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Abandoned Vehicles and the Law

 

 

Introduction

The purpose of these pages is to provide an insight into the legislation and procedures used by Fareham Borough Council when dealing with abandoned vehicles. The Council aims to provide the best service possible in response to complaints of abandoned vehicles.

What legislation do we follow? This Council enforces 3 main pieces of legislation:

  • Civic Amenities Act 1967
  • Refuse Disposal (Amenity) Act 1978 (amended 2002)
  • Road Traffic Regulation Act 1984.

What is an abandoned vehicle?

An abandoned vehicle is one that appears not to be in regular use and/or is not displaying a valid road disc (unless on private land with the landowner or occupier's permission) for which no owner can be found.

What if the vehicle is in a river or other body of water?

There is a shared responsibility between the landowner, police and Environment Agency. Any such vehicle can be reported to this Council for investigation.

What happens if the vehicle is on the highway and taxed?

The Council has no power of removal in respect of taxed vehicles. This is a matter for the police/DVLA, who should be informed accordingly.

 

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Do we deal with burnt out vehicles?

Yes, however, it is important to understand that burnt out vehicles are more than just an eyesore, they represent a substantial risk to health. They contain fluoroelastomers, a synthetic rubber-like material commonly used in the manufacture of gaskets, which are normally harmless. When a vehicle burns it releases small quantities of hydofluoric acid, which is corrosive. If you or members of your family have touched one, wash the skin thoroughly. If you have touched a sticky component, the affected areas of skin should be washed under running cold water for at least 15 minutes and medical advice should be sought. Advise the doctor if possible hydrofluoric acid contamination.

How do I claim a vehicle?

You will have to satisfy the Council that the vehicle was not abandoned and prove that you are the legal, registered keeper. If the vehicle is in storage, you will be required to pay any outstanding costs incurred before the vehicle is released. If you are responsible for the abandonment of any vehicle you may also be prosecuted. If found guilty, you could be fined up to £2,500 or face up to 3 months imprisonment.

What happens to unclaimed vehicles?

Wrecked, untaxed vehicles, abandoned on the highway, can be authorised for disposal after only 24 hours. If the vehicle is in good condition, untaxed and in a similar location, the time period is 7 days. Vehicles abandoned on all other land in the open air can be disposed of, after the expiry of a 15 day Notice or sooner, if the land owner/occupier confirms that the vehicle is not wanted on their land. Vehicles of a higher value will be taken into storage and tenders will be sought for their sale in order to recoup some of the costs incurred.

 

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How does the Council respond to a complaint of an abandoned vehicle?

Our enforcement officer will:-

  • Visit the vehicle within 2 working days after receiving the notification.
  • Assess the vehicle and if in the opinion of the Council it appears to be abandoned and is on the public highway, the appropriate notice will be attached to the same ie, 7 day disposal/destruction notice or a 24 hour destruction notice (wreck).
  • On all other land in the open air, a 15 day notice is placed on the vehicle, to inform the registered keeper of the vehicle and/or the owner/occupier of the land, that the vehicle is being viewed as abandoned.
  • Take all necessary steps to trace the owner of the vehicle. If the registered keeper/owner cannot be traced then, on expiry of the notice, the vehicle will be removed and impounded or destroyed.
  • If the owner of the vehicle comes forward, no further action can be taken by the Council in normal circumstances. Where the vehicle concerned is untaxed, the DVLA should be informed.
  • Vehicles causing an obstruction or parked in a dangerous position on the highway should also be reported to the police.

This information is available as a leaflet, if you would like a copy please email us on customerservices@fareham.gov.uk or telephone us on 01329 236100.