48ARemoval and disposal of abandoned articles

48A Removal and disposal of abandoned articles

[Section 48A Inserted by No. 71 of 1967, s. 5 ]

(1)  Where it appears to the road authority that an article has, without lawful authority, been abandoned on a State highway or subsidiary road, the road authority may remove the article from that highway or road.

(2)  Where an article has been removed from a State highway or subsidiary road under this section the road authority may, subject to this section, dispose of it in such manner as it thinks fit –

(a) if, within one month of its removal from the highway or road, possession has not been taken of the article under subsection (4) ; or

(b) if the road authority is satisfied that the article is of no value or the amount that might be received from its sale would not be sufficient to defray the cost of its removal from the highway or road and its storage for the period of one month thereafter.

(3)  Notwithstanding anything in subsection (2) , if the article is the carcase of an animal or of a perishable nature the road authority may at any time dispose of it in such manner as it thinks fit.

(4)  Unless the article has otherwise been disposed of in accordance with this section, the road authority, on a claim made to it by a person who satisfies it that he is an owner of the article, shall allow that person to take possession of the article on the payment by him of the expenses reasonably incurred in the removal of the article from the State highway or subsidiary road and in its storage until possession of the article is taken by that person.

(5)  If under subsection (2) or (3) an article is sold and the amount recovered from its sale exceeds the cost of its removal from the State highway or subsidiary road and of its storage until the time it is sold, the road authority shall, on a claim made to it, within 6 months of its being so removed, by a person who satisfies the road authority that he is an owner of the article, pay to that person the amount of the excess.

(6)  Where, before payment is made under subsection (5) in respect of any article, 2 or more separate claims are made under that subsection by persons each of whom the road authority is satisfied is an owner of that article, it shall pay the sum otherwise required to be paid under that subsection to such one of them, or divide that sum between all or some of them in such manner, as may be agreed between them or, in default of agreement, as may be determined by a justice on the application of any of them.