Portsmouth City Council
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Vehicle removals forum comments
Use this forum if you have any questions or comments on abandoned or untaxed vehicles
Should you wish to contribute, please use the following email: parkingforum@portsmouthcc.gov.uk.
Subject: Trailers and Caravans
Date: 05/08/2008
Comment: Can I ask you to clarify the position regarding trailers and caravans left on a permanent basis outside Local Authority property but on a public road?
A trailer has been left (with a false number plate) and not moved for months. The road in question is subject to residents parking permits and free public parking up to a maximum of 3 hours. The abandoned vehicles officer on discovering that the number plate belonged to a car scrapped 2 years ago was set to remove this trailer taking up a parking space on a permanent basis when the owner claimed it and promptly secured it to a car with a valid residents permit.
The car often moves but the trailer never does. It is not lit at night and not secured with chocks or chains as per the requirements of the law. Obviously the trailer itself doesn’t require a permit but it is taking a large space in an area where parking is at a premium. Not lease due to the introduction of parking meters on the other side of the road (in which residents permits are not valid). But that’s another issue.
Would the terms of the lease or tenancy agreement prohibit leaving caravans and trailers on a public road to the annoyance of all the other residents?
MW - Portsmouth
Response: There is a common misunderstanding that caravans and trailers should be attached to a vehicle whilst parked on the public highway’ this is not the case. There is also no legal requirement for either to be attached to a vehicle.
There are specific offences relating to nuisance and obstruction under Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986, including the offence of unnecessary obstruction. This states that no person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction of the road. Only the Police can enforce this and make the decision as to whether a trailer or caravan is causing an unnecessary obstruction. The outcome of each investigation will depend upon many factors, such as the size of the trailer or caravan, the type of road, its position in the road and the use of the road.
Your comments reference the tenancy lease or agreement preventing caravans and trailers on public roads causing annoyance to other residents is an issue that would need to be investigated by the Housing Service.
We can assure you that the Parking Service has investigated the trailer and there is no further action that can be taken. We would advise that residents contact the local Police for assistance.
Subject: Abandoned and Untaxed Vehicles
Date: 27/06/2008
Comment: Your vehicles removal forum on your website asks for questions or comments on abandoned or untaxed vehicles. Please can you tell me what is the difference between them?
AB - Portsmouth
Response: The definition of an abandoned vehicle and an untaxed vehicle are as follows: -
Abandoned Vehicle
Abandoned vehicles are governed by the following acts:
Refuse Disposal (Amenity) Act 1978, Removal and Disposal of Vehicles (England) (Amendment) Regulations 2002 and the Clean Neighbourhood and Environment Act 2005.
There is no definition of an abandoned vehicle within the current legislation. It is in the considered option of the Local Authority when a vehicle is left in their area without lawful authority on any land in the open air or any other land forming part of the public.
- Section 2(2) of the 1978 Act deems a person to have abandoned anything on any land if it is left in such circumstances, or for such a period he may reasonably be assumed to have abandoned it.
- Section 3(1) pf the 1978 Act places a duty on the Local Authority to remove such a vehicle.
- Section 4 of the 1978 Act (amended by Section 12 Clean Neighbourhoods and Environment Act 2005), Section 12 removes the requirement to wait for the expiration of a valid licence. This has the effect of allowing any vehicle that is only considered fit for destruction to be destroyed immediately, and in other cases if the owner either cannot be traced or fails to respond to a notice the vehicle can then be disposed of.
- Section 5(1) of the 1978 Act entitles the authority to recover prescribed charges from the person responsible.
- Abandonment of a motor vehicle is a criminal offence under Section 2 of the Refuse Disposal and Amenity Act 1978. A person found guilt of such an offence may be punished on summary conviction with a fine up to £2,500 or a term not exceeding 3 months imprisonment.
Untaxed Vehicles
A vehicle, without or an expired vehicle excise licence (Road Tax Disc).
Vehicles where the tax has expired by less than one month can be reported to the DVLA for an offence of keeping an untaxed vehicle on the public highway. Where the tax has elapsed by more than one calendar month the offence is still reported. The City Council may however consider impounding the vehicle once authorisation is obtained from the DVLA.
Subject: Towed Vehicles
Date: 06/06/2007
Comment: My neighbour recently had his vehicle towed by Portsmouth City Council and I just wondered out of interest how many vehicles the council tow away each month?
Response: We remove on average 35 abandoned vehicles each month, with the majority of these being destroyed. We also have the power to remove untaxed vehicles for the DVLA and on average remove 20 per month.
Vehicles of value that are recovered are not sold directly to the public but are sent for auction.
Subject: Untaxed and Uninsured Vehicles
Date: 05/06/2007
Comment: I recently noticed a large number of untaxed vehicles in my area which I have reported to DVLA and just wondered if you could tell me how many untaxed and uninsured vehicles are being driven in the UK?
Response: The DVLA estimate that there are over 2 million untaxed vehicles currently in use. By working in partnership with Local Authorities and their own contractor they are now aiming to remove 100,000 untaxed vehicles from the road each year. These vehicles will either be brought into the registration system or destroyed by the DVLA.
The latest estimate is that two million vehicles, roughly 6 percent of the UK vehicle fleet, are being driven by uninsured drivers. Legislation is going through Parliament that will enable the Government to require all vehicles to be continually insured whether in use or otherwise.
The Police have already been given powers in advance of this to seize and destroy a vehicle that is in use but uninsured. It is estimated that uninsured drivers, cost each lawful owner £30 a year on their insurance premium.
Subject: Abandoned Vehicles
Date: 05/06/2007
Comment: Please can you tell me if abandoning a vehicle is classed as a criminal offence?
Response: Abandoning a vehicle is classed as a criminal offence under section 2(1) of the 1978 Act. Members of the public who abandoned a vehicle are liable to receive a maximum penalty of either a fine of £2,500, 3 months' imprisonment or both.
Portsmouth City Council have an abandoned vehicle section and issue fixed penalty notices for this type of offence, offering a fine of £200 as an alternative to prosecution if paid within 14 days.
Subject: Scrapping of vehicles
Date: 03/06/2007
Comment: I'm interested in scrapping my vehicle; please could you tell me how much I would get for taking my vehicle to the scrap yard myself?
Response: The current scrap value is roughly £68 per tonne, but you would need to pay a de-pollution fee of about £30.
Subject: Fluids in abandoned vehicles
Date: 01/06/2007
Comment: I have recently read that the fluids contained in abandoned vehicles are dangerous; please can you tell me what happens with this fluid?
Response: Under the End-of-Life Vehicle Directive, all vehicles that are recovered by Portsmouth City Council have to be de-polluted by an authorised treatment facility. All fluids are removed and stored in separate containers in a bunded storage area prior to specialist recovery or disposal. Much of the fluid is then re-used.
