In item 5. Move it or lose it, it is asserted that “OCs will be able to move cars parked illegally on common property”. I disagree for the following reasons;
Clause 32 of the Regulations is titled: “34 Removal of motor vehicles: section 125 of Act”
Section 125 of the Act heading is: “125 Disposal of abandoned goods on common property”
Section 271 of the Act states: “The Governor may make regulations, not inconsistent with this Act”.
Therefore, in this case, the Regulations are limited to abandoned goods. That is, the Regulations cannot extend the scope of the Act to include cars that are merely illegally parked and that are not abandoned. Here the intent of the Act + Regs is clearly for abandoned goods. Even trying to apply the ‘letter of the law’ and with clause 32’s clear reference to s125, I can’t get away from ignoring s125’s heading and that clause 32 is only for abandoned cars.
It would have been better if the writer of the Regulations had made clause 32’s tile to have been “34 Removal of abandoned motor vehicles: section 125 of Act”. I fear many people will fall into the trap of reading clause 32 in isolation and believing it applies to all cars.
Cheers
Ray