Road Traffic (Removal of Vehicles) Rules

Status:

Not current version
(version history — see timeline)

Road Traffic Act

(Chapter 276, Sections 123(1) and 140)

Road Traffic (Removal of Vehicles) Rules

R 4

REVISED EDITION 1990

(25th March 1992)

[12th March 1971]

Citation

1. These Rules may be cited as the Road Traffic (Removal of Vehicles) Rules.

Definitions

2. In these Rules —

“vehicle” includes any trailer drawn or any load carried thereby;

“relevant statutory provision” means any statutory provision specified in the First Schedule.

Vehicle causing obstruction

3.—(1) This rule applies to a vehicle which —

(a)	has broken down, or has been parked or permitted to stand, on a road in such a position or in such condition or in such circumstances as to cause obstruction to other persons using the road or as to be likely to cause danger to such other persons; or
(b)	has been parked or permitted to stand on a road in contravention of any relevant statutory provision.

(2) A police officer may require the owner, driver or other person in control or in charge of any vehicle to which this rule applies to remove it or cause it to be removed.

Powers of police officer

4. Where it appears to a police officer that a vehicle —

(a)	is a vehicle to which rule 3 applies; or
(b)	has been abandoned,

such officer may take all reasonable steps to remove the vehicle or arrange for it to be removed, and where necessary may provide for the detention and safe custody of the vehicle:

Provided that the powers conferred on a police officer by this rule shall not be exercised in the case of any vehicle by reason only of its being a vehicle which is causing obstruction unless the police officer is of the opinion that, having regard to all the circumstances and the extent of the obstruction which the vehicle is causing, the vehicle ought not to remain where it is.

Method of removal of vehicle

5. Any person removing a vehicle under these Rules may do so by towing or driving the vehicle or in such other manner as he may think necessary.

Removal and storage charges

6. Any vehicle removed in accordance with rule 4 may be detained by the Deputy Commissioner of Police until there is paid to the Deputy Commissioner of Police a removal charge at the rates prescribed in the second column of the Second Schedule and a storage charge at the rates prescribed in the third column of that Schedule for each period of 24 hours or part thereof during which the vehicle is detained, such period to be reckoned from noon of the day after the day on which the vehicle was removed.

Liability of persons removing vehicles

7. Where a police officer removes or detains any vehicle or arranges for its removal or detention by any other person in accordance with rule 4, except upon proof of failure to exercise reasonable care, neither the police officer nor any such other person shall be liable to any action or demand whatsoever for the recovery of any alleged damage to such vehicle or otherwise in respect of the removal or detention thereof.

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