Clean Neighbourhoods and Environment Act 2005, commercial garage may be in breach

[Humdinger1]

Dear Legal Beagles,

A commercial garage is using most of its forecourt to store rusty junk. In the meantime, vehicles on which they are working are sometimes stored in the road till there's space on the forecourt, and sometimes I think work is carried out in the road. I'm trying to find the part of the above act that restricts especially the former. AI results (but what faith do we place in those?!) states that storing vehicles while waiting to start work on them is illegal, but I can't see where when I eyeball the actual legislation. Please can anyone advise me -I'm in touch with local council but want to quote exactly which law and clause is relevant here to sharpen their focus. Thanks as ever Humdinger

[atticus]

Have you asked your AI tool for the exact source of its information?

[Humdinger1]

atticus no because I don't trust it further than I can throw it and don't want to get any further down the rabbit hole. I haven't installed AI; it was automatic and there appears to be no way of removing it. This is why I came here because there are clever, experienced lawyers on the board. Thanks for your reply and for any light you can cast on this.

[islandgirl]

You are in touch with the council already but I suggest your local councillor - we are good at sharpening the focus! The councillor can speak to Environmental Health and planning and ensure you get a timely and detailed answer.

[atticus]

Having "eyeballed" the legislation, it is clear that enforcement action must be taken by the local authority: see section 6.

However, this legislation applies to vehicles parked or stored on roads: see sections 3 and 4. This legislation will not apply to private forecourts.

______

Note: I asked the question in post #2 because that is exactly what I ask students when they present research that has obviously had large AI input.

[Humdinger1]

atticus thank you. Sections 3 and 4 only refer to vehicles for sale, not repair. I quite understand that the garage will be allowed to use its own forecourt. Is there something I'm not seeing that covers repairs rather than sales? Or is there a different piece of legislation that applies perhaps?

[atticus]

Please read section 4.

4. Repairing vehicles on a road

(1) A person who carries out restricted works on a motor vehicle on a road is guilty of an offence, subject as follows.

(2) For the purposes of this section "restricted works" means:

(a )works for the repair, maintenance, servicing, improvement or dismantling of a motor vehicle or of any part of or accessory to a motor vehicle;

(b) works for the installation, replacement or renewal of any such part or accessory.

...

[Humdinger1]

atticus thanks again. So parking on the road - even if the repairs will be carried out on the garage's forecourt - is definitely covered? It can read as only applying if repairs are carried out on the road, not just parked waiting to be repaired.

[wales01man]

Are these vehicles parked on the road taxed and mot ed insurance would be the garages block insurance if none other was in force

[Humdinger1]

Thanks wales01man not sure re tax, mot and insurance situation. This is why I'm hoping that AI's initial response that the commercial garage parking cars in the road while waiting to repair them is correct, but am struggling to find the evidence of that specifically.

[atticus]

atticus thanks again. So parking on the road - even if the repairs will be carried out on the garage's forecourt - is definitely covered? It can read as only applying if repairs are carried out on the road, not just parked waiting to be repaired.

That appears to be the case.

[wales01man]

DVLA online have car tax checker and mot checker pages