Road Traffic Regulation Act 1984, section 101

Ultimate disposal of vehicles abandoned and removeable under this Act

Part VIII Control and Enforcement

(1)[F593 Subject to subsection (3) and section 101A belowF593] , a competent authority may, in such manner as they think fit, dispose of a vehicle which appears to them to be abandoned and which has been, or could at any time be, removed in pursuance of—

(a)an order to which this section applies, or

(b)regulations under section 99 of this Act.

(2)This section applies to the following orders, that is to say—

(a)any order under section 35 of this Act;

(b)any order relating to a parking place designated under section 45 of this Act; and

(c)any order containing a provision having effect by virtue of section 53(3) of this Act.

(3)The time at which a competent authority may dispose of a vehicle under subsection (1) above is as follows, that is to say—

(a)F594in the case of a vehicle which in their opinion is in such a condition that it ought to be destroyed; . . .

[F595 (b)in the case of a vehicle, not falling within paragraph (a), which—

(i)does not display a licence (whether current or otherwise and whether or not the vehicle is required to display a licence), and

(ii)does not display any registration mark (whether indicating registration within or outside the United Kingdom),

at any time after its removal;F595]

(c)in any other case, any time after such steps as may be prescribed have been taken by a competent authority (or partly by one competent authority and partly by the other) to find a person appearing to the authority taking such steps to be the owner of the vehicle and either—

(i)they have failed to find such a person, or

(ii)he has failed to comply with a notice served on him in the prescribed manner by a competent authority requiring him to remove the vehicle from their custody within the prescribed period.

F596 . . .

(4)F597. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A)F597. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F597. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5A)F597. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F597. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The Secretary of State may by regulations require an authority by whom a vehicle is disposed of in pursuance of this section to give such information relating to the disposal as may be prescribed to such persons as may be prescribed.

(8)In this section—

  • “competent authority”, in relation to a vehicle, means—

    (a)

    F598 the chief officer of the police force in whose area is the place which the vehicle has been removed or could at any time be removed, . . .

    (b)

    the local authority[F599 (other than Transport for London)F599] in whose area that place is or to whom the vehicle has been delivered by the chief officer of a police force; F600[F601...

    (c)

    Transport for London, where the vehicle has been removed by a parking attendant on its behalf;F601][F602 or

    (d)

    the Secretary of State [F603 or a strategic highways companyF603] , where the vehicle has been removed by, or by virtue of arrangements made by, a traffic officer;F602]

  • “licence”, in relation to a vehicle, means a licence issued for the vehicle under the [F604 Vehicles Excise and Registration Act 1994 F604] ; [F605 (including a nil licence within the meaning of that Act) F605]

  • “owner”, in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, includes the person entitled to possession of the vehicle under the agreement; and

  • “local authority” [F606 and “traffic officer” have the meanings assigned to them F606] by section 100(5) and “vehicle” has the meaning assigned to it by section 99(5) of this Act .

Definitions used in section 101 7

licence

“licence” means a licence under this section;

Defined in s.43(14) · see it in the full Act
prescribed

“prescribed” means prescribed by regulations made under this section;

Defined in s.43(14) · see it in the full Act

“prescribed” means prescribed by regulations made by the Secretary of State;

Defined in s.142(1) · see it in the full Act
owner

subject to section 111(3) and (4) of, and paragraph 11(2) and (3) of Schedule 12 to, this Act, “owner”, in relation to a vehicle which is subject to a hiring agreement or hire-purchase agreement, means the person in possession of the vehicle under that agreement;

Defined in s.142(1) · see it in the full Act
the prescribed manner

(6) In this section, in section 7 of this Act and in Schedule 1 to this Act “street” includes any highway, any bridge carrying a highway and any lane, mews, footway, square, court, alley or passage whether a thoroughfare or not; and in subsection (4) above “the prescribed manner” means the manner prescribed by regulations made by the Secretary of State which were or are in force at the time of publication of the notice.

Defined in s.6(6) · see it in the full Act
local authority

(2) In this paragraph “local authority” has the meaning assigned to it by section 45(7) of this Act .

Defined in Sch.9 para.6(2) · see it in the full Act

“local authority” means the council of a London borough or the Common Council of the City of London;

Defined in s.43(14) · see it in the full Act
strategic highways company

“strategic highways company” means a company appointed under section 1 of the Infrastructure Act 2015 ;

Defined in s.142(1) · see it in the full Act
hiring agreement

6 In paragraph 2 above “statement of liability”, “hiring agreement” and “vehicle-hire firm” have the same meanings as in section 109 of this Act .

Defined in Sch.8 para.6 · see it in the full Act

Cases considering section 101 4

Clarke v Ryley & Anor

[2001] EWCA Civ 1169 · 28 June 2001

The court accepted that an order for return could not be made unless the custodian’s lawful charges were paid, and that those charges were payable by the vehicle owner. Clarke’s non-ownership therefore supported dismissal of his application. (see unpaginated judgment, paragraph beginning There is also the second ground)

Service Motor Policies At Lloyds v City Recovery Limited

[1997] EWCA Civ 2073 · 9 July 1997Interprets

Section 101 establishes the ultimate-disposal regime for abandoned vehicles. Where it applies, an owner seeking return before disposal must satisfy section 101(4), while sale proceeds are subject to deductions under section 101(5). Section 101(1) gives a competent authority a wide power to dispose of an apparently abandoned vehicle once the statutory time and circumstances for disposal have arisen, subject to the owner’s recovery rights before disposal. Section 101(3) supplies the relevant timing condition for disposal. The court assumed that the statutory time for disposal had arrived and did not decide that timing question. Section 101(4) requires a claimant to establish ownership and pay the prescribed removal and storage sums before an authority must permit recovery of an abandoned vehicle that has not been disposed of. A genuine offer to pay also prevents continued retention. Section 101(5) confirms that, after sale, an owner receives only the balance remaining after prescribed removal, storage and disposal sums are deducted. It supports the statutory entitlement to those sums.

Shiva Ltd v Transport for London

[2011] EWCA Civ 1189 · 2 November 2011

Cited as providing for the ultimate disposal of vehicles removed under the statutory powers. (see para [17]) Applies the release mechanism requiring payment of the parking penalty and removal and storage charges before the vehicle is removed by its owner. (see para [17])

What each judgment says about section 101 is in the case-law panel in the full Act.

Amendments and notes

19 notes from legislation.gov.uk

Amendments

  1. F593Words in s. 101(1) substituted (E.W.) (26.10.2006 for W. and 31.3.2008 for E.) by Traffic Management Act 2004 (c. 18), ss. 91, 99, Sch. 11 para. 3(1)(a); S.I. 2006/2826, art. 2(2)(c); S.I. 2007/2053, art. 3(1)(2)(g) (with arts. 1(2), 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3(c), 5)
  2. F594Words in s. 101(3)(a) repealed (E.W.) (18.10.2005 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 16(2), 107, 108, Sch. 5 Pt. 1; S.I. 2005/2896, art. 3(d) (with art. 5(1)); S.I. 2006/2797, art. 2(d) (with art. 9) (as amended by S.I. 2007/120, art. 3)
  3. F595S. 101(3)(b) substituted (E.W.) (18.10.2005 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 16(3), 108; S.I. 2005/2896, art. 3(d) (with art. 5(1)); S.I. 2006/2797, art. 2(d) (with art. 9) (as amended by S.I. 2007/120, art. 3)
  4. F596Words in s. 101(3) repealed (E.W.) (18.10.2005 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 16(4), 107, 108, Sch. 5 Pt. 1; S.I. 2005/2896, art. 3(d) (with art. 5(1)); S.I. 2006/2797, art. 2(d) (with art. 9) (as amended by S.I. 2007/120, art. 3)
  5. F597S. 101(4)-(6) omitted (E.W.) (26.10.2006 for W.) and repealed (E.W.) (31.3.2008) by virtue of Traffic Management Act 2004 (c. 18), ss. 91, 98, 99, Sch. 11 para. 3(1)(b), Sch. 12 Pt. 1 (with s. 38); S.I. 2006/2826, art. 2(2)(c); S.I. 2007/2053, art. 3(1)(2)(g) (with arts. 1(2), 4-8 (as amended (17.3.2008) by S.I. 2008/757, arts. 3(c), 5)); S.I. 2007/3174, art. 2, Sch.
  6. F598Word in definition of "competent authority" in s. 101(8) omitted (4.4.2001) by virtue of S.I. 2001/1353, art. 5(a)
  7. F599Words in definition of "competent authority" in s. 101(8)(b) inserted (4.4.2001) by S.I. 2001/1353, art. 5(b)
  8. F600Words in definition of "competent authority" in s. 101(8) omitted (E.) (1.10.2008) by virtue of The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008 (S.I. 2008/2367), reg. 13(3)(a)(i)
  9. F601Para. (c) and preceding word in definition of "competent authority" in s. 101(8) inserted (4.4.2001) by S.I. 2001/1353, art. 5(c)
  10. F602Para. (d) and preceding word in definition of "competent authority" in s. 101(8) inserted (E.) (1.10.2008) by The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008 (S.I. 2008/2367), reg. 13(3)(a)(ii)
  11. F603Words in definition of "competent authority" in s. 101(8) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 93; S.I. 2015/481, reg. 2(a)
  12. F604Word in definition of "licence" in s. 101(8) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66, Sch. 3 para. 18(1) (with s. 57(4))
  13. F605Words in definition of "licence" in s. 101(8) inserted (E.W.) (18.10.2005 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 16(5), 108; S.I. 2005/2896, art. 3(d) (with art. 5(1)); S.I. 2006/2797, art. 2(d) (with art. 9) (as amended by S.I. 2007/120, art. 3)
  14. F606Words in definition of "local authority" in s. 101(8) substituted (E.) (1.10.2008)by The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008 (S.I. 2008/2367), reg. 13(3)(b)

Modifications

  1. C271S. 101 modified (10.6.1993) by S.I. 1993/1461, art. 4(2).
  2. C272S. 101: certain functions transferred (31.12.2004) by The National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044), art. 2, Sch. 1
  3. C273Ss. 100-102: power to amend or apply (with modifications) conferred (E.W.) (4.10.2004 for E. and 1.5.2009 for W.) by Traffic Management Act 2004 (c. 18), ss. 9(2), 99 (with s. 38); S.I. 2004/2380, art. 2(a); S.I. 2009/1095, art. 2(a)
  4. C274Ss. 101-103 applied (15.3.2018) by City of London Corporation (Open Spaces) Act 2018 (c. i), s. 13(5)(b) (with ss. 3, 4(2))

Extent

  1. E4This version of this provision extends to England and Wales only; a separate version has been created for Scotland only