The Removal and Disposal of Vehicles(Amendment) (No. 3) Regulations 1993

This Statutory Instrument is made in consequence of a defect in S.I. 1993/1475 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

1993 No. 1708

ROAD TRAFFIC

The Removal and Disposal of Vehicles(Amendment) (No. 3) Regulations 1993

Made

7th July 1993

Laid before Parliament

9th July 1993

Coming into force

12th July 1993

The Secretary of State for Transport, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred by section 99 of the Road Traffic Regulation Act 1984(1), and of all other powers enabling them in that behalf, and after consultation with representative organisations in accordance with section 134(2) of that Act, hereby make the following Regulations:—

1.—(1) These Regulations may be cited as the Removal and Disposal of Vehicles (Amendment) (No.3) Regulations 1993 and shall come into force on 12th July 1993.

(2) These Regulations extend only to England and Wales.

2.  The Removal and Disposal of Vehicles Regulations 1986(2) shall be amended in accordance with the following provisions of these Regulations.

3.  For regulation 5A there shall be substituted the following regulation—

“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 contained in an order having effect under—

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

(ii) section 9 of the 1984 Act so far as the order designates any parking place in an area in respect of which section 65 of the Road Traffic Act 1991(3) is in force;

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

(b) has been permitted to remain a rest or has broken down and remained at rest on a road outside Greater London in contravention of a prohibition or restriction contained in 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 Road Traffic Act 1991 (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.”.

Signed by Authority of the Secretary of State for Transport

Robert Key

Parliamentary Under Secretary of State,

Department of Transport

5th July 1993

John Redwood

Secretary of State for Wales

7th July 1993

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations further amend the Removal and Disposal of Vehicles Regulations 1986.

2.  The Removal and Disposal of Vehicles (Amendment) (No.2) Regulations 1993 amended the 1986 Regulations by inserting a new regulation 5A.These Regulations are made in consequence of a defect in the new regulation 5A as so inserted and re-enact that provision with modifications.

(1)

1984 c. 27. Sections 6 and 9 were amended by paragraph 4 of Schedule 5 to the Local Government Act 1985 (c. 51), by paragraphs 21 and 23 of Schedule 8 and by Schedule 9 to the New Roads and Street Works Act 1991 (c. 22). Section 46 was amended by paragraph 2 of the Schedule to the Parking Act 1989 (c. 16) and sections 64 of the Road Traffic Act 1991 (c. 40) (“the 1991 Act”). Section 99 was amended by paragraph 32 of Schedule 4 and by Schedule 8 to the 1991 Act. Section 100 was amended by paragraph 4 of Schedule 5, by Schedule 17 to the Local Government Act 1985 and by paragraph 68 of Schedule 8 to the New Roads and Street Works Act 1991. Sections 101 and 102 are amended by sections 67 and 68 of Schedule 8 to the 1991 Act. Section 103 was amended by paragraph 33 of Schedule 4 to the 1991 Act. Further amendments are prospectively made to section 46 by section 64 of the 1991 Act.

(2)

S.I. 1986/183, amended by S.I. 1993/278 and 1475.

(3)

1991 c. 40.