Road Traffic Act 1961

This section applies if a light vehicle is removed to a convenient place under section 40N.

The person who removed the vehicle must ensure that the owner of the vehicle is notified of the removal of the vehicle and of the place to which the vehicle was removed—

by written notice—

served on the owner personally; or

sent by registered post to the owner's last-known residential address, forthwith after the removal of the vehicle; or

by public notice published in a newspaper circulating generally in the

If the owner of the vehicle does not, within 1 month after service or publication of the notice relating to the removal of the vehicle—

take possession of the vehicle; and

pay all expenses in connection with the removal, custody and maintenance of the vehicle and of serving, posting or publishing the notice, the relevant authority must, subject to subsection (4), offer the vehicle for sale by public auction.

If—

the vehicle is offered for sale by public auction but is not sold at the auction; or

the relevant authority reasonably believes that the proceeds of the sale of the vehicle would be unlikely to exceed the costs incurred in selling the vehicle, the relevant authority may dispose of the vehicle in such manner as the relevant authority thinks fit.

The relevant authority must apply any proceeds of sale of the vehicle as follows:

firstly, in payment of the costs of and incidental to the sale;

secondly, in payment of the costs of and incidental to the removal, custody and maintenance of the vehicle and of the notice served, posted or published under this section; and

thirdly, in payment of the balance to the owner of the vehicle.

If after reasonable inquiry following sale of the vehicle the owner of the vehicle cannot be found, the balance of the proceeds of the sale will be paid—

if the vehicle was sold by the Commissioner of Police or the

if the vehicle was sold by a council—to the council.

In this section—

in relation to a vehicle removed by a police officer—the Commissioner of Police; or

in relation to a vehicle removed by an officer of a council—the council; or

in relation to a vehicle removed by a person authorised by the