Chwilio Deddfwriaeth

Road Traffic Act 1991

Changes over time for: Section 71

 Help about opening options

Version Superseded: 05/09/2005

Alternative versions:

Status:

Point in time view as at 01/09/2005. This version of this provision has been superseded. Help about Status

Close

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

Road Traffic Act 1991, Section 71 is up to date with all changes known to be in force on or before 27 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

71 Representations in relation to removal or immobilisation of vehicles.E+W+S

(1)The owner or person in charge of a vehicle who—

(a)removes it from the custody of a London authority in accordance with subsection (4A) of section 101 of the M1Road Traffic Regulation Act 1984 (ultimate disposal of vehicles abandoned and removable under that Act);

(b)receives any sum in respect of the vehicle under subsection (5A) of that section;

(c)is informed that the proceeds of sale of the vehicle did not exceed the aggregate amount mentioned in subsection (5A) of that section; or

(d)secures its release from an immobilisation device in accordance with section 69(4) of this Act,

shall thereupon be informed of his right under this section to make representations to the relevant authority and of the effect of section 72 of this Act.

(2)The relevant authority shall give that information, or shall cause it to be given, in writing.

(3)Any person to whom subsection (1) above applies may make representations to the relevant authority on one or more of the grounds mentioned in subsection (4) below.

(4)The grounds are—

(a)that there were no reasonable grounds for the parking attendant concerned to believe that the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act;

(b)that the vehicle had been permitted to remain at rest in the parking place by a person who was in control of the vehicle without the consent of the owner;

(c)that the place in which the vehicle was at rest was not a designated parking place;

(d)in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, section 69 of this Act did not apply to the vehicle at the time in question; or

(e)that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.

(5)An authority may disregard any representations which are received by them after the end of the period of 28 days beginning with the date on which the person making them is informed, under subsection (1) above, of his right to make representations.

(6)It shall be the duty of an authority to whom representations are duly made under this section, before the end of the period of 56 days beginning with the date on which they receive the representations—

(a)to consider them and any supporting evidence which the person making them provides; and

(b)to serve on that person notice of their decision as to whether they accept that the ground in question has been established.

(7)Where an authority serve notice under subsection (6)(b) above that they accept that a ground has been established they shall (when serving that notice) refund any sums—

(a)paid under subsection (4A) of section 101 of the Act of 1984 when the vehicle was removed from the custody of the authority;

(b)deducted from the proceeds of sale of the vehicle under subsection (5A) of that section; or

(c)paid under section 69(4) of this Act when the vehicle was released,

except to the extent (if any) to which those sums were properly paid or deducted.

(8)Where an authority serve notice under subsection (6)(b) above that they do not accept that a ground has been established, that notice shall—

(a)inform the person on whom it is served of his right to appeal to a parking adjudicator under section 72 of this Act;

(b)indicate the nature of a parking adjudicator’s power to award costs against any person appealing to him under that section; and

(c)describe in general terms the form and manner in which such an appeal is required to be made.

(9)Where an authority fail to comply with subsection (6) above before the end of the period of 56 days mentioned there—

(a)they shall be deemed to have accepted that the ground in question has been established and to have served notice to that effect under subsection (7) above; and

(b)subsection (7) above shall have effect as if it required any refund to be made immediately after the end of that period.

(10)A person who makes any representation under this section or section 72 of this Act which is false in a material particular and does so recklessly or knowing it to be false in that particular is guilty of an offence.

(11)Any person convicted of an offence under subsection (10) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(12)Any notice required to be served under this section may be served by post.

(13)Where the person on whom any document is required to be served by subsection (6) above is a body corporate, the document is duly served if it is sent by post to the secretary or clerk of that body.

(14)In this section and in section 72 of this Act “relevant authority” has the same meaning as in section 69(8) of this Act.

Modifications etc. (not altering text)

C2S. 71 applied (with modifications): (20.5.1996) by S.I. 1996/1171, art. 4, Sch. 1; (3.2.1997) by S.I. 1996/2650, art. 4, Sch. 2

S. 71 applied (with modifications): (3.3.1997) by S.I. 1997/56, art. 5, Sch. 3; (29.9.1997) by S.I. 1997/2078, art. 5, Sch. 3; (27.10.1997) by S.I. 1997/2304, art. 5, Sch. 1

S. 71 applied (with modifications) (5.10.1998) by S.I. 1998/1539, art. 4, Sch. 2 paras. 2-5(as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 21(3) (with sch. 1))

S. 71 applied (with modifications) (19.1.1999) by S.I. 1998/3207, art. 4, Sch. 1

S. 71 applied (with modifications): (5.4.1999) by S.I. 1999/131, art. 5, Sch. 2; (5.4.1999) by S.I. 1999/768, art. 5, Sch. 1; (10.5.1999) by S.I. 1999/1112, art. 5, Sch. 1; (S.) (4.10.1999) by S.S.I. 1999/59, art. 4, Sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 20(3) (with sch. 1)); (3.1.2000) by S.I. 1999/3313, art. 5, Sch. 1; (4.1.2000) by S.I. 1999/3314, art. 5, Sch. 1; (10.1.2000) by S.I. 1999/3401, art. 5, Sch. 1; (10.1.2000) by S.I. 1999/3402, art. 5, Sch. 1; (10.1.2000) by S.I. 1999/3403, art. 5, Sch. 1; (10.1.2000) by S.I. 1999/3404, art. 5, Sch. 1; (10.1.2000) by S.I. 1999/3405, art. 5, Sch. 1

S. 71 applied (with modifications): (1.2.2000) by S.I. 2000/8, art. 5, Sch. 2; (1.4.2000) by S.I. 2000/699, art. 5, Sch. 1; (3.4.2000) by S.I. 2000/722, art. 5, Sch. 1; (10.4.2000) by S.I. 2000/791, art. 5, Sch. 1; (1.9.2000) by S.I. 2000/2120, art. 5, Sch. 1; (4.9.2000) by S.I. 2000/2169, art. 5, Sch. 1; (2.10.2000) by S.I. 2000/2430, art. 5, Sch. 1; (8.10.2000) by s.I. 2000/2534, art. 5, Sch. 1; (30.10.2000) by S.I. 2000/1719, art. 5, Sch. 1; (13.11.2000) by S.I. 2000/2871, art. 5, Sch. 3; (15.1.2001) by S.I. 2000/3317, art. 5, Sch. 1

S. 71 applied (with modifications): (23.1.2001) by S.I. 2001/1, art. 5, Sch. 1; (19.2.2001) by S.I. 2001/180, art. 5, Sch. 1; (1.4.2001) by S.I. 2001/787, art. 5, Sch. 1; (1.4.2001) by S.I. 2001/849, art. 5, Sch. 1; (2.4.2001) by S.I. 2001/894, art. 5, Sch. 1; (1.9.2001) by S.I. 2001/1427, art. 5, Sch. 1; (1.7.2001) by S.I. 2001/1789, art. 5, Sch. 1; (2.7.2001) by S.I. 2001/1855, art. 5, Sch. 1; (2.7.2001) by S.I. 2001/1856, art. 5, Sch. 1; (16.7.2001) by S.I. 2001/2272, art. 5, Sch. 1; (3.9.2001) by S.I. 2001/2818, art. 5, Sch. 1; (3.9.2001) by S.I. 2001/2819, art. 5, Sch. 1; (3.9.2001) by S.I. 2001/2883, art. 5, Sch. 1; (1.10.2001) by S.I. 2001/3058, art. 5, Sch. 1; (1.10.2001) by S.I. 2001/3059, art. 5, Sch. 1; (5.11.2001) by S.I. 2001/3397, art. 5, Sch. 1; (26.11.2001) by S.I. 2001/3565, art. 5, Sch. 1

S. 71 applied (with modifications): (4.2.2002) by S.I. 2002/37, art. 5, Sch. 1; (25.2.2002) by S.I. 2002/126, art. 5, Sch. 1; (4.3.2002) by S.I. 2002/276, art. 5, Sch. 1; (25.3.2002) by S.I.2002/421, art. 5, Sch. 1; (2.4.2002) by S.I.2002/422, art. 5, Sch. 1; (5.6.2002) by S.I.2002/1351, art. 5, Sch. 1; (5.6.2002) by S.I.2002/1352, art. 5, Sch. 1; (1.7.2002) by S.I.2002/1353, art. 5, Sch. 1; (1.7.2002) by S.I.2002/1484, art. 5, Sch. 1; (1.7.2002) by S.I.2002/1485, art. 5, Sch. 1; (1.7.2002) by S.I.2002/1486, art. 5, Sch. 1; (1.7.2002) by S.I.2002/1504, art. 5, Sch. 1; (15.7.2002) by S.I.2002/1621, art. 5, Sch. 1; (S.) (1.10.2002) by S.S.I. 2002/398, art. 4, Sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 19(3) (with sch. 1)); (1.10.2002) by S.I. 2002/2012, art. 5, Sch. 1; (1.10.2002) by S.I. 2002/2183, art. 5, Sch. 1; (1.10.2002) by S.I. 2002/2184, art. 5, Sch. 1; (1.10.2002) by S.I. 2002/2185, art. 5, Sch. 1; (1.10.2002) by S.I. 2002/2186, art. 5, Sch. 1; (1.10.2002) by S.I. 2002/2187, art. 5, Sch. 1; (14.10.2002) by S.I. 2002/2188, art. 5, Sch. 1; (25.11.2002) by S.I. 2002/2705, art. 5, Sch. 1; (20.1.2003) by S.I. 2002/2520, art. 5, Sch. 1; (3.2.2003) by S.I. 2002/3265, art. 6, Sch. 1; (3.2.2003) by S.I. 2002/3266, art. 5, Sch. 1

C5Ss. 69-74 applied (with modifications) (S.) (3.3.2003) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Aberdeen City Council) Designation Order 2003 (S.S.I. 2003/70), arts. 1, 4, sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 18(3) (with sch. 1))

C23Ss. 69-74 applied (with modifications) (1.4.2004) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Dundee City Council) Designation Order 2004 (S.S.I. 2004/87), arts. 1, 4, sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 17(3) (with sch. 1))

C43Ss. 69-74 applied (with modifications) (7.2.2005) by The Road Traffic (Permitted Parking Area and Special Parking Area) (South Lanarkshire Council) Designation Order 2005 (S.S.I. 2005/11), arts. 1, 4, sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 16(3) (with sch. 1))

Marginal Citations

Yn ôl i’r brig

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill