PARKING BY-LAWS PROPOSE AUCTION OF IMPOUNDED CARS

NHLANGANO – Nhlangano Town Council has introduced parking by-laws that are currently being viewed by the public for comments.

The by-laws will be used when the town council introduces ‘Pakani’ in town. Most of the by-laws will work hand-in-hand with the country’s Road Traffic laws. It is written in the by-laws that in the event an impounded vehicle is not released within a period of 14 days from the date of impoundment, the municipality will then apply for authority to sell the vehicle by public auction. It further states that the authority that registered such vehicle will be advised of such sale.

After selling, the by-laws state that the municipality shall be entitled to deduct from the proceeds of the sale held under the by-laws, fees and charges that include towing and storage fees, advertisement fees and all endeavours made to trace the owner, together with auctioneer’s fees and legal fees as shall be determined by the court. “The balance shall be paid to the owner of the vehicle upon establishing his claim thereto and if no claim is established within three years from such a sale, the balance shall be forfeited to the municipality,” reads part of section 64 of the by-laws.

Worth noting is that the by-laws state that if the municipality will be unable to sell the vehicle as contemplated in by-law 63, the municipality may dispose of that vehicle in any manner it deems fit and money received as a result of such disposal shall be forfeited to the municipality. Also, it says that the reasonable exercise by the municipality or any other authorised official of the powers conferred by this by-law shall not render the municipality or such person to any liability in respect of the loss by theft or damage to a vehicle or of anything therein or thereon.

On another note, the document also talks about how vehicles are expected to park in town and the hours permissible for parking. It also touches on the taxis and public transport as to how it will be guided by the law and things not expected from them which might result in an offence like parking or offloading in a wrong place. The by-laws state that no one will be allowed to park with anything other than the prescribed legal tender. Under the unlawful parking, clamping or removal of unlawful parked vehicles, the by-laws state that a parking marshal or authorised official may attach a wheel clamp to any unlawfully parked vehicle.

It also narrates that the official can also cause an unlawfully parked vehicle to be removed to a pound or place designated or authorised by the municipality. It states that the official can further charge a fee for the removal of a wheel clamp or the release of a vehicle which was pounded, adding that the fees shall be payable before the removal of such wheel clamp or release of such vehicle. “A person who attempts to forcefully remove a wheel clamp or contravenes the by-laws commits an offence,” read the by-laws. Under the penalties section, it states that a person who has committed an offence in terms of the by-laws shall, upon conviction and subject to penalties prescribed in any other law, be liable to a fine, or in default of payment, to imprisonment, or to such imprisonment without the option of a fine, or to both such fine and such imprisonment. The by-laws are up for viewing by the public at Nhlangano Town Council until July 30, 2022.

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