Road Traffic Regulation Act 1984, section 99

Removal of vehicles illegally, obstructively or dangerously parked, or abandoned or broken down

Part VIII Control and Enforcement

(1)The Secretary of State may by regulations make provision for the removal of vehicles which have been permitted to remain at rest—

(a)on a road[F570 or other landF570] in contravention of any statutory prohibition or restriction, or

(b)on a road[F571 or other landF571] in such a position or in such condition or in such circumstances as to cause obstruction to other persons using the road[F572 or land concernedF572] or as to be likely to cause danger to such persons, or

(c)on a road[F573 , or on any land in the open air, [F573 or other landF573,F573]] in such a position or in such condition or in such circumstances as to appear, to an authority empowered by the regulations to remove such vehicles, to have been abandoned without lawful authority,

or which have broken down on a road[F574 or other landF574] .

(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[F575 or on land other than a roadF575] ;

[F576 (aa)may provide, in the case of a vehicle which may be removed from land other than a road, for the moving of the vehicle from one position on such land to another position on such land or on any road;F576]

(b)F577may 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; . . .

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where it appears to an authority which (apart from this subsection” is empowered to remove a vehicle in pursuance of regulations under this section that the vehicle is on land [F578other than a roadF578] which is occupied by any person, the authority shall give him notice in the prescribed manner that they propose to remove the vehicle in pursuance of the regulations, and shall not be entitled to remove it if he objects to the proposal in the prescribed manner and within the prescribed period.

F579 (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this section “vehicle” means any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle.

F580 ( 6 )For the purposes of this section, the suspension under section 13A or 49 of this Act of the use of a parking place is a restriction imposed under this Act.

Definitions used in section 99 4

road

“road”—

(a)

in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes, and

(b)

in Scotland, has the same meaning as in the Roads (Scotland) Act 1984;

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

“statutory”, in relation to any prohibition, restriction, requirement or provision, means contained in, or having effect under, any enactment (including any enactment contained in this Act);

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
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

Cases considering section 99 4

Shiva Ltd v Transport for London

[2011] EWCA Civ 1189 · 2 November 2011Interprets

Interprets the statutory removal scheme and identifies the differing language of the contravention, obstruction and abandonment limbs. The Court leaves the wider construction question open but holds that removal cannot rest solely on the earlier penalty notice. (see paras [12]-[19]; [28]-[31]) Interprets the removal power for a vehicle left in contravention of a statutory restriction. The Court does not finally decide whether objective contravention is required or whether a reasonable considered judgment may suffice, but holds that the removal decision required separate consideration. (see paras [12]-[15]; [28]-[31]) Uses the obstruction limb, and the reasoning in Carey, as an analogy for a possible requirement that the officer make a considered judgment based on the circumstances and available information. (see paras [26]-[30]) Explains the contrast between abandonment based on appearance and the contravention and obstruction limbs. The Court treats that contrast as relevant to the construction of the removal power. (see paras [13]; [26]-[30])

Clarke v Ryley & Anor

[2001] EWCA Civ 1169 · 28 June 2001Interprets

The court treated section 99(1) as the statutory basis for regulations concerning removal of vehicles which appear to an authorised authority to have been abandoned without lawful authority. Its operation was considered together with regulation 4(c), which focuses on the constable’s perception. (see unpaginated judgment, paragraph beginning The conclusions that I have come to) The court treated section 99(1)(c) as authorising regulations for removing vehicles left on a road or open land in circumstances appearing to an authorised authority to show abandonment without lawful authority. (see unpaginated judgment, paragraph beginning The conclusions that I have come to)

Shiva Ltd v Transport for London & Anor

[2010] EWHC 3171 (QB) · 8 December 2010Interprets

Interprets section 99 as authorising regulations for removal of vehicles on a road in contravention of a statutory prohibition or restriction. The provision supplied the statutory basis for the removal regulations (see para [7]).

What each judgment says about section 99 is in the case-law panel in the full Act.

Amendments and notes

14 notes from legislation.gov.uk

Amendments

  1. F570Words in s. 99(1)(a) inserted (E.W.) (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 55(2)(a), 120 (with s. 97); S.I. 2012/2075, art. 3(b)
  2. F571Words in s. 99(1)(b) inserted (E.W.) (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 55(2)(b)(i), 120 (with s. 97); S.I. 2012/2075, art. 3(b)
  3. F572Words in s. 99(1)(b) inserted (E.W.) (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 55(2)(b)(ii), 120 (with s. 97); S.I. 2012/2075, art. 3(b)
  4. F573Words in s. 99(1)(c) substituted (E.W.) (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 55(2)(c), 120 (with s. 97); S.I. 2012/2075, art. 3(b)
  5. F574Words in s. 99(1) inserted (E.W.) (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 55(2)(d), 120 (with s. 97); S.I. 2012/2075, art. 3(b)
  6. F575Words in s. 99(2)(a) inserted (E.W.) (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 55(3)(a), 120 (with s. 97); S.I. 2012/2075, art. 3(b)
  7. F576S. 99(2)(aa) inserted (E.W.) (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 55(3)(b), 120 (with s. 97); S.I. 2012/2075, art. 3(b)
  8. F577S. 99(2)(c) and the word "and" preceding it repealed (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch.8; S.I. 1991/2054, art. 3,Sch.
  9. F578Words in s. 99(3) inserted (E.W.) (18.10.2005 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 15(2), 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)
  10. F579S. 99(4) repealed (E.W.) (18.10.2005 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 15(2), 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)
  11. F580S. 99(6) inserted (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4, para. 32; S.I. 1991/2054, art. 3, Sch.

Modifications

  1. C263S. 99 extended by Airports Act 1986 (c. 31, SIF 9), s. 66(3)
  2. C264S. 99 modified (3.4.1996) by 1989 c. 4, s. 16D (as added by 1996 c. 7, s. 5)
  3. C265S. 99: 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