Road Traffic Regulation Act 1984

100 Interim disposal of vehicles removed under s. 99. E+W+S

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Any vehicle removed by the council of a [F2 non-metropolitan] district in England under regulations made under section 99 of this Act shall be delivered by them to the council of the county comprising the district in accordance with such arrangements (including arrangements as to the sharing of any expenses incurred or sums received by the two councils under section 99 of this Act or this section or under section 101 or 102 of this Act) as may be agreed between the two councils or, in default of agreement, as may be determined by the Secretary of State.

(3) Any vehicle removed by a constable in pursuance of any such regulations and appearing to him to have been abandoned may be delivered by the chief officer of the police force to which the constable belongs to a local authority, with the consent of that authority.

[F3 (3A) Any vehicle removed by, or by virtue of arrangements made by, a traffic officer in pursuance of regulations made under section 99 of this Act and appearing to the traffic officer to have been abandoned shall be delivered to the Secretary of State [F4 or a strategic highways company].]

(4) While a vehicle is in the custody of an authority in pursuance of this section or of regulations under section 99 of this Act, other than a vehicle which in the opinion of that authority is in such a condition that it ought to be destroyed, it shall be the duty of that authority to take such steps as are reasonably necessary for the safe custody of the vehicle.

(5) In this section [F5 —]

• “local authority”—

  (a)

  in relation to England, means [F6 the council of a county, metropolitan district or London borough [F7 , the Common Council of the City of London or Transport for London;]];

  (b)

  in relation to Wales, means the council of a county [F8 or county borough]; and

  (c)

  F9 [ in relation to Scotland, means a [F10 council constituted under section 2 of the Local Government etc. (Scotland Act 1994) ]]

• [F11 “ traffic officer ” means an individual designated as such by the Secretary of State, or by a person authorised by the Secretary of State, in accordance with section 2 of the Traffic Management Act 2004; ]

F12 ...“vehicle” has the meaning assigned to it by section 99(5) of this Act.

Textual Amendments

F1 S. 100(1) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17

F2 Word inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(31)(a)

F3 S. 100(3A) inserted (E.) (1.10.2008) by The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008 (S.I. 2008/2367), reg. 13(2)(a)

F4 Words in s. 100(3A) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 92; S.I. 2015/481, reg. 2(a)

F5 "—" in s. 100(5) inserted (E.) (1.10.2008) by The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008 (S.I. 2008/2367), reg. 13(2)(b)(i)

F6 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(31)(b)

F7 Words in s. 100(5)(a) substituted (4.4.2001) by S.I. 2001/1353, art. 4

F8 Words in s. 100(5)(b) substituted (1.4.1996) by c. 19, s. 22(1), Sch. 13 para. 38(8) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(2), 23(3)); S.I. 1996/396, art. 3 Sch. 1

F9 S. 100(5)(c) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59 s. 108), s. 168(1), Sch. 8 para. 68; S.I. 1991/2286, art. 2(2), Sch. 2

F10 Words in s. 100(5)(c) substituted (S.)(1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 38(8); S.I. 1996/323, art. 3(c)

F11 S. 100(5): definition of "traffic officer" inserted (E.) (1.10.2008) by The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008 (S.I. 2008/2367), reg. 13(2)(b)(ii)

F12 Word in s. 100(5) omitted (E.) (1.10.2008) by virtue of The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008 (S.I. 2008/2367), reg. 13(2)(b)(iii)

Modifications etc. (not altering text)

C1 S. 100 extended by Airports Act 1986 (c. 31, SIF 9), s. 66(3)

C2 S. 100: certain functions transferred (31.12.2004) by The National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044), art. 2, Sch. 1

C3 Ss. 100-102: power to amend or apply (with modifications) conferred (E.W.) (4.10.2004 for E. and 1.5.2009 for W.) by Traffic Management Act 2004 (c. 18), ss. 9(2), 99 (with s. 38); S.I. 2004/2380, art. 2(a); S.I. 2009/1095, art. 2(a)

C4 S. 100(3) extended (21.3.1999) by S.I. 1999/854, art. 3(2)(a)(i)