officer of the police force in whose area is that place, giving the specified information and enquiring whether that officer has any information as to who is the owner of the vehicle. For the purposes of this sub-paragraph local authority means (aa) in relation to England, the council of a county, a metropolitan district or a London borough, or the Common Council of the City of London or an authority established under section 0 of the Local Government Act 985 or a National Park authority; (bb) in relation to Scotland, a regional or islands or district Council; and (cc) in relation to Wales, the council of a district. Pt III reg. 2()-()(e)(ii), ()(e)(cc)-(2): England, Wales, Scotland Pt III reg. 2()(e)(aa)-()(e)(bb): (extent not available) 3. Manner of serving notice on owner requiring removal of vehicle For the purposes of section 4()(c)(ii) of the 978 Act and section 0(3)(c)(ii) of the 984 Act, a notice requiring a person who appears to an authority to be the owner of a vehicle to remove the vehicle from their custody shall be served (a) by delivering it to the person who appears to be the owner; (b) by leaving it at his usual or last known place of abode; (c) by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to him at his usual or last known place of abode; or (d) if the person who appears to be the owner is an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office. Pt III reg. 3(a)-(d): April, 986 Pt III reg. 3(a)-(d): England, Wales, Scotland

18 SI 986/83 Page 8 4. Period during which owner may remove vehicle before it can be disposed of For the purposes of section 4()(c)(ii) of the 978 Act and section 0(3)(c)(ii) of the 984 Act, the period during which a person on whom the notice referred to in paragraph ()(a)(ii) or (2) of regulation 2 of these Regulations has been served shall be required to remove the vehicle of which he appears to the authority serving the notice to be the owner from their custody shall be, in the case of a first or only notice served by the authority in respect of any vehicle, [ 7 days from the day when that notice is served on that person ]. [ 3 ] 2 [ 5 ] Words substituted by Removal and Disposal of Vehicles (Amendment) (Wales) Regulations 2005/3252 reg.2(3) (November 25, 2005) Words substituted by Removal and Disposal of Vehicles Amendment (Scotland) Regulations 2002/538 (Scottish SI) reg.4 (January 5, 2003) In relation to Scotland: Period during which owner may remove vehicle before it can be disposed of For the purposes of section 4()(c)(ii) of the 978 Act and section 0(3)(c)(ii) of the 984 Act, the period during which a person on whom the notice referred to in paragraph ()(a)(ii) or (2) of regulation 2 of these Regulations has been served shall be required to remove the vehicle of which he appears to the authority serving the notice to be the owner from their custody shall be 7 days from the day when that notice is served on him. Words substituted by Removal and Disposal of Vehicles (England)(Amendment) Regulations 2002/746 reg.4 (April 9, 2002) In relation to England: 4. Period during which owner may remove vehicle before it can be disposed of For the purposes of section 4()(c)(ii) of the 978 Act and section 0(3)(c)(ii) of the 984 Act, the period during which a person on whom the notice referred to in paragraph ()(a)(ii) or (2) of regulation 2 of these Regulations has been served shall be required to remove the vehicle of which he appears to the authority serving the notice to be the owner from their custody shall be 7 days from the day when that notice is served on him. Pt III reg. 4: April, 986 Pt III reg. 4: England, Wales, Scotland 5. Information to be given relating to the disposal of a vehicle () For the purpose of section 0(7) of the 984 Act, after a vehicle has been disposed of the authority by whom it was disposed of shall give information relating to the disposal of the vehicle (a) if the vehicle carried a G.B. registration mark, to the Secretary of State for Transport, the chief officer of the police force in whose area is the place at which the vehicle appeared to have been abandoned (unless that officer is that authority), and H.P. Information Ltd.;

19 SI 986/83 Page 9 (b) if the vehicle did not carry a G.B. registration mark but carried a mark indicating registration in Northern Ireland, to the chief officer of the police force in whose area is the place at which the vehicle appeared to have been abandoned (unless the authority is that officer), to the Secretary of State for Transport, to the Secretary of State for Northern Ireland, Belfast, Northern Ireland, and to H.P. Information Ltd.; (c) if the vehicle did not carry a G.B. registration mark but carried a mark indicating registration in the Republic of Ireland, to the Secretary of State for Transport, to the Commissioners of Customs and Excise, to the chief officer of the police force in whose area is the place at which the vehicle appeared to have been abandoned (unless the authority is that officer), and to H.P. Information Ltd.; (d) if the vehicle did not carry a G.B. registration mark but carried a mark indicating registration in the Channel Islands, the Isle of Man or any country not mentioned in the foregoing sub-paragraphs of this paragraph, to the Commissioners of Customs and Excise, and to the chief officer of the police force in whose area is the place at which the vehicle appeared to have been abandoned (unless the authority is that officer); (e) if the vehicle did not carry a G.B. registration mark or any other registration mark, to the chief officer of the police force in whose area is the place at which the vehicle appeared to have been abandoned (unless the authority is that officer) and to the local authority in whose area is that place (unless the authority is that local authority). For the purposes of this paragraph local authority means (i) in relation to England, the council of a county, a metropolitan district or a London borough, or the Common Council of the City of London or an authority established under Section 0 of the Local Government Act 985; (ii) in relation to Scotland, a regional or islands or district council;and (iii) in relation to Wales, the council of a district; and [ 2 ] (f) in the case of any vehicle, to any person who appears to the authority to have been the owner of the vehicle immediately before it was disposed of. (2) In this regulation information relating to the disposal of a vehicle means (a) any information which is sufficient to relate the information now being given to any information previously given to the same person in respect of the removal, storage or disposal of the vehicle; (b) such of the specified information as has not been previously given to the same person in respect of the removal, storage or disposal of the vehicle; and (c) information as to whether the vehicle was disposed of by destruction or by sale and if by sale the amount of the proceeds thereof. 2 Words substituted by Local Government Reorganisation (Wales) (Consequential Amendments No.2) Order 996/008 Sch.(II) para.6 (April 29, 996) In relation to England and Wales: (e) if the vehicle did not carry a G.B. registration mark or any other registration mark, to the chief officer of the police force in whose area is the place at which the vehicle appeared to have been abandoned (unless the authority is that officer) and to the local authority in whose area is that place (unless the authority is that local authority). For the purposes of this paragraph local authority means

20 SI 986/83 Page 20 and (i) in relation to England, the council of a county, a metropolitan district or a London borough, or the Common Council of the City of London or an authority established under Section 0 of the Local Government Act 985; (ii) in relation to Scotland, a regional or islands or district council;and (iii) in relation to Wales, the council of a county or county borough; Pt III reg. 5()-(2)(c): April, 986 Pt III reg. 5()-(2)(c): England, Wales, Scotland 6. Period during which owner may remove vehicle before it is disposed of For the purposes of section 4(5) of the 978 Act and section 0(4) of the 984 Act, the period during which a person who has satisfied an authority that he is the owner of a vehicle which is in their custody shall be permitted to remove it from their custody shall be the period commencing on the day when the authority became satisfied that he was the owner and ending on the expiration of the seventh day after that day, or at the time when the vehicle is disposed of, whichever is the later. Pt III reg. 6: April, 986 Pt III reg. 6: England, Wales, Scotland 3rd February th February th February 986. Nicholas Ridley, Secretary of State for Transport. Malcolm Rifkind, Secretary of State for Scotland. Nicholas Edwards, Secretary of State for Wales.

21 SI 986/83 Page 2 SCHEDULE CERTAIN ENACTMENTS BY OR UNDER WHICH ARE IMPOSED PROHIBITIONS OR RESTRICTIONS ON THE WAITING OF VEHICLES ON ROADS Regulation 3 Section 62 of the Roads (Scotland) Act 984 (which permits a roads authority in Scotland to regulate traffic on its roads). Section 52 of the Metropolitan Police Act 839 and section 22 of the local Act of the second and third year of the reign of Queen Victoria, chapter 94 (relating to the prevention of obstruction in streets in London). Section 2 of the Town Police Clauses Act 847 (relating to the prevention of obstruction in streets in England and Wales elsewhere than in London). Section 2 of the Parks Regulation (Amendment) Act 926 (authorising the making of regulations as to Royal Parks). Section 22 of the Road Traffic Act 972 (which makes it an offence to fail to conform to the indications given by certain traffic signs). Section of the 984 Act (which authorises the making of orders regulating traffic on roads outside Greater London), and, as respects Scotland, paragraph 7 of Schedule 0 to the 984 Act (which provides that any byelaw made under section 04 of the Roads and Bridges (Scotland) Act 878, or paragraphs () and (3) of section 385 of the Burgh Police (Scotland) Act 892, which was in force at the commencement of the Road Traffic Regulation Act 967, shall continue in force and have effect as if it were an order made under section of the 984 Act). Section 6 of the 984 Act (authorising the making of orders regulating traffic on roads in Greater London). Section 9 of the 984 Act (authorising the making of experimental traffic orders). Section 2 of the 984 Act (relating to experimental traffic schemes in Greater London). Section 4 of the 984 Act (which provides for the restriction or prohibition of the use of roads in consequence of the execution of works). [ Section 6A of the Road Traffic Regulation Act 984 (which provides for the restriction or prohibition of the use of roads in connection with the holding of certain special events). ] Section 7 of the 984 Act (authorising the making of regulations with respect to the use of special roads). Section 25 of the 984 Act (authorising the making of regulations for crossings for foot passengers). Section 35 and 45 to 49 of the 984 Act (relating to parking places for vehicles). Section 57 of the 984 Act (relating to the provision of parking places in England and Wales for bicycles and motor cycles). Section 66 and 67 of the 984 Act (which empower the police to place traffic signs relating to local traffic regulations and temporary signs for dealing with traffic congestion and danger). Any enactment contained in any local Act for the time being in force, and any byelaw having effect under any enactment for the time being in force, being an enactment or byelaw imposing or authorising the imposition of a prohibition or restriction similar to any

22 SI 986/83 Page 22 prohibition or restriction which is or can be imposed by or under any of the above-mentioned enactments. Words inserted by Removal and Disposal of Vehicles (Amendment) Regulations 994/503 reg.2(2) (July 4, 994) Sch. para. : April, 986 Sch. para. : England, Wales, Scotland SCHEDULE 2 FORM OF NOTICE TO OCCUPIER OF LAND BEFORE REMOVING ABANDONED VEHICLES Sch. 2 para. : April, 986 [ Form not available in online format. Please see original printed copy. ] Sch. 2 para. : England, Wales, Scotland Regulation 8 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations make provision for the removal and disposal of vehicles under sections 3 and 4 of the Refuse Disposal (Amenity) Act 978, and under sections 99 and 0 of the Road Traffic Regulation Act 984. Regulation 3 empowers a constable to require the removal of a vehicle which has broken down or been parked in a road obstructively or dangerously, or contrary to any statutory prohibition contained in or having effect under any enactment specified in Schedule. Regulation 4 empowers a constable to remove a vehicle which he could require to be removed, or which has been abandoned on a road or on land in the open air.

23 SI 986/83 Page 23 Regulation 5 empowers a local authority to remove a vehicle from a road or land in the open air in a case in which they have no duty to remove it under section 3 of the Refuse Disposal (Amenity) Act 978. Regulation 8 and Schedule 2 prescribe the manner of giving notice to an occupier of land before a vehicle is removed therefrom, and regulation 9 prescribes the manner in and period during which the occupier may object. Regulation 0 prescribes 7 days as the period before which a notice must be affixed in certain cases to a vehicle which is fit only for destruction before an authority may remove it. Regulations 2 to 4 prescribe the procedure for finding the owner of an abandoned vehicle (other than a vehicle which is fit only for destruction) before it is disposed of. Regulation 5 prescribes the information which must be given about the disposal of a vehicle and to whom it must be given. Charges for the removal, storage and disposal of vehicles are prescribed in the Removal, Storage and Disposal of Vehicles (Charges) Regulations 985 (S.I. 985/66).

24 SI 986/83 Page 24 Modifications Whole Document Pt II reg. 3(2) Pt II reg. 4 Pt II reg. 5 Pt II reg. 7 Pt II reg. 8 Pt II reg. 9() Pt II reg. 9(2) Pt II reg. 0 Pt III reg. 2() Pt III reg. 2()(a) Pt III reg. 2()(aa) Pt III reg. 2()(b) Pt III reg. 2()(c) Pt III reg. 2()(d) Pt III reg. 2()(e) Pt III reg. 2(2) Pt III reg. 3 New Forest National Park Authority (Establishment) Order 2005/42, Sch. 3(2) para. 9 South Downs National Park Authority (Establishment) Order 200/497, Sch. 3(2) para. 8 M6 Toll (Collection of Tolls) Regulations 2003/286, Sch. 2 para. () M6 Toll (Collection of Tolls) Regulations 2003/286, Sch. 2 para. (2) 2(II) para. (a) 2(II) para. (b) 2(II) para. (c) 2(II) para. (d) 2(II) para. (e) 2(II) para. (f) 2(II) para. (g) 2(II) para. (h)(i) 2(II) para. (h)(ii) 2(II) para. (h)(i) 2(II) para. (h)(ii) 2(II) para. (h)(i) 2(II) para. (h)(ii) 2(II) para. (h)(i) 2(II) para. (h)(ii) 2(II) para. (h)(i) 2(II) para. (h)(ii) 2(II) para. (i) 2(II) para. (j) 2(II) para. (k)

25 SI 986/83 Page 25 Pt III reg. 4 Pt III reg. 5 Pt III reg. 6 2(II) para. (l) 2(II) para. (m) 2(II) para. (n)

26 SI 986/83 Page 26 Table of Contents Removal and Disposal of Vehicles Regulations 986/ Preamble Part I GENERAL reg., citation and revocation reg. 2 Interpretation Part II REMOVAL OF VEHICLES reg. 3 Power of constable to require removal of vehicles from roads reg. 4 Power of constable to remove vehicles reg. 4A Power of traffic warden to remove vehicles reg. 4B Power of traffic warden to remove vehicles reg. 5 Power of local authority to remove certain vehicles reg. 5A reg. 5B reg. 5C Power of civil enforcement officers to remove vehicles in a civil enforcement area for parking contraventions in England reg. 6 Method of removing vehicles reg. 7 Exception for Severn Bridge reg. 8 Manner of giving notice to occupier of land before removing a vehicle therefrom reg. 9 Manner and period during which occupier of land may object reg. 0 Period before which notice must be affixed to a vehicle in certain cases before removing it for destruction Part III DISPOSAL OF ABANDONED VEHICLES reg. Interpretation of Part III reg. 2 Steps to be taken to find the owners of certain vehicles reg. 3 Manner of serving notice on owner requiring removal of vehicle reg. 4 Period during which owner may remove vehicle before it can be disposed of. 8 reg. 5 Information to be given relating to the disposal of a vehicle reg. 6 Period during which owner may remove vehicle before it is disposed of Signatures Schedule CERTAIN ENACTMENTS BY OR UNDER WHICH ARE IMPOSED PROHIBITIONS OR RESTRICTIONS ON THE WAITING OF VEHICLES ON ROADS para Schedule 2 FORM OF NOTICE TO OCCUPIER OF LAND BEFORE REMOVING ABANDONED VEHICLES para Explanatory Note para

27 SI 986/83 Page 27 Modifications Table of Contents