NORTHERN PARADE - Large vehicles and waste carriers.
There is always a lot to discussion around this and I wanted to put the facts out there. It’s easy to say ‘remove them all’, but you need the legislation to allow you to do it.
It is a lengthy post but hopefully helps you understand the councils position and what we can actually do.
There are in fact no relevant powers for a Local Authority to deal with the waste carrier vehicles which are deemed lawfully parked on unrestricted road space. I have provided general overview below with some officer help.
Overloaded Vehicles - remains under the purview of the Police - They would have to conduct visit to determine whether overloaded or not which is based upon the vehicle laden and un-laden ratios. The relevant legislature falls under The Road Traffic Act 1988 which requires “vehicle users” to ensure that vehicles are not overloaded. The enforcement of same is under Police powers only as conferred to in the Road Vehicles (Construction and Use) Regulations 1986
Wilful Obstruction - Highways Act - S137 - is not appropriate any proposed action through the courts for an offence of wilful obstruction under s137 or upon conviction - application for a vehicle removal order would fail; as the vehicles are lawfully parked on the public highway. A formal request laid before the court for an order for the owner to remove the vehicle from the highway is precluded by previous case law where the court direction was such that no obstruction occurred and the order would not be granted as a means that would allow other vehicles to park in the same unrestricted road space used by the vehicle subject to the s137 removal application.
Waste Carriers Environment Agency Issues - Checks have been carried out on the owners of the vehicles parked along Northern Parade which have been loaded with general & trade waste under Control of Pollution (Amendment) 1989 this established they are licensed waste carriers/brokers. These checks were done by asking the vehicle keepers to produce appropriate documentation during joint op's with the Police: and by checking licenses on the Environment Agency Website.
In regard to vehicles being parked up while loaded with waste. The Environment Agency inform that this is classed as waste in transit and is not an offence. The local authority do have a relevant power to take enforcement actions under section 34 of the Environment Protection Act 1990; should waste be escaping their control (E.G waste has fallen from the vehicle onto the highway) but on each occasion previous reports have been taken officers have visited but no evidence of escape has been seen. Should this be observed it can be reported to the Clean City shared inbox CleanCity.CleanCityServicesENG@portsmouthcc.gov.uk
Abandonment / Untaxed Vehicles - Two previous member of public reports of untaxed vehicles previously, found both vehicles were taxed but without MOT. This has not been devolved to Local Authorities as the local authority has no powers for MOT enforcement, this also remains solely under Police Powers s165 Road Traffic Act 1988 (Mobile Offence Only) The legislature does not confer to parked vehicles (No Offence) and the Police will not action unless the vehicle is observed to be driven on the Highway. There have been incidents where we can get them off the road as below needs to have no tax and no MOT.
Summary - I will continue to work with officers to ensure vehicles are removed, which are untaxed and abandoned. All we can do outside this remit is refer to the correct enforcing agency.
