New South Wales Repealed Acts

This legislation has been repealed.

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 39

39 Removal and impounding of vehicles used for certain offences

(cf Traffic Act, s 4BB)

(1) A police officer who reasonably believes that a motor vehicle:

(a) is being or has (on that day or during the past 10 days) been operated on a road or road related area so as to commit an offence under section 40 or 41 of the Road Transport (Safety and Traffic Management) Act 1999 , or

(b) is the subject of a period of impounding, or the subject of forfeiture, under section 40,

may seize and take charge of the motor vehicle and cause it to be removed to a place determined by the Commissioner of Police.

(2) A motor vehicle may be seized under subsection (1) from:

(a) a public place, or

(b) any other place, with the consent of the owner or occupier of the place or under the authority of a search warrant issued under section 41.

(3) For the purpose of exercising the powers conferred by subsection (1), a police officer may cause any locking device or other feature of the motor vehicle concerned that is impeding the exercise of those powers to be removed, dismantled or neutralised and may, if the driver or any other person will not surrender the keys to the vehicle, start the vehicle by other means.

(4) Any motor vehicle removed to a place in accordance with subsection (1) may, subject to the regulations, be impounded at that place or may be moved to and impounded at any other place determined by the Commissioner of Police.

(5) A motor vehicle that may be removed under subsection (1) or (4):

(a) may be moved by its being driven, whether or not under power, or by its being towed or pushed, or in any other manner whatever, and

(b) may be moved by one or more police officers or, at the direction of a police officer, by persons engaged by the Commissioner of Police, and may be impounded at premises under the control of the Commissioner or of another authority or person.

(6) Schedule 1 has effect with respect to a motor vehicle impounded under this section.

(7) The regulations may make provision for or with respect to requiring the responsible person for or driver of a motor vehicle to pay a fee in relation to the towing of the vehicle under this section. The whole or any part of the fee that is unpaid may be recovered from the responsible person or driver of the motor vehicle by the Commissioner of Police as a debt due to the Crown in any court of competent jurisdiction. A certificate in writing given by a police officer as to the fact and cost of towing is evidence of those matters.

(8) In this section:
"public place" includes any place that members of the public are entitled to use.