OpenLegislation

Regulation 5 Power of local authority to remove certain vehicles

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Except as provided by regulation 7 of these Regulations, where a vehicle (other than a motor vehicle which a local authority have a duty to remove under section 3 of the 1978 Act)—

(a)

having broken down on a road or on any land in the open air in the area of a local authority, appears to them to have been abandoned without lawful authority, or

(b)

has been permitted to remain at rest on a road or on any land in the open air in the area of a local authority in such a position or in such condition or in such circumstances as to appear to them to have been abandoned without lawful authority,

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 to a place which is not on any road.

(2)

In this regulation “local authority” means, in the case of a vehicle situate at a place—

(a)

in England, the council of the district or of the London borough, or the Common Council of the City of London;

(b)

in Scotland, the regional or islands or district council; or

(c)

in Wales, the council of the district,

within whose area is situate that place.