Abandoned Vehicles

Definition

A vehicle is only abandoned ‘where it appears to a local authority that a motor vehicle is abandoned without lawful authority...’ (Refuse Disposal (Amenity) Act 1978). This means that a vehicle is only abandoned when the authorised officer at the local authority decides that it is abandoned.

It is not always easy to know if a vehicle is abandoned but the following points should allow a reasoned judgement to be made:

• Is the vehicle taxed? (This should not be the sole consideration)
• Are the tyres flat?
• Is there any litter, weeds, etc. under the vehicle indicating that it has not been moved for some time?
• Are the brake discs rusty?
• Is the windscreen or any of the windows broken?
• Is mould present on either the inside or the outside of the vehicle?
• Does the vehicle contain items of waste, for example tyres?
• Does the vehicle have a number plate?
• Do local householders, businesses, councillors or the police know how long the vehicle has been there and do they have any knowledge of who owned/abandoned it?

Public Highway

Local authorities have powers to remove abandoned vehicles from the public highway (being the road, pavement etc. up to the curtilage of a property), under the Refuse Disposal (Amenity) Act 1978.

The statutory notice period of removal for disposal of 'wrecks' (i.e. those cars without residual value - vandalised and burn-outs) is now 24 hours. For vehicles, which have some value the notice period is 7 days.

Procedure for a 'wreck' (i.e. thought to have no or little saleable value):

• 24 hour notice is attached to the vehicle
• Vehicle is photographed
• After 24 hours, if the vehicle still remains, then the contractor removes it
• Burnt out wrecks are removed by the Council's contractor straight away, without necessarily waiting for notice period
• DVLA and Police notified of removal

Procedure for those vehicles with some value:

• 15 day notice is attached to the vehicle
• Vehicle is photographed
• DVLA are contacted to try and locate the current owner, to prevent repercussions (can currently take DVLA up to 3 weeks to respond)
• If current keeper identified, letter sent requesting removal within 7 days
• If vehicle remains after 7 days, removal carried out by Council's contractor
• A Notice is attached at the same time as contacting the DVLA. Because the extended response time of the DVLA, the vehicle is likely to remain longer than the seven days indicated by the notice
• DVLA and Police notified of removal

The present contract requirement is for the Council's Contractor to remove the vehicle within 48 hours of notification. However, there is currently only one abandoned vehicle contractor who is approved by Leicestershire County Council and is licensed to remove end of life vehicles, which are now classed as hazardous waste under new EU regulations, so the workload may delay the response time.

To compensate for this, CBC may prioritise the order in which vehicles are removed, and those that are burnt out, vandalised or abandoned near schools are given priority.

Council Owned Land

The regulations only affect vehicles on public highway and not private land.

To report a vehicle you believe to be abandoned on the highway or Council Land please contact 01509 634563 or report it using our on-line form below.

Private Land

For vehicles abandoned on private land not covered above, the Council can remove abandoned vehicles if requested by the landowner, but the landowner must take legal and financial responsibility. If he/she decides to use the Council to remove the vehicle, there is a charge by the council to cover costs (£35.25 incl. VAT per vehicle). We normally try to trace the keeper via DVLA, and attach a 7-day notice and photograph the vehicle before removing it. The landowner does not have to use the Council to remove an abandoned vehicle on their land. Private land includes residential car parks that are associated with private housing estates.

Environmental Health currently have no involvement with abandoned vehicles on private land, although they potentially could get involved where an abandoned vehicle is leading to a nuisance or significant threat of environmental pollution.