Towing Parked Vehicles To A Compound......Lawful or Unlawful?

[TheBogsDollocks]

I've been looking into the legislation behind vehicle removals (towing) and I'm perplexed as I cannot find any legislation that amends section 99(2) of the RTRA 1984 so that it is lawful to remove vehicles to a place that is not a road (such as a compound).

 

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=the+road+traffic+regulation+act+1984&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2223862&ActiveTextDocId=2224004&filesize=11961

 

99(2) Regulations under this section—

(a) may provide, in the case of a vehicle which may be removed from a road, for the moving of the vehicle from one position on a road to another position on that or another road;

 

(b) may provide for repealing byelaws dealing with the same subject-matter as the regulations, and for suspending, while the regulations remain in force, any power of making such byelaws; F1. . .

 

© . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

It is section 99 of the RTRA 1984 that enables regulations to be made but such regulations can only prescribe

actions within the boundaries set by section 99 RTRA 1984.

The regulations that regulate the removal of vehicles are known as "The Removal and Disposal of Vehicles Regulations 1986" (S.I.1986/183).

 

The latest amendment to the 1986 regulations is S.I. 2008/2367

 

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&Year=2008&number=2367&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=3517161&ActiveTextDocId=3517161&filesize=61376

 

If you look at footnote F1 in the above S.I. you will see listed legislation that amends the RTRA 1984 and in particular section 99. I have checked and could not see that any of these amend section 99 to enable regulations to be made that allows a vehicle to be removed to any place other than a road.

 

However, back in 1993, S.I. 1993/278 amended the 1986 regulations and inserted reg 4A;

 

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.

 

With the introduction of the TMA 2004 the 1986 regulations were amended again (there are also other amendments) by inserting reg 5C(2);

 

(2) Where this paragraph applies, a civil enforcement officer or a person acting under his direction may subject to paragraph (3) remove the vehicle concerned—

(a)

to another position on the road where it is found;

 

(b)

to another road; or

 

©

to a place which is not on a road.

 

These amendments both highlight the fact that the 1986 regulations purport to enable an enforcement authority to remove a vehicle to a place which is not a road. However, if there is no legislation that amends sction 99 RTRA 1984 to enable the 1986 regulations to remove a vehicle to a place which is not a road then I think doing so is unlawful.

 

In a nutshell, if section 99 RTRA 1984 has not been adequately amended then "The Removal and Disposal of Vehicles Regulations 1986 (as amended) go beyond their lawful powers (ultra vires) given by section 99 RTRA 1984 as section 99 only permits a vehicle to be removed to another road. A compound is not a road.

 

The question therefore is, does anyone know if section 99 RTRA 1984 was adequately amended to enable the 1986 regulations to advocate the removal of vehicles to a place which is not a road?

 

If there is no such amendment then potentially that's a lot of unlawful tows since 1984.

Edited January 16, 2010 by TheBogsDollocks

[lamma]

Blimey ! send it to Richard Bentley ? ?

[green_and_mean]

Section 99 covers both removing it from a road AND moving in that road or another road. If it didn't allow for removals why would section 102 cover charging for getting the vehicle back if it was only moved down the road?

[TheBogsDollocks]

Section 99 covers both removing it from a road AND moving in that road or another road. If it didn't allow for removals why would section 102 cover charging for getting the vehicle back if it was only moved down the road?

 

Where in s.99 does it say that a vehicle (that's not abandoned) can be moved from a road to a place which is not a road?

 

I'm not saying vehicles cannot be removed. I'm questioning whether the law permits unabandoned parked vehicles to be removed to a place that is not a road.

 

Section 102 advises

 

102.

Charges for removal, storage and disposal of vehicles.

— (1) The provisions of this section shall have effect where a vehicle—

(a)

is removed from a parking place in pursuance of an order to which section 101 of this Act applies, or

 

(b)

is removed from a road, or from land in the open air, in pursuance of regulations under section 99 of this Act.

 

Section 101 relates to abandoned vehicles not parked unabandoned vehicles. Section 99 relates to parked vehicles on a road as well as vehicles abandoned on land in the open air.

 

Therefore it is quite appropriate for section 102 to charge, as moving a vehicle from one road to another will incur a cost and storing or disposing of an abandoned vehicle will also incur a cost. Section 102 does not therefore prove that the law permits the removing of an unabandoned vehicle parked on a road to be removed to a compound.

 

I accept I could be reading section 99 wrong and that 99(2) simply allows in addition to removal to a compound the options to remove to a new point within the same road or to a new road.

Unfortunately without access to the 1986 regs (S.I. 1986/183) It's difficult to be certain. Unfortunately it is not available online. Does anyone have a pdf copy?

Edited January 16, 2010 by TheBogsDollocks

[lamma]

Tso ? ? ?

[Tony P]

Unfortunately without access to the 1986 regs (S.I. 1986/183) It's difficult to be certain. Unfortunately it is not available online.

 

It should be in printed form in larger public libraries.