Road Traffic Regulation Act 1984

101 Ultimate disposal of vehicles abandoned and removeable under this Act. E+W

(1) [F1 Subject to subsection (3) and section 101A below], a competent authority may, in such manner as they think fit, dispose of a vehicle which appears to them to be abandoned and which has been, or could at any time be, removed in pursuance of—

(a) an order to which this section applies, or

(b) regulations under section 99 of this Act.

(2) This section applies to the following orders, that is to say—

(a) any order under section 35 of this Act;

(b) any order relating to a parking place designated under section 45 of this Act; and

(c) any order containing a provision having effect by virtue of section 53(3) of this Act.

(3) The time at which a competent authority may dispose of a vehicle under subsection (1) above is as follows, that is to say—

(a) in the case of a vehicle which in their opinion is in such a condition that it ought to be destroyed; F2 . . .

[F3 (b) in the case of a vehicle, not falling within paragraph (a), which—

(i) does not display a licence (whether current or otherwise and whether or not the vehicle is required to display a licence), and

(ii) does not display any registration mark (whether indicating registration within or outside the United Kingdom),

at any time after its removal;]

(c) in any other case, any time after such steps as may be prescribed have been taken by a competent authority (or partly by one competent authority and partly by the other) to find a person appearing to the authority taking such steps to be the owner of the vehicle and either—

(i) they have failed to find such a person, or

(ii) he has failed to comply with a notice served on him in the prescribed manner by a competent authority requiring him to remove the vehicle from their custody within the prescribed period.

F4 . . .

(4) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5A) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The Secretary of State may by regulations require an authority by whom a vehicle is disposed of in pursuance of this section to give such information relating to the disposal as may be prescribed to such persons as may be prescribed.

(8) In this section—

• “competent authority”, in relation to a vehicle, means—

  (a)

  the chief officer of the police force in whose area is the place which the vehicle has been removed or could at any time be removed, F6 . . .

  (b)

  the local authority [F7 (other than Transport for London)] in whose area that place is or to whom the vehicle has been delivered by the chief officer of a police force; F8 [F9 ...

  (c)

  Transport for London, where the vehicle has been removed by a parking attendant on its behalf;][F10 or

  (d)

  the Secretary of State, where the vehicle has been removed by, or by virtue of arrangements made by, a traffic officer;]

• “licence”, in relation to a vehicle, means a licence issued for the vehicle under the [F11 Vehicles Excise and Registration Act 1994]; [F12 (including a nil licence within the meaning of that Act)]

• “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; and

• “local authority”[F13 and “traffic officer” have the meanings assigned to them] by section 100(5) and “vehicle” has the meaning assigned to it by section 99(5) of this Act.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 Words in s. 101(1) substituted (E.W.) (26.10.2006 for W. and 31.3.2008 for E.) by Traffic Management Act 2004 (c. 18), ss. 91, 99, Sch. 11 para. 3(1)(a); S.I. 2006/2826, art. 2(2)(c); S.I. 2007/2053, art. 3(1)(2)(g) (with arts. 1(2), 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3(c), 5)

F2 Words in s. 101(3)(a) repealed (E.W.) (18.10.2005 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 16(2), 107, 108, Sch. 5 Pt. 1; S.I. 2005/2896, art. 3(d) (with art. 5(1)); S.I. 2006/2797, art. 2(d) (with art. 9) (as amended by S.I. 2007/120, art. 3)

F3 S. 101(3)(b) substituted (E.W.) (18.10.2005 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 16(3), 108; S.I. 2005/2896, art. 3(d) (with art. 5(1)); S.I. 2006/2797, art. 2(d) (with art. 9) (as amended by S.I. 2007/120, art. 3)

F4 Words in s. 101(3) repealed (E.W.) (18.10.2005 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 16(4), 107, 108, Sch. 5 Pt. 1; S.I. 2005/2896, art. 3(d) (with art. 5(1)); S.I. 2006/2797, art. 2(d) (with art. 9) (as amended by S.I. 2007/120, art. 3)

F5 S. 101(4)-(6) omitted (E.W.) (26.10.2006 for W.) and repealed (E.W.) (31.3.2008) by virtue of Traffic Management Act 2004 (c. 18), ss. 91, 98, 99, Sch. 11 para. 3(1)(b), Sch. 12 Pt. 1 (with s. 38); S.I. 2006/2826, art. 2(2)(c); S.I. 2007/2053, art. 3(1)(2)(g) (with arts. 1(2), 4-8 (as amended (17.3.2008) by S.I. 2008/757, arts. 3(c), 5)); S.I. 2007/3174, art. 2, Sch.

F6 Word in definition of "competent authority" in s. 101(8) omitted (4.4.2001) by virtue of S.I. 2001/1353, art. 5(a)

F7 Words in definition of "competent authority" in s. 101(8)(b) inserted (4.4.2001) by S.I. 2001/1353, art. 5(b)

F8 Words in definition of "competent authority" in s. 101(8) 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(3)(a)(i)

F9 Para. (c) and preceding word in definition of "competent authority" in s. 101(8) inserted (4.4.2001) by S.I. 2001/1353, art. 5(c)

F10 Para. (d) and preceding word in definition of "competent authority" in s. 101(8) inserted (E.) (1.10.2008) by The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008 (S.I. 2008/2367), reg. 13(3)(a)(ii)

F11 Word in definition of "licence" in s. 101(8) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66, Sch. 3 para. 18(1) (with s. 57(4))

F12 Words in definition of "licence" in s. 101(8) inserted (E.W.) (18.10.2005 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 16(5), 108; S.I. 2005/2896, art. 3(d) (with art. 5(1)); S.I. 2006/2797, art. 2(d) (with art. 9) (as amended by S.I. 2007/120, art. 3)

F13 Words in definition of "local authority" in s. 101(8) substituted (E.) (1.10.2008)by The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008 (S.I. 2008/2367), reg. 13(3)(b)

Modifications etc. (not altering text)

C1 S. 101 modified (10.6.1993) by S.I. 1993/1461, art. 4(2).

S. 101 applied (with modifications) (8.1.1996) by 1995 c. x, s. 6

C2 S. 101: 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)

101 Ultimate disposal of vehicles abandoned and removeable under this Act. S

(1) Subject to subsections (3) to [F14 (5A)] below, a competent authority may, in such manner as they think fit, dispose of a vehicle which appears to them to be abandoned and which has been, or could at any time be, removed in pursuance of—

(a) an order to which this section applies, or

(b) regulations under section 99 of this Act.

(2) This section applies to the following orders, that is to say—

(a) any order under section 35 of this Act;

(b) any order relating to a parking place designated under section 45 of this Act; and

(c) any order containing a provision having effect by virtue of section 53(3) of this Act.

(3) The time at which a competent authority may dispose of a vehicle under subsection (1) above is as follows, that is to say—

(a) in the case of a vehicle which in their opinion is in such a condition that it ought to be destroyed and on which no current licence was displayed at the time of its removal, any time after its removal;

(b) in the case of a vehicle which in their opinion is in such condition that it ought to be destroyed and on which a current licence was so displayed, any time after the licence expires;

(c) in any other case, any time after such steps as may be prescribed have been taken by a competent authority (or partly by one competent authority and partly by the other) to find a person appearing to the authority taking such steps to be the owner of the vehicle and either—

(i) they have failed to find such a person, or

(ii) he has failed to comply with a notice served on him in the prescribed manner by a competent authority requiring him to remove the vehicle from their custody within the prescribed period.

but, in a case where it appears to the authority proposing to dispose of the vehicle that a licence is in force in respect of the vehicle, not a time earlier than the expiry of the licence.

(4) If, before a vehicle [F15 found outside Greater London] is disposed of by an authority in pursuance of subsections (1) to (3) above, the vehicle is claimed by a person who satisfies the authority that he is its owner and pays such sums in respect of its removal and storage as may be prescribed to the authority entitled to those sums, the authority shall permit him to remove the vehicle from their custody within such period as may be prescribed.

F16 [(4A) If, before a vehicle found in Greater London is disposed of by an authority in pursuance of subsections (1) to (3) above, the vehicle is claimed by a person who satisfies the authority that he is its owner and pays—

(a) any penalty charge payable in respect of the parking of the vehicle in the place from which it was removed; and

(b) such sums in respect of the removal and storage of the vehicle—

(i) as the authority may require; or

(ii) in the case of sums payable to a competent authority which is not a local authority, as may be prescribed,

the authority shall permit him to remove the vehicle from their custody within such period as they may specify or, where paragraph (b)(ii) applies, as may be prescribed.]

(5) If, before the end of the period of one year beginning with the date on which a vehicle [F17 found outside Greater London]is sold by an authority in pursuance of this section, any person satisfies that authority that at the time of the sale he was the owner of the vehicle, that authority shall pay him any sum by which the proceeds of sale exceed the aggregate of such sums in respect of the removal, storage and disposal of the vehicle as may be prescribed.

F18 [(5A) If, before the end of the period of one year beginning with the date on which a vehicle found in Greater London is sold by an authority in pursuance of this section, any person satisfies that authority that at the time of the sale he was the owner of the vehicle, that authority shall pay him any sum by which the proceeds of sale exceed the aggregate of—

(a) any penalty charge payable in respect of the parking of the vehicle in the place from which it was removed; and

(b) such sums in respect of the removal, storage and disposal of the vehicle—

(i) as the authority may require; or

(ii) in the case of sums payable to a competent authority which is not a local authority, as may be prescribed.]

(6) If in the case of any vehicle it appears to the authority in question that more than one person is or was its owner at the relevant time, such one of them as the authority think fit shall be treated as its owner for the purposes of subsections (4) [F19 to (5A)] above.

(7) The Secretary of State may by regulations require an authority by whom a vehicle is disposed of in pursuance of this section to give such information relating to the disposal as may be prescribed to such persons as may be prescribed.

(8) In this section—

• “competent authority”, in relation to a vehicle, means—

  (a)

  the chief officer of the police force in whose area is the place which the vehicle has been removed or could at any time be removed, F6 . . .

  (b)

  the local authority [F7 (other than Transport for London)] in whose area that place is or to whom the vehicle has been delivered by the chief officer of a police force; [F9 or

  (c)

  Transport for London, where the vehicle has been removed by a parking attendant on its behalf;]

• “licence”, in relation to a vehicle, means a licence issued for the vehicle under the [F11 Vehicles Excise and Registration Act 1994];

• “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; and

• “local authority” has the meaning assigned to it by section 100(5) and “vehicle” has the meaning assigned to it by section 99(5) of this Act.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England only and Wales only

Textual Amendments

F6 Word in definition of "competent authority" in s. 101(8) omitted (4.4.2001) by virtue of S.I. 2001/1353, art. 5(a)

F7 Words in definition of "competent authority" in s. 101(8)(b) inserted (4.4.2001) by S.I. 2001/1353, art. 5(b)

F9 Para. (c) and preceding word in definition of "competent authority" in s. 101(8) inserted (4.4.2001) by S.I. 2001/1353, art. 5(c)

F11 Word in definition of "licence" in s. 101(8) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66, Sch. 3 para. 18(1) (with s. 57(4))

F14 Words in s. 101(1) substituted (5.7.1993) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 67(2) (with s. 79(1)); S.I. 1993/1461, art. 4.

F15 Words in s. 101(4) inserted (5.7.1993) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 67(3) (with s. 79(1)); S.I. 1993/1461, art. 4.

F16 S. 101(4A) inserted by Road Traffic Act 1991 (5.7.1993, 4.10.1993, 6.12.1993, 31.1.1994 and 4.7.1994 respectively for specified London boroughs and otherwise 10.4.1998) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 67(4) (with s. 79(1)); S.I. 1993/1461, art. 4; S.I. 1993/2229, art. 4; S.I. 1993/2803, art. 3; S.I. 1993/3238, art. 3; S.I. 1994/1482, art. 2(a), Sch.; S.I. 1998/967, art. 2(2)

F17 Words in s. 101(5) inserted (5.7.1993) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 67(5) (with s. 79(1)); S.I. 1993/1461, art. 4

F18 S. 101(5A) inserted (5.7.1993, 4.10.1993, 6.12.1993, 31.1.1994 and 4.7.1994 respectively for specified London boroughs and otherwise prosp.) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 67(6) (with s. 79(1)); S.I. 1993/1461, art. 4; S.I. 1993/2229, art. 4; S.I. 1993/2803, art. 3; S.I. 1993/3238, art. 3; S.I. 1994/1482, art. 2(a), Sch.

F19 Words in s. 101(6) substituted (5.7.1993) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 67(7) (with s. 79(1)); S.I. 1993/1461, art. 4.

Modifications etc. (not altering text)

C1 S. 101 modified (10.6.1993) by S.I. 1993/1461, art. 4(2).

S. 101 applied (with modifications) (8.1.1996) by 1995 c. x, s. 6

C2 S. 101: 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)