TRAFFIC AMENDMENT BILL 2003

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This is a Bill, not an Act. For current law, see the Acts databases.

TRAFFIC AMENDMENT BILL 2003

Mr Wood

A BILL
for
AN ACT

to amend the Traffic Act

NORTHERN TERRITORY OF AUSTRALIA

TRAFFIC AMENDMENT ACT 2003

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No. of 2003
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TABLE OF PROVISIONS

Section

1. Short title
2. Principal Act
3. Court may order restitution
4. New Part

PART VA – IMPOUNDING OF VEHICLES FOR PRESCRIBED OFFENCES

Division 1 – Preliminary

29AA. Definitions
29AB. Application of Consumer Credit Code
29AC. Damaging surface of public street

Division 2 – Vehicle impounding powers and provisions about impounding orders

29AD. Division in addition to other punishment for same offence
29AE. Powers for prescribed offence
29AF. Member of Police Force may authorise tow
29AG. Notice of impounding to be given
29AH. Content of notice for first offence
29AI. Content of notice for second or subsequent offence
29AJ. Application for impounding order
29AK. Orders if prescribed offence not decided
29AL. Advice of date of hearing
29AM. Impounding order may be made
29AN. Who must pay costs of impounding
29AO. Return of vehicle after impoundment
29AP. Return of vehicle if driver found not guilty etc.
29AQ. Sale of impounded vehicle if not recovered by owner
29AR. Review after 2 years

NORTHERN TERRITORY OF AUSTRALIA
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No. of 2003
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AN ACT

to amend the Traffic Act

[Assented to 2003]
[Second reading 2003]

The Legislative Assembly of the Northern Territory enacts as follows:

1. Short title
This Act may be cited as the Traffic Amendment Act 2003.

2. Principal Act
The Traffic Act is in this Act referred to as the Principal Act.

3. Court may order restitution
Section 16 of the Principal Act is amended –

(a) by omitting "Where" and substituting "(1) Where"; and

(b) by adding at the end the following:

"(2) If a person is found guilty of a prescribed offence within the meaning of Part VA, the Court may order that the person pay the cost of repairing the damage caused in the commission of the offence.".

4. New Part
The Principal Act is amended by inserting after Part V the following:

"PART VA – IMPOUNDING OF VEHICLES FOR PRESCRIBED OFFENCES

"Division 1 – Preliminary

"29AA. Definitions

"In this Part, unless the contrary intention appears –

'burn out', for a vehicle, means wilfully drive the vehicle in a way that causes the tyres or a substance poured onto the road surface, or both, to smoke when the drive wheels lose traction with the road surface;

'impounding order' means an order under section 29AM;

'prescribed offence' means –

(a) an offence against section 29AC; or

(b) an offence against section 30 or 30A committed in circumstances that involve a speed trial, a race between vehicles, or a burn out;

'storage premises' means –

(a) business premises of a tow truck operator where motor vehicles are or may be stored; or

(b) a yard at a police station or other place ordinarily used by the Police Force of the Territory for the storage of motor vehicles.

"29AB. Application of Consumer Credit Code

"This Part does not affect the rights of a credit provider to repossess and sell a vehicle under the Consumer Credit (Northern Territory) Code applying because of section 4 of the Consumer Credit (Northern Territory) Act.

"29AC. Damaging surface of public street

"A person must not drive a vehicle in a way that causes a rut or ruts to form in the surface of a public street.

Penalty: 20 penalty units or imprisonment for 2 years.

"Division 2 – Vehicle impounding powers and provisions about impounding orders

"29AD. Division in addition to other punishment for same offence

"The impounding of a vehicle under this Division arising out of the commission of a prescribed offence is in addition to any other penalty that may be imposed for the offence.

"29AE. Powers for prescribed offence

"(1) If a member of the Police Force reasonably suspects a person is committing, or has committed, a prescribed offence in relation to a vehicle, a member of the Police Force may impound the vehicle.

"(2) To impound the vehicle, a member of the Police Force may do any one or more of the following:

(a) if the vehicle is moving – direct the driver to stop the vehicle;

(b) direct the driver of the vehicle, or person in possession of the keys of the vehicle, to give the keys to a member of the Police Force to enable the vehicle to be moved;

(d) do anything else reasonably necessary for impounding the vehicle.

"(3) A person must comply with a direction given under subsection (2).

Penalty: 20 penalty units.

"(4) Unless section 29AJ applies to the driver, a vehicle impounded under subsection (2) is impounded for 48 hours.

"(5) A member of the Police Force must move or arrange for the impounded vehicle to be moved to storage premises in the way the member of the Police Force considers appropriate.

"(6) However, if the impounded vehicle is a vehicle that is being unlawfully used or has been stolen or is a rental vehicle –

(a) the vehicle must be returned to the owner as soon as reasonably practicable; and

(b) an application under section 29AJ about the vehicle must not be made.

"29AF. Member of Police Force may authorise tow

"(1) This section applies if a member of the Police Force arranges for the impounded vehicle to be towed to storage premises.

"(2) A member of the Police Force may authorise the towing of the impounded vehicle to storage premises.

"(3) A person must not unlawfully remove an impounded vehicle from storage premises.

Penalty: 20 penalty units.

"29AG. Notice of impounding to be given

"As soon as reasonably practicable after the vehicle is impounded, a member of the Police Force must give written notice of the impounding to –

(a) the driver of the vehicle; and

(b) if the driver is not the only owner of the vehicle – each owner of the vehicle.

"29AH. Content of notice for first offence

"If section 29AI does not apply, the notice must state the following:

(a) how the owner of the impounded vehicle may recover the vehicle;

(b) that the vehicle is impounded for 48 hours;

(c) that, before the vehicle may be recovered, the owner may be required to produce satisfactory evidence of the ownership of the vehicle;

(d) that if the driver is found guilty of the prescribed offence that person will be required to pay the costs of removing and keeping the vehicle;

(e) the penalty for unlawfully removing the vehicle from the place at which it is held.

"29AI. Content of notice for second or subsequent offence

"(1) This section applies if a member of the Police Force reasonably suspects the driver of an impounded vehicle has been found guilty of a prescibed offence within 3 years before the day the vehicle is impounded.

"(2) The notice must state the following:

(a) that an application will be made under section 29AJ to the Local Court for an impounding order that the vehicle be impounded for –

(i) if the driver has previously been found guilty of a prescribed offence on one occasion – a period of not more than 3 months; or

(ii) if the driver has previously been found guilty of a prescribed offence on 2 or more occasions – a period of not more than 6 months;

(b) that the driver of the vehicle or owner may apply to the Local Court at any time before the application is heard and decided for the return of the vehicle until the application is heard and decided;

(c) that, for an application under paragraph (b), the owner may be required to produce satisfactory evidence of the ownership of the vehicle;

(d) that, if the driver is found guilty of the prescribed offence, the driver will be required to pay the costs of removing and keeping the vehicle;

(e) the penalty for unlawfully removing the vehicle from its storage premises.

"29AJ. Application for impounding order

"(1) This section applies if the driver of an impounded vehicle has previously been found guilty of a prescribed offence within 3 years before the day the vehicle is impounded.

"(2) Within 48 hours after the vehicle is impounded, a member of the Police Force must apply to the Local Court for an impounding order for the vehicle.

"29AK. Orders if prescribed offence not decided

"(1) This section applies if –

(a) an application is made to the Local Court for an impounding order for the impounded vehicle; and

(b) the proceeding for the prescribed offence giving rise to the application has not been decided.

"(2) The Court must adjourn the application for the order until the charge of the prescribed offence against the driver of the vehicle is decided.

"(3) When adjourning the application, the Court must order that the vehicle be returned to a named person unless the Court is satisfied the vehicle should continue to be impounded to stop the commission of another prescribed offence.

"(4) The owner of the vehicle must not sell or otherwise dispose of a vehicle returned under subsection (3) until the application for the order is decided or otherwise ends.

Penalty: 20 penalty units.

"(5) If the Court does not order the return of the vehicle to the owner, the period for which the vehicle is impounded must not be more than 3 months.

"29AL. Advice of date of hearing

"As soon as reasonably practicable after a date is set for the hearing of an application for an impounding order for the impounded vehicle, a member of the Police Force must give the driver of the vehicle and each owner of the vehicle written notice of the date, time and place of the hearing.

"29AM. Impounding order may be made

"(1) On the hearing of the application, the Local Court may make an order that the vehicle be impounded for –

(a) if the driver of the vehicle has previously been found guilty of a prescribed offence on 2 occasions – a stated period of not more than 3 months; or

(b) if the driver of the vehicle has previously been found guilty of a prescribed offence on 3 or more occasions – a stated period of not more than 6 months.

"(2) If the Court is satisfied impounding the vehicle will cause severe financial or physical hardship to an owner or usual driver of the vehicle, the Court may, instead of ordering the impounding of the vehicle, order the vehicle be returned to the owner or usual driver.

"(3) Subsection (2) does not affect the Court's powers to make a community work order under the Sentencing Act.

"(4) If an owner of the vehicle raises the defence mentioned in subsection (5) and the Court is satisfied the defence has been made out, the Court may order that the vehicle be returned to the owner.

"(5) It is a defence for an owner of the vehicle to prove the prescribed offence happened without the knowledge and consent of the owner.

"29AN. Who must pay costs of impounding

"(1) The driver of the impounded vehicle when it was impounded under section 29AE because of a prescribed offence is liable to pay the costs of removing and keeping the vehicle.

"(2) However, if the person is found not guilty of the prescribed offence or the proceeding is withdrawn, the Territory is liable to pay the costs of removing and keeping the vehicle.

"29AO. Return of vehicle after impoundment

"When the period of impounding of the impounded vehicle ends, the owner of the vehicle is entitled to recover the vehicle from the storage premises where it is kept.

"29AP. Return of vehicle if driver found not guilty etc.

"If a person is found not guilty of the prescribed offence or the proceeding is discontinued, the vehicle must be returned to the owner as soon as reasonably practicable.

"29AQ. Sale of impounded vehicle if not recovered by owner

"(1) If, within 2 months after the period of impounding of the impounded vehicle ends, the owner of the vehicle does not recover it, the Commissioner of Police may –

(a) sell it, and anything in or on it, by public auction; or

(b) dispose of it, and anything in or on it, in the way the Commissioner considers appropriate.

"(2) Notice of the proposed sale or disposal must be given by advertisement in a newspaper circulating in the locality where the vehicle was impounded.

"(3) Also, the Commissioner must give written notice of the proposed sale or disposal to the owner of the vehicle.

"(4) The proceeds of the sale of the vehicle are to be paid as follows:

(a) first, in payment of the expenses of the sale;

(b) second, in payment of the cost of impounding and keeping the vehicle and for searching registers for giving notice of the vehicle's impounding;

(c) third, if there is an amount owing to a person under a security interest registered for the vehicle under the Registration of Interests in Motor Vehicles and Other Goods Act – in payment of the amount owing to the registered holder of the interest;

(d) fourth, to the owner.

"(3) Compensation is not recoverable against the Territory in relation to payment made under this section.

"29AR. Review after 2 years

"There is to be a review of the first 2 years of operation of this Part.".

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