195BRemoval of stationary vehicles

195B Removal of stationary vehicles

(a) a project authority has closed a road to traffic under section 186D; and

(b) on that road there is—

(i) parked or left standing an unregistered vehicle; or

(ii) a vehicle unlawfully parked or left standing in an area designated under clause 5(1)(b) of Schedule 4 to the Road Management Act 2004; or

(iii) a vehicle that, in the opinion of the project authority, is abandoned; or

(iv) a vehicle causing an unlawful obstruction; and

(c) the project authority is of the opinion that the vehicle is obstructing or delaying the carrying out of works—

(i) for the purposes of an approved project; and

(ii) for which the road is closed.

(2) Subject to this section, the project authority may—

(a) enter the vehicle using, if necessary, reasonable force, for the purpose of conveniently or expeditiously moving it; and

(b) move the vehicle to the nearest convenient place; and

(c) store the vehicle.

(3) Except in the case of an unregistered vehicle or abandoned vehicle, before a power under subsection (2) is exercised in respect of the vehicle, the project authority must—

(a) make reasonable endeavours to give the registered operator a notice that contains the specified matter; and

(b) arrange for the affixing of a copy of the notice under paragraph (a) on the vehicle.

(4) In addition, except in the case of an unregistered vehicle or abandoned vehicle, a project authority may exercise a power under subsection (2) in respect of a vehicle only after—

(a) making the reasonable endeavours referred to in subsection (3)(a); or

(b) 48 hours after the affixing of a notice under subsection (3)(b)—

whichever occurs last.

(5) For the purposes of subsection (3), the specified matter is—

(a) a description of the basis for the exercise of a power under subsection (2) in respect of the vehicle; and

(b) a description of the powers that may be exercised under subsection (2) in respect of the vehicle; and

(c) the date on or after which the powers under subsection (2) will be exercised in respect of the vehicle if the vehicle is not moved to a place where it is not obstructing or delaying the carrying out of works for which the road is closed.

(6) In this section—

registered operator, of a vehicle, has the same meaning as in the Road Safety Act 1986;