Over the last year, on a number of occasions I have been asked to deal with cars abandoned within housing estates. Fingal County Council’s website advertises that the Council will remove abandoned cars, subject to certain conditions. However, I’ve recently been contacted by residents in Luttrellstown, Burnell and Woodvale about abandoned cars in their estates and the difficulty they were facing in getting the Council to remove the cars.
In light of this, I asked my Green Party colleagues on the Council to put a question to the County Manager on how the Council deals with abandoned cars.
Currently, section 71 of the Waste Management Act 1996 makes it an offence to abandon a vehicle and gives local authorities the power to remove these. In his response the County Manager outlined the expense that the Council incurs in the process of removing abandoned cars and how difficult it is to recoup this expense from the owners. He also pointed out how in two situations, the Council was successfully brought to the courts for destroying vehicles without the owners consent.
One gets the impression both from the response of the County Manager and from the difficulties residents face in getting the Council to act to remove an abandoned car that the current system is not working to its full potential. If this is the case and the legislation needs to be amended in order to make enforcement easier, the County Manager needs to come out and say this.
Further, I think the Fingal CC website needs to be amended to fully set out what the Council has to undertake in order to legally remove an abandoned car. I think this way, the Council could lessen the frustration of residents who often feel that the long time periods that the Council have to take in order to research the owners of these vehicles means that the Council is refusing to act.
Text of response from County Manager
COMHAIRLE CONTAE FHINE GALL
FINGAL COUNTY COUNCIL
Council Meeting
MONDAY 8th DECEMBER 2008
ITEM NO.7
Conditions re. removal of Abandoned Vehicles
Question Councillor D. Healy
“To ask the Manager to outline what are the conditions whereby the Council will remove abandoned cars from public places and in particular, to clarify where abandoned cars will only be removed if their tax is out of date and their number plates are missing?”
Reply
The removal of abandoned vehicles is dealt with under Section 71 of the Waste Management Act 1996. This Section makes it an offence to abandon a vehicle and empowers a local authority to remove it to storage. The period of storage if ownership details are known is two weeks and if no ownership is known it extends to four weeks. The cost of storage is intended to be recoverable from the owner. Storage of a vehicle for up to 4 weeks could add a cost of approx. €700 per vehicle to the Council’s costs with, in reality, very little chance of recovery.
The Litter Wardens spend a considerable amount of time checking ownership details, contacting owners, using notices affixed to vehicles advising owners that the vehicle is to be removed in an attempt to have the owner remove the vehicle. Legal proceedings against the Council in two cases were successful for removal and destruction of a vehicle without the owners consent.
The Road Traffic Act 1961 / 2004 gives the An Garda Síochána additional powers in relation to the removal of vehicles which are parked dangerously. It is an offence under the Traffic Acts to have a vehicle parked on a public road without tax and insurance. This is a matter for the Gardai to enforce.