ROAD TRAFFIC ACT 1974 - SECT 79D
ROAD TRAFFIC ACT 1974 - SECT 79D
79D . Release of impounded vehicle
(1) In this section
—
impounded vehicle means a vehicle impounded under
section 79(1), 79A(1), 79BB, 79BCB or 79BCE;
passenger transport vehicle means a passenger
transport vehicle for which a passenger transport vehicle authorisation has
been issued under the Transport (Road Passenger Services) Act 2018 whether or
not, at the relevant time, the vehicle is standing or plying for hire or
transporting passengers for reward;
provider of a passenger transport vehicle has the
meaning given in the Transport (Road Passenger Services) Act 2018
section 4(1);
service , in relation to a vehicle, includes to
clean, examine, improve, inspect, paint, park, repair, store and transport it;
vehicle service provider means a person who, for
reward in the course of a business, services vehicles.
(2) The Commissioner
is to ensure that an impounded vehicle is not released before the impounding
period ends unless —
(a) a
police officer is satisfied that, at the time that the offence in respect of
which the vehicle was impounded was committed, the vehicle was a stolen
vehicle or a hired vehicle; or
(b) a
senior police officer is not satisfied as required by section 79C(2)(a); or
(c) a
senior police officer is satisfied that unless the vehicle is released,
exceptional hardship will be suffered in the particular case; or
(d) a
senior police officer is satisfied that, at the time the offence in respect of
which the vehicle was impounded was committed —
(i)
the vehicle, with the consent of a person lawfully in
possession of it, was in the possession of a vehicle service provider for the
purposes of being serviced by the vehicle service provider; and
(ii)
the person who allegedly committed the offence was the
vehicle service provider or a person employed by, contracted to or acting with
the authority of the vehicle service provider; and
(iii)
the person who allegedly committed the offence was not a
responsible person for the vehicle;
or
(e) a
senior police officer is satisfied that, at the time the offence in respect of
which the vehicle was impounded was committed —
(i)
the vehicle had been lent by a vehicle service provider
to the person who allegedly committed the offence for use while the vehicle
service provider was servicing a vehicle for the person; and
(ii)
the person who allegedly committed the offence was not a
responsible person for the vehicle;
or
(f) a
senior police officer is satisfied that, at the time the offence in respect of
which the vehicle was impounded was committed —
(i)
the vehicle was for sale; and
(ii)
the person who allegedly committed the offence (the
alleged offender ) was test-driving the vehicle with the consent of the person
selling it for the purpose of deciding whether to buy it; and
(iii)
the person who consented to the alleged offender
test-driving the vehicle had complied with subsection (3); and
(iv)
the alleged offender was not employed by or contracted to
the person selling the vehicle; and
(v)
the alleged offender was not a responsible person for the
vehicle;
or
(g) a
senior police officer is satisfied that, at the time the offence in respect of
which the vehicle was impounded was committed —
(i)
the vehicle was used primarily in the course of a
business conducted by a person (the business owner ); and
(ii)
the person who allegedly committed the offence (the
alleged offender ) was an employee or contractor of the business owner; and
(iii)
the alleged offender was driving the vehicle with the
consent of the business owner or an agent of the business owner; and
(iv)
the person who consented to the alleged offender driving
the vehicle had complied with subsection (4); and
(v)
the alleged offender was not a responsible person for the
vehicle;
or
(h) a
senior police officer is satisfied that, at the time the offence for which the
vehicle was impounded was committed —
(i)
the vehicle was a passenger transport vehicle; and
(ii)
the person who allegedly committed the offence (the
alleged offender ) was driving the passenger transport vehicle under an
agreement between the alleged offender and the provider of the passenger
transport vehicle, or an agent of the provider, under which the alleged
offender pays the provider or agent in order to be allowed to drive the
passenger transport vehicle for reward; and
(iii)
the provider of the passenger transport vehicle or agent
who entered into the agreement with the alleged offender had complied with
subsection (5); and
(iv)
the alleged offender was not a responsible person for the
vehicle;
or
(i)
a senior police officer is satisfied that, at the time
the offence for which the vehicle was impounded was committed —
(i)
the vehicle was a passenger transport vehicle; and
(ii)
the person who allegedly committed the offence (the
alleged offender ) was an employee or contractor of the provider of the
passenger transport vehicle; and
(iii)
the alleged offender was driving the vehicle with the
consent of the provider of the vehicle; and
(iv)
the person who consented to the alleged offender driving
the vehicle had complied with subsection (5A); and
(v)
the alleged offender was not a responsible person for the
vehicle;
or
(j) a
senior police officer is satisfied that —
(i)
the vehicle cannot be released under any of paragraphs
(a) to (i) or under circumstances prescribed under paragraph (k); and
(ii)
unless the vehicle is released, manifest injustice or
manifest unfairness will be suffered by a person other than the alleged
offender;
or
(k)
circumstances prescribed by the regulations exist.
(3) For the purposes
of subsection (2)(f)(iii), a person who consents to a person test-driving a
vehicle must —
(a)
ensure the driver has a driver’s licence that authorises him or her to
drive the vehicle; and
(b)
inform the driver that he or she must obey the law when test-driving the
vehicle.
(4) For the purposes
of subsection (2)(g)(iv), a person who consents to an employee or contractor
driving a vehicle must —
(a)
ensure the driver has a driver’s licence that authorises him or her to
drive the vehicle; and
(b)
ensure the driver has been instructed to obey the law when driving the
vehicle.
(5) For the purposes
of subsection (2)(h)(iii), a provider of a passenger transport vehicle or
agent who enters into an agreement with a driver of a passenger transport
vehicle must —
(a)
ensure the driver holds a current passenger transport driver authorisation
under the Transport (Road Passenger Services) Act 2018 ; and
(b)
ensure the driver has been instructed to obey the law when driving the
vehicle.
(5A) For the purposes
of subsection (2)(i)(iv), a provider of a passenger transport vehicle or agent
who consents to an employee or contractor driving the vehicle must —
(a)
ensure the driver holds a current passenger transport driver authorisation
under the Transport (Road Passenger Services) Act 2018 ; and
(b)
ensure the driver has been instructed to obey the law when driving the
vehicle.
(6) For the purposes
of subsection (2)(j) none of these factors by itself means manifest injustice
or manifest unfairness will be suffered by a person —
(a) if
the offence in respect of which the vehicle was impounded was an impounding
offence (driver’s licence), the fact that a person responsible for the
vehicle concerned had no grounds to suspect the alleged offender was not
authorised to drive the vehicle at the time of the offence;
(b) the
fact that, although a responsible person for the vehicle expressly or
impliedly authorised the person who allegedly committed the offence in respect
of which the vehicle was impounded (the alleged offender ) to drive the
vehicle, the responsible person had no grounds to suspect the alleged offender
would drive in a manner that contravened this Act.
(7) A police officer
or a senior police officer may require a person seeking the release of an
impounded vehicle to provide information to him or her for the purposes of
this section in a statutory declaration.
(8) Circumstances that
may be prescribed by regulations made for the purposes of subsection (2)(k)
are not limited by the circumstances described in the other paragraphs of
subsection (2).
[Section 79D inserted: No. 10 of 2004 s. 13;
amended: No. 4 of 2007 s. 6; No. 24 of 2008 s. 11 and 23; No. 23 of 2009 s.
15; No. 20 of 2010 s. 10; No. 8 of 2012 s. 37; No. 26 of 2018 s. 312.]