The Removal and Disposal of Vehicles (Amendment) (No. 2) Regulations 1993

3.  After regulation 5, there shall be inserted the following—

“Powers of parking attendants to remove vehicles

5A.— (1) 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 having effect under—

(i) section 6 of the 1984 Act so far as it designates any parking place; or

(ii) section 9 so far as it designates any parking place in an area in respect of which section 65 of the Road Traffic Act 1991(1) is in force;

(iii) section 46 of the 1984 Act so far as it relates to a parking place in such an area;

(b) has been permitted to remain at rest or has broken down and remained at rest on a road outside Greater London in contravention of an order under section 46 of the 1984 Act in circumstances in which an offence would have been committed in respect of the vehicle but for paragraph 1(4)(b) of Schedule 3 to the 1991 Act (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 1(4)(a) or 2(4) of Schedule 3 to, the Road Traffic Act 1991 (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 100 of the 1984 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 (1)(a) and paragraph (1)(b) above shall not apply in relation to a vehicle if—

(a) not more than 15 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 15 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” has the same meaning as in section 100 of the 1984 Act; and “parking meter” has the same meaning as in section 46(2)(a) of that Act. ”.

(1)

1991 c. 40.