S.I. No. 5/1971 - Road Traffic (Removal, Storage and Disposal of Vehicles) Regulations, 1971.

S.I. No. 5 of 1971.

ROAD TRAFFIC (REMOVAL, STORAGE AND DISPOSAL OF VEHICLES) REGULATIONS, 1971.

The Minister for Local Government, in exercise of the powers conferred on him by section 5 of the Road Traffic Act, 1961 (No. 24 of 1961) and section 97 of the said Act, as substituted by section 63 of the Road Traffic Act, 1968 (No. 25 of 1968), hereby makes the following Regulations:—

PART I.Preliminary and General.

1. These Regulations may be cited as the Road Traffic (Removal, Storage and Disposal of Vehicles) Regulations, 1971.

2. (1) In these Regulations:

"the Act" means the Road Traffic Act, 1961 ; "car park" means a car park provided under section 101 of the Act;

"the Commissioner" means the Commissioner of the Garda Síochána;

"day" means any period of 24 hours;

"unlawfully parked" means parked in contravention of the Act, or of a regulation, bye-law or rule thereunder;

(2) In these Regulations a reference to a vehicle which has been abandoned shall be construed as including a reference to a vehicle which appears to have been abandoned.

PART II.Removal and Storage of Abandoned Vehicles.

3. (1) A vehicle which has been abandoned on a public road or in a car park may be removed by or on the authority of a road authority.

(2) Where an officer of the Garda Síochána not below the rank of Superintendent requests a road authority to remove an abandoned vehicle, the road authority shall comply with such request.

(3) A road authority may take such steps, including the making of an arrangement with any person, as they think fit, for the removal of an abandoned vehicle in a particular case or generally, and for the storage of any vehicle so removed.

PART III.Removal and Storage of Unlawfully Parked Vehicles.

4. An unlawfully parked vehicle may be removed by or on the authority of

(a) a member of the Garda Síochána, or

(b) where a road authority, after consultation with the Commissioner, have appointed persons for that purpose, a person so appointed

and for that purpose such member or person may take such steps, including the making of an arrangement with any person as he may think fit for the removal of such vehicle and for the storage of a vehicle so removed.

PART IV.Removal and Storage Charges.

5. Where a vehicle has been removed and stored in accordance with the provisions of these Regulations, there shall be payable by the owner of the vehicle to the road authority or the Commissioner, as the case may be, a removal and storage charge as follows :–

(a) for the removal of the vehicle£5;

(b) for the storage of the vehicle-10 shillings for each day or part of a day during which the vehicle is stored.

6. (1) Subject to the provisions of paragraph (2) of this article, a vehicle which has been removed or stored under these Regulations shall not be released until the person claiming the vehicle produces satisfactory evidence that he is the owner of the vehicle or is authorised by the owner to claim the vehicle and pays the charges due for the removal and storage of the vehicle in accordance with the provisions of article 5 of these Regulations.

(2) If the owner of a vehicle which has been removed and stored in accordance with the provisions of these Regulations shows to the satisfaction of the road authority or the Commissioner, as the case may be, that the vehicle was unlawfully parked while being used by another person and that such use was unauthorised, the road authority or the Commissioner, as the case may be, may remit the charges incurred for the removal and storage of the vehicle.

PART V.Disposal of Vehicles.

7. Subject to the provisions of subsection (4) of section 97 of the Act, a road authority or the Commissioner, as the case may be, may dispose of a vehicle which has been removed and stored in accordance with the provisions of these Regulations, in any manner they or he think fit where the owner of the vehicle has not claimed it or has not paid the charges due in accordance with the provisions of article 5 of these Regulations.

8. Where a road authority or the Commissioner proposes to dispose of a vehicle in accordance with the provisions of these Regulations, the road authority or the Commissioner, as the case may be, shall

(a) serve on the owner a notice of intention to dispose of the vehicle or,

(b) where it has not been found possible after reasonable enquiry to ascertain the name and address of the owner of the vehicle, publish in at least one daily newspaper notice of intention to dispose of the vehicle.

PART VI.Disposal of Moneys received on foot of Removal, Storage or Disposal of Vehicles.

9. (1) Moneys received by a road authority on foot of the removal, storage or disposal of an abandoned or unlawfully parked vehicle shall be disposed of by being lodged—

(i) in case the road authority is the corporation of a county or other borough, or the council of an urban district, to the credit of the municipal fund of the county borough, borough or urban district, or

(ii) in case the road authority is the council of a county, to the credit of the county fund of the county

and shall be applied by the road authority,

(a) towards the payment of the costs incurred in administering and operating a scheme for the removal, storage and disposal of abandoned or unlawfully parked vehicles, and

(b) after payment referred to in paragraph (a) by being transferred as capital money to the capital account of the road authority and by being then applied with the approval of the Minister for Local Government for the provision or extension of parking facilities, road improvements, traffic controls or other similar traffic improvements.

(2) Moneys received by the Commissioner on foot of the removal, storage or disposal of an unlawfully parked vehicle shall be disposed of by being transferred to the road authority in whose functional area the vehicle was unlawfully parked and shall be disposed of by the road authority in the manner provided in paragraph (1) of this article.

(3) Notwithstanding the provisions of paragraph (1) of this article, where before the expiration of the period of one year commencing on the date of the disposal of a vehicle by a road authority or by the Commissioner, a person satisfies the road authority or the Commissioner, as the case may be, that he is the owner of the vehicle, the road authority or the Commissioner shall pay him a sum by which the proceeds of the disposal exceed the charges incurred for the removal and storage of the vehicle together with the expenses reasonably incurred in the disposal of the vehicle.

GIVEN under the Official Seal of the Minister to Local Government

this 13th day of January, 1971.

ROBERT MOLLOY,

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations empower a road authority to remove, store and dispose of vehicles which have been abandoned on a public road or in a public car park. They empower the Gardaí and, in certain circumstances, a road authority to remove, store and dispose of unlawfully parked vehicles.

The Regulations prescribe charges for the removal and storage of vehicles and provide for the disposition of moneys received on foot of the removal, storage or disposal of vehicles.