Please note that since this book was last published in 1997 some of the laws that have been referenced may have changed. We
are doing our best to update the articles, however, it is advisable that you to consult an attorney before relying on any information contained herein.
A vehicle that has been left standing on a public road and which is causing a danger or an obstruction to traffic may be removed immediately by a traffic officer or an authority acting on the instructions of a traffic officer.
A vehicle left in the same place on a public road for more than 24 hours outside an urban area or for more than seven days within an urban area is deemed to have been abandoned by its owner and can therefore be removed by the local authority. The same applies to a vehicle that bears a false registration number or no registration or other number that may lead to the owner being identified. Cars parked in no stopping areas and in areas reserved for a particular class of car (for example, a loading zone, or disabled parking bay) may also be removed by the local authority.
If the vehicle is damaged while it is being towed or being driven away, or while it is impounded, the traffic officer or local authority responsible can be held liable if negligence can be proved.
The local authority responsible for impounding the vehicle is required to take 'all reasonable steps' to trace its owner. The owner is liable for the cost of removing the vehicle and of storing it for up to a maximum of four months, plus tracing costs. In addition, the owner or driver may be prosecuted for leaving the vehicle in the same place on a public road for more than seven days.
A vehicle can be sold at a public auction by the local authority if:
- The owner cannot be traced within one month of the vehicle being found; or
- The owner is traced but fails to claim the vehicle and pay all expenses within 14 days of being ordered to do so.
The balance of the proceeds of the sale, after costs have been deducted, will go to the owner of the vehicle, who must, however, make a claim within a year from the date of sale. If not, the money will be forfeited to the local authority.
