Part VIII Control and Enforcement

Removal or immobilisation of vehicles

C1C2C399 Removal of vehicles illegally, obstructively or dangerously parked, or abandoned or broken down.

1

The Secretary of State may by regulations make provision for the removal of vehicles which have been permitted to remain at rest—

a

on a road F5or other land in contravention of any statutory prohibition or restriction, or

b

on a road F7or other land in such a position or in such condition or in such circumstances as to cause obstruction to other persons using the road F8or land concerned or as to be likely to cause danger to such persons, or

c

on a road F9, or on any land in the open air,F9or other land in such a position or in such condition or in such circumstances as to appear, to an authority empowered by the regulations to remove such vehicles, to have been abandoned without lawful authority,

or which have broken down on a road F6or other land.

2

Regulations under this section—

a

may provide, in the case of a vehicle which may be removed from a road F10or on land other than a road, for the moving of the vehicle from one position on a road to another position on that or another road;

F11aa

may provide, in the case of a vehicle which may be removed from land other than a road, for the moving of the vehicle from one position on such land to another position on such land or on any road;

b

may provide for repealing byelaws dealing with the same subject-matter as the regulations, and for suspending, while the regulations remain in force, any power of making such byelaws; F1 . . .

c

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3

Where it appears to an authority which (apart from this subsection” is empowered to remove a vehicle in pursuance of regulations under this section that the vehicle is on land F2other than a road which is occupied by any person, the authority shall give him notice in the prescribed manner that they propose to remove the vehicle in pursuance of the regulations, and shall not be entitled to remove it if he objects to the proposal in the prescribed manner and within the prescribed period.

F34

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5

In this section “vehicle” means any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle.

F4 6

For the purposes of this section, the suspension under section 13A or 49 of this Act of the use of a parking place is a restriction imposed under this Act.