If a vehicle is found to be parked in violation of Article 44, paragraph (1), Article 45, paragraph (1) or (2), Article 47, paragraph (2) or (3), Article 48, Article 49-3, paragraph (2) or (3), Article 49-4, or the second sentence of Article 49-5, or if a vehicle is parked in a time-restricted parking zone where a ticket dispenser as referred to in Article 49, paragraph (1) has been installed, no ticket issued by that ticket dispenser is displayed on the vehicle, and it is found to violate Article 49-3, paragraph (4) (collectively referred to as "found to have been parked illegally" in Article 51-4, paragraph (1) and Article 75-22, paragraph (3)), an officer may order the driver of the vehicle or another person responsible for the management of the vehicle (hereinafter referred to in this Article as a "driver, etc.") to change how the vehicle is parked or to move the vehicle from the place where that parking is prohibited, or to move the vehicle from the place in the time-restricted parking zone where it is parked.
車両が第四十四条第一項、第四十五条第一項若しくは第二項、第四十七条第二項若しくは第三項、第四十八条、第四十九条の三第二項若しくは第三項、第四十九条の四若しくは第四十九条の五後段の規定に違反して駐車していると認められるとき、又は第四十九条第一項のパーキング・チケット発給設備を設置する時間制限駐車区間において駐車している場合において当該車両に当該パーキング・チケット発給設備により発給を受けたパーキング・チケットが掲示されておらず、かつ、第四十九条の三第四項の規定に違反していると認められるとき(第五十一条の四第一項及び第七十五条の二十二第三項において「違法駐車と認められる場合」と総称する。)は、警察官等は、当該車両の運転者その他当該車両の管理について責任がある者(以下この条において「運転者等」という。)に対し、当該車両の駐車の方法を変更し、若しくは当該車両を当該駐車が禁止されている場所から移動すべきこと又は当該車両を当該時間制限駐車区間の当該車両が駐車している場所から移動すべきことを命ずることができる。
If it is found to be difficult for a driver or other responsible person to immediately comply with an order under the preceding paragraph due to a vehicle malfunction or other such circumstance, the officer may change how the vehicle is parked or move the vehicle, but only so far as is necessary to prevent road hazards and otherwise ensure the safety and fluidity of traffic.
If unable to issue an order pursuant to paragraph (1) in a case as referred to in that paragraph (1) because the driver or other responsible person is not at the scene, the officer may change how a vehicle is parked or take other necessary measures, or may move a vehicle to another place on the road within 50 meters of the place where it is parked, but only so far as is necessary to prevent road traffic hazards or ensure that traffic runs smoothly.
If an officer wishes to move a vehicle pursuant to the preceding paragraph but there is no place on the road to which it can be moved that is within 50 meters of where it is parked, the officer must report this to the chief of the police station having jurisdiction over the place where the vehicle is parked.
Upon receiving a report as referred to in the preceding paragraph, the chief of the police station may move a vehicle to a parking spot, open space, place on a road other than as prescribed in paragraph (3), or other such place.
After moving a vehicle pursuant to the preceding paragraph, the chief of the police station must store the vehicle as its custodian. In such a case, the chief of the police station must take the necessary measures to prevent theft and other accidents from befalling the vehicle, such as indicating the chief of the police station to be storing the vehicle or attaching a wheel-lock device to the vehicle, depending on the layout of the place where the vehicle is being kept, how the vehicle is being managed, and other considerations.
After taking a vehicle into storage pursuant to the preceding paragraph, the chief of the police station must notify the user of the vehicle of the date on which it was taken into storage and the place where the vehicle is being stored, as well as indicating that the user must promptly collect the vehicle.
If the chief of a police station cannot ascertain the name and address of the user of a vehicle or if it is found to be difficult to return a vehicle to the user in a case as referred to in the preceding paragraph, the chief must notify the owner of the vehicle as prescribed in that paragraph.
If the chief of a police station cannot ascertain the name and address of the owner of a vehicle in a case as referred to in the preceding paragraph, the chief must issue public notice giving the place where the vehicle is being stored and any other information that Cabinet Order prescribes, pursuant to Cabinet Order.
After issuing public notice under the preceding paragraph, the chief of the police station must publicly announce the date and details of the public notice via the Internet and through other means, pursuant to Cabinet Office Order.
警察署長は、前項の規定による公示をしたときは、内閣府令で定めるところにより、当該公示の日付及び内容をインターネットの利用その他の方法により公表するものとする。
Beyond what is prescribed in paragraphs (7) through (10), Cabinet Order provides for the necessary particulars concerning the return of a vehicle that the chief of a police station has taken into storage pursuant to paragraph (6).
If a vehicle that the chief of a police station has taken into storage pursuant to paragraph (6) remains unreturned one month after the date of a notification as under paragraph (8) or public notice as under paragraph (9), and the cost required to store the vehicle is unreasonable compared to the value of the vehicle as appraised pursuant to Cabinet Order, the chief of the police station may sell the vehicle and store the proceeds of the sale as the custodian thereof, pursuant to Cabinet Order.
If there is no purchaser for a vehicle in a sale as under the preceding paragraph and the value of the vehicle as prescribed in that paragraph is extremely low, the chief of the police station may dispose of it.
The proceeds of a sale undertaken pursuant to paragraph (12) may be allocated to cover the expenses required to conduct that sale.
第十二項の規定により売却した代金は、売却に要した費用に充てることができる。
The expenses required for measures under paragraph (2) or (3) or paragraphs (5) through (11), including moving a vehicle, storing a vehicle, public notice, and other such measures, are borne by the driver, etc. or the user or owner of the vehicle (hereinafter referred to in this Article and the following Article as the "user, etc.").
The chief of the police station must set the amount, due date, and place for payment of the charges payable by the driver or other responsible person or by the user or owner pursuant to the preceding paragraph, and must issue a written order to that person to pay them. In such a case, if the amount of expenses provided for in that paragraph is specified by prefectural regulations in consideration of actual costs, the amount payable is the amount prescribed therein.
If a person ordered to make a payment pursuant to the preceding paragraph fails to do so before the due date, the chief of the police station must issue a written demand that fixes the due date for payment. In such a case, the chief of the police station may collect a fine for delinquency of up to the amount calculated as representing 14.5 percent per annum of the charges payable, and may collect a fee for the necessary costs of issuing the demand.
警察署長は、前項の規定により納付を命ぜられた者が納付の期限を経過しても負担金を納付しないときは、督促状によつて納付すべき期限を指定して督促しなければならない。この場合において、警察署長は、負担金につき年十四・五パーセントの割合により計算した額の範囲内の延滞金及び督促に要した手数料を徴収することができる。
If a person subject to a demand under the preceding paragraph fails to pay the charges, fines for delinquency, or fees referred to in the second sentence of that paragraph (hereinafter referred to in this Article as "charges, fines, or fees") by the fixed due date, the chief of the police station may collect the charges, fines, or fees based on the rules governing measures to collect local tax arrears. In such a case, charges, fines, or fees follow national taxes and local taxes in order of priority as concerns statutory liens.
Charges, fines, and fees paid and collected are the revenue of the prefecture where the police station is located.
納付され、又は徴収された負担金等は、当該警察署の属する都道府県の収入とする。
If a vehicle stored pursuant to paragraph (6) (or the proceeds of a sale under paragraph (12); the same applies hereinafter in this paragraph) remains unreturned three months after the date of a notification as under paragraph (8) or public notice as under paragraph (9), ownership of the vehicle vests in the prefecture where the police station is located.
When a vehicle (limited to a motor vehicle registered under the Road Transport Vehicle Act; the same applies hereinafter in this paragraph) has been sold pursuant to paragraph (12), a vehicle has been disposed of pursuant to paragraph (13), or ownership of a vehicle has vested in the prefecture pursuant to the preceding paragraph, the chief of the police station must, pursuant to Cabinet Order, commission the Minister of Land, Infrastructure, Transport and Tourism or a person delegated pursuant to Article 105, paragraph (1) or (2) of that Act to effect the registration under that Act relating to those dispositions, etc. of the vehicle.
The provisions of paragraphs (6), (7), and (9) through (20) apply mutatis mutandis to any load in a vehicle that has been taken into storage pursuant to paragraph (6). In such a case, the phrase "the user of the vehicle" in paragraph (7) is deemed to be replaced with "the owner, possessor, or other person with title to the load (hereinafter referred to in this Article as the 'owner or other such person')"; the phrase "the preceding paragraph" in paragraph (9) is deemed to be replaced with "paragraph (7) as applied mutatis mutandis pursuant to paragraph (22)", and the phrase "cannot ascertain the name and address of the owner of a vehicle" in that paragraph is deemed to be replaced with "cannot ascertain the name and address of the owner of a vehicle, and it is found to be difficult to return the load to a person other than its owner"; the phrase "paragraphs (7) through (10)" in paragraph (11) is deemed to be replaced with "paragraph (7) as applied mutatis mutandis pursuant to paragraph (22) and the preceding two paragraphs"; the phrase "remains unreturned one month after the date of a notification as under paragraph (8) or" in paragraph (12) is deemed to be replaced with "is likely to spoil or deteriorate, or remains unreturned one month after the date of a notification to the owner of the load as under paragraph (7) as applied mutatis mutandis pursuant to paragraph (22) or", and the term "cost" in that paragraph is deemed to be replaced with "cost or effort"; the phrase "under paragraph (2) or (3) or paragraphs (5) through (11), including moving a vehicle," in paragraph (15) is deemed to be replaced with "under paragraph (6) or (7) or paragraphs (9) through (11) as applied mutatis mutandis pursuant to paragraph (22), including", and the phrase "the driver, etc. or the user or owner of the vehicle (hereinafter referred to in this Article and the following Article as the 'user, etc.')" in that paragraph is deemed to be replaced with "the owner or other such person"; the phrase "the driver, etc. or the user, etc." in paragraph (16) is deemed to be replaced with "the owner or other such person"; and the phrase "a notification as under paragraph (8)" in paragraph (20) is deemed to be replaced with "a notification to the owner of the load as under paragraph (7) as applied mutatis mutandis pursuant to paragraph (22)".
第六項、第七項及び第九項から第二十項までの規定は、第六項の規定により保管した車両に積載物があつた場合における当該積載物について準用する。この場合において、第七項中「使用者」とあるのは「所有者、占有者その他当該積載物について権原を有する者(以下この条において「所有者等」という。)」と、第九項中「前項」とあるのは「第二十二項において読み替えて準用する第七項」と、「知ることができない」とあるのは「知ることができず、かつ、当該積載物の所有者以外の者に当該積載物を返還することが困難であると認められる」と、第十一項中「第七項から前項まで」とあるのは「第二十二項において読み替えて準用する第七項及び前二項」と、第十二項中「第八項の規定による告知の日又は」とあるのは「腐敗し、若しくは変質するおそれがあるとき、又は第二十二項において読み替えて準用する第七項の規定による当該積載物の所有者に対する告知の日若しくは」と、「費用」とあるのは「費用若しくは手数」と、第十五項中「第二項、第三項又は第五項から第十一項までの規定による車両の移動、」とあるのは「第二十二項において準用する第六項、第七項又は第九項から第十一項までの規定による」と、「運転者等又は使用者若しくは所有者(以下この条及び次条において「使用者等」という。)」とあるのは「所有者等」と、第十六項中「運転者等又は使用者等」とあるのは「所有者等」と、第二十項中「第八項の規定による」とあるのは「第二十二項において読み替えて準用する第七項の規定による当該積載物の所有者に対する」と読み替えるものとする。