Nuisance vehicles

What are nuisance vehicles?

A nuisance vehicle could be any of the following:

Poorly parked;
Causing an obstruction;
Involved in residential parking disputes;
Broken down;
Untaxed. (ENCAMS)

An abandoned vehicle is always a nuisance, but a nuisance vehicle is not always abandoned. 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. (ENCAMS 2006)

Legislation

Local authorities are under a duty under Section 3 of the Refuse Disposal (Amenity) Act 1978, to remove a vehicle which is abandoned in their area, on any land in the open air, or on any other land forming part of a highway. However, this does not cover vehicles abandoned on private land. Under this Act, abandoning a vehicle is a criminal offence, carrying a maximum penalty of a fine of £2,500 or three months' imprisonment, or both. (ENCAMS)

When dealing with nuisance vehicles the local authority will firstly try to establish ownership by making enquiries with neighbours and local businesses and contacting the police and/or DVLA. Nuisance vehicles cannot be removed under abandoned vehicle legislation, but there are acts that can be used to remove a nuisance vehicle:

The highway authority has the power to give notice to remove anything from the highway that may cause a nuisance (Highways Act 1980, section 149 [1 and 2]).
The highway authority has the power to remove anything from the highway that may constitute a danger, including items that would obstruct the view of other highway users such as vehicles (Highways Act 1980, section 149 [1 and 2]).
A police constable has the power to remove any vehicle on a road or on any land that appears to have been abandoned without lawful authority (Removal, Storage and Disposal of Vehicle Regulations 1986).
Local planning authorities have the power to serve notice in cases where there are activities detrimental to the amenity of the area. However, this is a lengthy process and is not often used (Town and Country Planning Act 1990 [section 215]). (ENCAMS 2006)

What is happening in London?

The issue of Nuisance Vehicles was included during the Capital Standards Enforcement Week 2005 with almost 200 activities being undertaken to address the issue during the week.