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