ROAD TRANSPORT ACT 2013 - SECT 239A
Extension of additional sanction to corporation owned motor vehicles
ROAD TRANSPORT ACT 2013 - SECT 239A
Extension of additional sanction to corporation owned motor vehicles
239A Extension of additional sanction to corporation owned motor vehicles
(1) A police officer may exercise an authorised power in relation to a
motor vehicle if the police officer reasonably believes-- (a) the
registered operator of the motor vehicle is a corporation, and
(b) a
circumstance set out in subsection (2), (3) or (4) is made out.
(2) The
motor vehicle was operated on a road to commit a sanctionable offence-- (a) on
that day, or
(b) during the past 10 days.
(3) The motor vehicle is being
operated on a road-- (a) by a person who is disqualified from holding or
obtaining a driver licence, and
(b) to commit an offence, not being a
camera recorded offence, of driving a vehicle at a speed more than 30
kilometres per hour over the designated speed limit applying to the driver for
the length of road at the time the offence is committed.
(4) The
motor vehicle is being operated on a road by a person-- (a) who is
disqualified from holding or obtaining a driver licence or who has never been
licensed, and
(b) who has been convicted of an offence against section 53(3)
or 54(1) on 2 or more previous occasions within the past 5-year period.
(5)
The police officer is to notify Transport for NSW of the exercise of the
authorised power.
(6) Transport for NSW is, as soon as is practicable, to
notify the registered operator of the motor vehicle of the exercise of the
authorised power.
(7) For the purposes of this Part-- (a) the exercise of the
authorised power of seizure and impoundment is taken to be the exercise of the
power under section 239(1)(a), and
(b) the exercise of the authorised power
of confiscation of number-plates is taken to be the exercise of the power
under section 239(1)(c), and
(c) sections 240, 243 and 245- 247 do not apply
in relation to the exercise of an authorised power under this section, and
(d) to avoid doubt, section 248(1)(b) and (2)(b) do not apply to a
motor vehicle impounded or number-plates confiscated under this section, and
(e) section 249(3) is taken to include the following paragraph after paragraph
(b)-- (c) for the exercise of an authorised power under section 239A--alleged
extreme hardship to a person other than the driver of the motor vehicle who
committed, or is alleged to have committed, the offence that led to the
exercise of the power.
(8) In this section--
"authorised power" means-- (a) to seize and take charge of a motor vehicle and
cause it to be moved to a place determined by the Commissioner of Police, or
(b) to remove and confiscate the number-plates affixed to a motor vehicle and
attach a number-plate confiscation notice to the motor vehicle.
