LA obligations with regards to removing cars??
Discussion
Hi All,
A quick question if someone wouldn't mind answering.
I live in a quiet cul-de-sac, but parking is a bit of an issue.
The road has lay-bys, one of which is used by a resident to park an old s
tter.
The stter in question is never used, never moves was pushed into its current parking spot, and is currently not insured, although it is showing as taxed and having an MOT.
I reported this through the Sussex "operation crackdown" and got the response of:
"Inquiries indicate that the vehicle has not been abandoned and has been left at the scene, this report has now been closed."
So if its not insured, who's responsibility is it to move it???
Thanks!!
A quick question if someone wouldn't mind answering.
I live in a quiet cul-de-sac, but parking is a bit of an issue.
The road has lay-bys, one of which is used by a resident to park an old s
tter.The s
tter in question is never used, never moves was pushed into its current parking spot, and is currently not insured, although it is showing as taxed and having an MOT.I reported this through the Sussex "operation crackdown" and got the response of:
"Inquiries indicate that the vehicle has not been abandoned and has been left at the scene, this report has now been closed."
So if its not insured, who's responsibility is it to move it???
Thanks!!
t400ble said:
Must be insured, or it would not be taxed
It certainly CAN be taxed but uninsured. Sure - not legally - so there'll be a fine on the way to the RK, but it's eminently possible. And since it's now been officially "noticed", I'm sure it won't just be a CI paper-bking, but an actual IN10 six pointer, unless somebody can point to a trade policy that covers it (without having it added to MID) or a DOC clause that covers it.Edited by TooMany2cvs on Thursday 8th September 13:16
You need to read the clean neighbourhoods act 2005. Awful piece of legislation. The council have a duty to deal with abandoned cars AND the power to decide what constitutes an abandoned car. However most Councils won't consider a car abandoned until quite a while after tax and MOT have expired, and another agency has picked up responsibility.
The Police also have a duty to move it. The highway is not a store. See Nelmes vs Rhys Howells transport and Solomon v Durbridge. But the Police won't do anything.
I wouldn't advocate pushing into the middle of the road and torching it, but that's the only way you'll get it mived.
The Police also have a duty to move it. The highway is not a store. See Nelmes vs Rhys Howells transport and Solomon v Durbridge. But the Police won't do anything.
I wouldn't advocate pushing into the middle of the road and torching it, but that's the only way you'll get it mived.
mikeveal said:
You need to read the clean neighbourhoods act 2005. Awful piece of legislation. The council have a duty to deal with abandoned cars AND the power to decide what constitutes an abandoned car. However most Councils won't consider a car abandoned until quite a while after tax and MOT have expired, and another agency has picked up responsibility.
The Police also have a duty to move it. The highway is not a store. See Nelmes vs Rhys Howells transport and Solomon v Durbridge. But the Police won't do anything.
I wouldn't advocate pushing into the middle of the road and torching it, but that's the only way you'll get it mived.
How do either of those cases provide a duty to remove it? They provide guidance to interpret obstruction law. The Police also have a duty to move it. The highway is not a store. See Nelmes vs Rhys Howells transport and Solomon v Durbridge. But the Police won't do anything.
I wouldn't advocate pushing into the middle of the road and torching it, but that's the only way you'll get it mived.
TooMany2cvs said:
mikeveal said:
See Nelmes vs Rhys Howells transport
Forty years ago next year. Trucks. When did Operator's Licences come in? <quick google> Eight years after that case.mikeveal said:
and Solomon v Durbridge.
toomanyargumentitiveposts said:
Sixty years ago.
I know. So what?Edited by mikeveal on Thursday 8th September 20:38
Edited by mikeveal on Thursday 8th September 20:39
mikeveal said:
TooMany2cvs said:
mikeveal said:
See Nelmes vs Rhys Howells transport
Forty years ago next year. Trucks. When did Operator's Licences come in? <quick google> Eight years after that case.mikeveal said:
La Liga said:
ow do either of those cases provide a duty to remove it? They provide guidance to interpret obstruction law.
I was under the impression that the Police had a duty to shift an obstruction. Happy to be proven wrong.Secondly is discretion and proportionately. The Licensing Act has an offence of buying alcohol for someone who is drunk. It's never likely to be enforced in nearly all circumstances and a report of such wouldn't mean a duty to, even if the offence were made out.
Abandoned vehicles are best dealt with via the LA where is a statutory duty to deal with them.
The insurance matter is irrelevant to the police as there's no driver (if that's what the LA are suggesting). It's a matter for the CIE (continuous insurance) scheme.
https://www.gov.uk/guidance/abandoned-vehicles-cou...
https://www.gov.uk/guidance/abandoned-vehicles-cou...
Gov.uk said:
Duty to remove abandoned vehicles:
Councils must remove abandoned vehicles from both:
- land in the open air
- roads (including private roads)
Councils must work out if vehicles are abandoned. This is likely if one of the following applies:
- they have no keeper on the DVLA’s database and are untaxed - check with DVLA as vehicles no longer have to display a tax disc
- they’re stationary for a significant amount of time
- they’re significantly damaged, run down or unroadworthy - with flat tyres, wheels removed or broken windows
- they’re burned out
- they have number plates missing
- Councils can legally enter land (at a reasonable time) to investigate and remove abandoned vehicles
Councils must remove abandoned vehicles from both:
- land in the open air
- roads (including private roads)
Councils must work out if vehicles are abandoned. This is likely if one of the following applies:
- they have no keeper on the DVLA’s database and are untaxed - check with DVLA as vehicles no longer have to display a tax disc
- they’re stationary for a significant amount of time
- they’re significantly damaged, run down or unroadworthy - with flat tyres, wheels removed or broken windows
- they’re burned out
- they have number plates missing
- Councils can legally enter land (at a reasonable time) to investigate and remove abandoned vehicles
Just had a call from a nice lady who works for the police.
She believes that a car only has to be taxed and MOT'd for it to be parked on the road.
It doesn't have to be insured. I've told her that it can't be legally taxed as it has no insurance, so that isn't relevant.
She's gone away to do some research!!
She believes that a car only has to be taxed and MOT'd for it to be parked on the road.
It doesn't have to be insured. I've told her that it can't be legally taxed as it has no insurance, so that isn't relevant.
She's gone away to do some research!!
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