Power To Require/move Vehicles Flashcards
What does power under 48(1) allow a constable to do in relation to removing vehicle?
Remove it himself
If it’s to be disposed of then must put on notice to say it’ll be disposed of in 7 days
What does power under 47(1) allow constable to do in relation to moving vehicle?
If it’s broken down, abandoned or causing obstruction they can ask owner/driver/ person in charge to move it
When can vehicle be disposed of?
If it’s abandoned and
a) is in such a state that officer feels it needs disposed of and no tax displayed
b) is in such a state that officer feels it needs disposed of and tax displayed
Has expired ( plus 14 days grace)
c) in any other case the officer has taken reasonable steps to find owner and either
i) officer failed to find owner
ii) owner did not comply with 21 day notice
What does person need to do to claim back vehicle?
Prove owner and pay costs
What if it’s a year later and owner I’d found after car sold?
Must pay them back any surplus got from sale after costs taken out