(1) Where any motor vehicle is abandoned, or left unattended, on a public place for ten hours or more or is parked in a place where parking is legally prohibited, its removal by a towing service or its immobilisation by any means including wheel clamping may be authorised by a police officer in uniform having jurisdiction.
(2) Where an abandoned, unattended, wrecked, burnt, or partially dismantled vehicle is creating a traffic hazard, because of its position in relation to the 1[public place], or its physical appearance is causing the impediment to the traffic, its immediate removal from the 1[public place] by a towing service may be authorised by a police officer having jurisdiction.
(3) Where a vehicle is authorised to be removed under sub-section (1) or sub-section (2) by a police officer, the owner of the vehicle shall be responsible for all towing costs, besides any other penalty.
Simplified Explanation
Section 127 of the Motor Vehicles Act addresses the issue of motor vehicles that are abandoned or left unattended in public places. This section is crucial for maintaining the cleanliness, order, and safety of public spaces. It ensures that vehicles, which are not in use and left unattended for extended periods, do not become hazards or obstruct regular traffic flow. Here’s a detailed explanation:
Under Section 127, authorities are given the power to remove, tow, or even dispose of vehicles that are considered abandoned or left unattended in public areas. This provision is designed to prevent the accumulation of such vehicles, which can lead to congestion, environmental hazards, and general public nuisance.
Key Points of Section 127:
- Definition of Abandoned Vehicles:
- The section defines what constitutes an “abandoned vehicle.” Typically, this includes vehicles left unattended for a prolonged period without any notice to authorities in areas where parking is prohibited, or which might obstruct traffic or create safety hazards.
- Authority to Remove:
- Local traffic authorities or police are empowered to remove any vehicle deemed to be abandoned or improperly left unattended in public spaces. This can include towing the vehicle to a designated area or impound lot.
- Procedure for Removal:
- The act generally stipulates a procedure that must be followed for the removal of such vehicles. This includes documenting the condition and location of the vehicle, notifying the owner (if known), and taking steps to ensure that the removal is done safely and legally.
- Fees and Fines:
- Owners of removed vehicles may be required to pay fees covering the cost of towing and storage. Additionally, fines may be imposed for violating public space usage norms.
- Disposal of Vehicles:
- If the vehicle is not claimed by the owner within a specified period, the authorities may have the right to auction or otherwise dispose of the vehicle. This is typically done to recover costs or clear impound lots.
Importance of Section 127:
- Public Safety and Aesthetics: Helps keep public spaces clear of hazards and maintains the aesthetic appeal of communal areas.
- Traffic Flow: Prevents disruptions in traffic caused by abandoned or improperly parked vehicles.
- Legal and Environmental Compliance: Encourages vehicle owners to comply with local laws and helps reduce potential environmental problems associated with abandoned vehicles.
This section reflects the efforts of the Motor Vehicles Act to maintain public order and safety by managing the spaces used daily by pedestrians and drivers alike. It provides a structured approach to dealing with the issues caused by vehicles that are not actively maintained or moved by their owners.
