The Cornwall Harbours Harbour Revision Order 2023

Removal of vehicles and vessels

28.—(1) If a vehicle or vessel is left within the harbours without permission of the Council—

(a) in any place where it is likely to obstruct or interfere with the use of the harbours;

(b) in any part of the harbours where the parking of vehicles or leaving of vessels is prohibited by notice erected by the Council,

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

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

(3) Where the Council in exercise of the powers of this article remove a vehicle or vessel or cause it to be removed it must as soon as practicable report that fact to the police.

(4) The reasonable expenses of and incidental to the removal of a vehicle or vessel under this article shall be recoverable from any person responsible.

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

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

(b) any person by whom the vehicle or vessel was put in that place.

(6) If the Council in the exercise of the powers conferred by this article remove a vehicle to a place not readily visible from the place whence it is so removed the Council must, as soon as it is reasonably practicable to do so, send to the person for the time being registered as the keeper of the vehicle for the purposes of the Road Vehicles (Registration and Licensing) Regulations 2002(1) or any other regulations having the like effect for the time being in force—

(a) at that person’s last known address;

(b) the person’s registered address; or

(c) the address where the vehicle is ordinarily kept,

notice that it has exercised the powers of the article and of the place to which the vehicle has been removed.

(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 harbours.

(1)

S.I. 2002/2742.