The Cowes Harbour Revision Order 2012

Removal of vehicles and boats

24.—(1) If-

(a) a vehicle or boat is left without the permission of the Commissioners—

(i) in any place where it is likely to obstruct or interfere with the use of the harbour premises; or

(ii) in any part of the harbour premises where the parking of vehicles or boats is prohibited by notice erected by the Commissioners; or

(b) it appears to the Commissioners that the vehicle or boat has been abandoned in any part of the harbour premises,

the Commissioners may, at the risk of the owner, remove the vehicle or boat or cause it to be removed.

(2) Any notice erected under paragraph (1)(a)(ii) must be conspicuously posted in or close to the place to which it relates.

(3) Where the Commissioners in exercise of the powers of this article remove a vehicle or boat or cause it to be removed, they must as soon as practicable report that fact to a constable or to a police station and the expenses of, and incidental to, the removal of the vehicle or boat shall be recoverable from the person responsible.

(4) For the purposes of paragraph (3) “the person responsible” means—

(a) the keeper of the vehicle or the owner of the boat at the time when it was put in the place from which it was removed under paragraph (1), or

(b) if he shows that he was not concerned in, and did not know of, its being put there, the person who put the vehicle or boat in that place.

(5) If the Commissioners in exercise of the powers of this article remove a vehicle or boat to a place not readily visible from the place whence it is so removed they must, if and as soon as it is reasonably practicable to do so, send to the keeper of the vehicle at his last known address, his registered address or the address where the vehicle is ordinarily kept or, as the case may be, to the owner of the boat at his last known address or the address where the boat is ordinarily kept, notice that they have exercised the powers of this article and of the place to which the vehicle or the boat has been removed.

(6) The Commissioners may, if they think fit, after giving seven days notice to the keeper of the vehicle or, as the case may be, the owner of the boat when the keeper or the owner can be identified and contacted, sell or otherwise dispose of the vehicle or boat in such manner as they think fit and reimburse themselves out of the proceeds of sale, and the Commissioners must hold any surplus of such proceeds on trust for the person entitled thereto.

(7) A notice stating the general effect of paragraph (1) must be displayed in a prominent position at each place where a road accessible to vehicles enters any part of the harbour premises.

(8) In this article references to the keeper of the vehicle and his registered address are to the person for the time being registered as the keeper of the vehicle and his address recorded in the register in accordance with regulations under the Vehicle Excise and Registration Act 1994(1)

(1)

1994 c.22.