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Road Rules 6 Click to email this article   Click to share on twitter   Click to share on facebook
 
   

Vehicle left or abandoned on public road

 

(1) Any vehicle standing on a public road in a position or in circumstances which in the opinion of a traffic officer, are likely to cause danger or an obstruction to other traffic on such road, may be removed forthwith to a safer place by any such traffic officer or person or authority instructed by such officer to remove such vehicle: Provided that such traffic officer or person or authority shall, in removing such vehicle, use such device or devices as may be necessary having regard to the public safety.

(2) Any vehicle--

  • parked in a place where--
  • i.> the stopping of a vehicle is prohibited; or

    ii.> a vehicle of a class to which such vehicle belongs may not be parked;

  • left for a continuous period of more than--
  • i.> 24 hours in the same place on a public road outside an urban area;

    ii.> seven days in the same place on a public road within an urban area; or

    iii.> seven days on the site of any testing station; or

  • found on a public road and to which--
  • i.> no licence number is affixed or, in the opinion of a traffic officer, a false licence number is affixed; or

    ii.> no other number or anything else is affixed which may, in the opinion of a traffic officer, serve to identify the owner,

    shall be deemed to have been abandoned by the owner and such vehicle may be removed by or on behalf of the authority having jurisdiction over the place or road concerned and such authority shall take all reasonable steps to trace the owner, and the owner shall, except in the case of a stolen vehicle, be liable to such authority for the expenses incurred--

    a.> in the removal of such vehicle;

    in keeping the vehicle in custody for a period not exceeding four months; and

    in connection with the endeavour to trace him or her,

    and such authority may, subject to the provisions of rule (3), retain possession of such vehicle until such expenses have been paid.


    (3) If--

  • such owner is traced by the authority and fails to recover the vehicle concerned and pay the expenses referred to in that subregulation within 14 days after being requested to do so; or
  • after a lapse of one month from the date of removal, the owner cannot be traced,
  • such vehicle or anything contained therein may be sold in the manner prescribed by any law governing the sale of movable property by such authority and, whenever possible, the authority which registered such vehicle shall be advised of such sale.


    (4)
    The proceeds of any sale shall be applied firstly to the costs of the removal, custody and sale of the vehicle concerned and all the endeavours made to trace the owner of such vehicle, and any balance shall be paid to the owner thereof upon his or her establishing his or her claim thereto: Provided that if no claim can be established within one year from the date of such sale, such balance shall be forfeited to the authority concerned.

    (5) If an authority is unable to sell any vehicle, it may dispose of that vehicle in any manner it deems fit, and any moneys received as a result of such disposal shall be forfeited to such authority.

    (6) An authority may delegate, either generally or specifically, any power conferred upon it in terms of that subregulation to any person in its employment.

    (7) The reasonable exercise by any person or authority of the powers conferred by this regulation shall not render such person or authority subject to any liability in respect of the loss or theft of or damage to any vehicle or part thereof or of anything therein or thereon.

    (8) Subject to the provisions of any other law, no person shall leave a vehicle in the same place on a public road for a continuous period of more than seven days.

     
     
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    Content provided by the National Road Traffic Act

     
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