speedyguy:
extrucker:
They can clear a vehicle to the h/s from the c/way but in some instances,this is not possible.EG: A broken down car in lane three stuck in park.By dragging to the h/s,we would cause more damage,which the HA would then be liable for.
Wanna bet
,
Gee. Is this turning into a ‘domestic’?

‘Damage’ would be little more that flat spots on a couple of tyres.
Power of traffic officer to require removal of vehicles from relevant roads
3.–(1) This regulation applies to a vehicle which–
(a) has broken down, or been permitted to remain at rest, on a relevant road in such a position or in such condition or in such circumstances as to cause obstruction to other persons using the road or as to be likely to cause danger to such persons; or
(b) has been permitted to remain at rest, or has broken down and remained at rest, on a relevant road in contravention of a prohibition or restriction contained in, or having effect under, any enactment mentioned in Schedule 1…
Power of traffic officer to remove vehicles from relevant roads
4.–(1) This regulation applies to a vehicle which–
(a) is a vehicle to which regulation 3 applies;…
(3) In exercising this power he may move it, or arrange for it to be moved, to another position on any road or to any other place.
The guiding Judicial decision in relation to this question goes back to the Aberfan disaster of…1966(?) This was the event where, after heavy rain, mud and slag slid down a hill and engulfed a school. Killing a large number of children.
Naturally, following the event, the sightseers and ‘ghouls’ descended upon the scene and, one of whom, parked (from memory) a brand new Rover 95 obstructing one of the main access routes for rescue equipment. When the owner could not located, and when the only other avenue (in those days, gash keys) failed to provide access to the vehicle. The decision was made to utilise a mobile crane, fitted with a four pronged grab, to lift it up by its roof and deposit it in an adjacent field.
Obviously, in the process, it became a ‘write off’.
The Insurer’s for the vehicle then sued the Police Force in question. In deciding the case the Court took notice of, what was then, the Removal of Vehicles Act. The contents and wording of which essentially amounts to a forerunner of the The Removal and Disposal of Vehicles (Traffic Officers)
(England) Regulations 2008.
IIRC, the decision went to Appeal. The final outcome was that, in the absence of other practicable means of removing the vehicle, and in the circumstances pertaining, the Force was not liable for the damage.
As I am unaware of any other decisions that might supersede this judgement, then TBH, I’m surprised that it is not ‘taught’ within the training syllabus.
I moved one to clear a lane on the M5 a week or so ago. Front stove in. Two ‘well flatted’ tyres on the offside. (I never bothered looking at the nearside.
) Got the keys off the driver. Engine started. A few uneven revolutions later, and an additional lane was open.
God. It STUNK afterwards. 