New South Wales Consolidated Acts

ROAD OBSTRUCTIONS (SPECIAL PROVISIONS) ACT 1979 - SECT 4

4 Penalty for not moving a motor vehicle obstructing a public road

(1) Where the Commissioner or any authorised officer is of the opinion that any motor vehicle is on a public road and ought to be moved in order to prevent it obstructing or continuing to obstruct a public road, the Commissioner or authorised officer may cause to be affixed to a conspicuous part of the motor vehicle a notice in or to the effect of the form contained in Schedule 1 containing such directions relating to the movement of the vehicle within such time as the Commissioner or authorised officer, as the case may be, thinks fit.

(2) Where a notice is affixed to a motor vehicle in accordance with subsection (1):

(a) the person who last drove the motor vehicle before the notice was affixed to it shall forthwith move the vehicle in accordance with the directions contained, and within the time specified, in the notice, and

(b) the person shall not, before the directions contained in the notice have been complied with, do anything to render the motor vehicle immobile.

(3) A person who contravenes subsection (2) is guilty of an offence and liable to a fine not exceeding 10 penalty units.

(4) Where a person is convicted of an offence under subsection (3), the person is by the conviction, disqualified from holding any driver licence under the Road Transport (Driver Licensing) Act 1998 , or the regulations thereunder, for a period of 1 month, but may be disqualified by the court by which the person is convicted for such longer period, not exceeding 3 years, as may be ordered by that court.

(5) Where an offence in relation to any motor vehicle is committed under subsection (3) by any person (whether or not the person has been convicted of the offence), the owner of the motor vehicle is guilty of an offence and liable to a penalty not exceeding 10 penalty units.

(6) Where a person is convicted of an offence under subsection (3) or (5), the court may, in addition to imposing the penalty provided by either of those subsections, make an order for the forfeiture to the Crown of the motor vehicle in respect of which the offence was committed if the notice, referred to in the information for the offence, was affixed to the motor vehicle within 3 months after another notice was affixed to the motor vehicle in accordance with subsection (1).

(7) An offence referred to in subsection (3) is an offence of absolute liability.