The Removal and Disposal of Vehicles (Amendment) Regulations 1993

Statutory Instruments

1993 No. 278

ROAD TRAFFIC

The Removal and Disposal of Vehicles (Amendment) Regulations 1993

Made

15th March 1993

Laid before Parliament

25th March 1993

Coming into force

1st June 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 sections 99 and 103(3) of the Road Traffic Regulation Act 1984(1), and of all other enabling powers, 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) Regulations 1993 and shall come into force on 1st June 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.  After regulation 4 there shall be inserted the following–

“Power of traffic warden to remove vehicles

4A.— (1) Except as provided by regulation 7 of these Regulations, a traffic warden may, subject to sections 99 and 100 of the 1984 Act, remove or arrange for the removal of a vehicle to which regulation 3 of these Regulations applies 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) 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 regulation 6, for the words “the last two preceding regulations” there shall be substituted the words “regulation 4, 4A or 5 of these Regulations”.

5.  In regulation 7, for the words “Regulations 3, 4 and 5” there shall be substituted the words “Regulations 3, 4, 4A and 5”.

Signed by authority of the Secretary of State for Transport

Kenneth Carlisle

Parliamentary Under Secretary of State,

Department of Transport

9th March 1993

David Hunt

Secretary of State for Wales

15th March 1993

Explanatory Note

(This note is not part of the Regulations)

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

2.  The Regulations enable a traffic warden to remove a vehicle parked or broken down in a road in circumstances where:

(a) it is causing an obstruction,

(b) it is likely to cause danger to road users, or

(c) an offence is being committed under certain enactments by or under which are imposed prohibitions or restrictions on the waiting of vehicles on roads.

3.  The new powers can be exercised only in England or Wales.

(1)

1984 c. 27. Relevant amendments to section 96 were made by paragraph 31 of Schedule 4 to 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. Relevant amendments were made to section 100 by paragraph 5(3) of Schedule 5 to the Local Government Act 1985 (c. 51). Section 103 was amended by paragraph 33 of Schedule 4 to the 1991 Act.

(2)

S.I. 1986/183.