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New legislation on derelict and abandoned vehicles to help regulate the misuse of parking spaces – 45/2022

By January 20, 2022 No Comments

In order to curb the problem of parking spaces on the public highway being used by abandoned or derelict vehicles, HM Government of Gibraltar has published new legislation, which comes into effect immediately.

Apart from the obvious concerns that they encroach upon public space, abandoned vehicles also pose an environmental hazard. Vehicles contain hazardous materials, including heavy metals, oils, plastics, batteries and paint. When abandoned vehicles begin to deteriorate, they can release these hazardous substances into the environment. Damaged derelict vehicles can also cause personal injury as a result of sharp metals and broken glass.

Legislation defines an abandoned/derelict vehicle to be one that;

  1. from its appearance exhibits a defect, damage or deterioration sufficient to prevent its proper operation on a road;
  2. it appears to have remained immobile in the same location for a period of not less than 15 days; and
  3. does not have a valid road worthiness certificate under the Motor Vehicles Test Regulations 1987.

A vehicle found to meet the criteria above will have a notice affixed to it, notifying the owner that the vehicle will be removed from the highway after a period of 24 hours with the intention of quick disposal.

Members of the public are reminded that when selling on a vehicle, it is the responsibility of the vendor to ensure that the changes to the vehicle ownership documentation be submitted promptly to the Driver and Vehicle Licensing Department (Log Book) in order to update records and they must ensure that they are given written confirmation from the department for this purpose. It should be noted that the last page of the Log Book includes said transfer form which can be filled in and handed over to the department for this purpose. Failure to do so would render the vendor liable to prosecution as the last registered owner.

Under the Traffic (Parking and Waiting) Regulations a person who leaves a derelict vehicle on a road or in a parking space or other place to which the public have access on payment of a fee or otherwise is guilty of an offence and liable on summary conviction to a fine at level 3 (£1,000) on the standard scale.

The Government however wishes to reiterate that any person owning a motor vehicle may dispose of said vehicle FREE OF CHARGE online https://portal.egov.gi/All-Services/DVLD/DVLDDispos or by attending in person to the Offices of The Driver and Vehicle Licencing Department (MOT Test Centre) at Eastern Beach Road with a copy of the vehicle’s Registration Document (Log Book).

The Minister for Transport, Hon Paul Balban, said: “This legislation is extremely important to prevent the abuse of parking spaces which are a limited and finite resource in Gibraltar.  The recent campaign carried out by the Royal Gibraltar Police, will serve to regain close to fifty parking spaces throughout Gibraltar.  This will see a more equitable use of parking spaces for all.”