New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 239

239 Sanctions that may be imposed

(cf Gen Act, s 218A)

(1) The police officer may do any one or more of the following--

(a) seize and take charge of the motor vehicle and cause it to be moved to a place determined by the Commissioner of Police,

(b) immediately, or as soon as practicable afterwards, give or send the offending operator a notice (a
"motor vehicle production notice" ) requiring the offending operator to move or cause the vehicle to be moved to, or to produce or cause to be produced to a police officer at, a place specified in the notice no later than on the date and time specified in the notice (the
"motor vehicle production date" ),

(c) remove and confiscate the number-plates affixed to the motor vehicle and attach a number-plate confiscation notice to the motor vehicle,

(d) immediately or as soon as practicable afterwards--

(i) give the offending operator a notice (a
"number-plate production notice" ) requiring the offending operator to remove or cause to be removed the number-plates affixed to the vehicle and produce them to a police officer at a place specified in the notice no later than on the date and time specified in the notice (the
"number-plate production date" ), and

(ii) attach a number-plate confiscation notice to the motor vehicle,

(e) as soon as practicable afterwards, send to the offending operator at the garage address of the motor vehicle--

(i) a notice (a
"number-plate production notice" ) requiring the offending operator to remove or cause to be removed the number-plates affixed to the vehicle and produce them to a police officer at a place specified in the notice no later than on the date and time specified in the notice (the
"number-plate production date" ), and

(ii) a number-plate confiscation notice.

(2) An offending operator who is sent a number-plate confiscation notice under subsection (1)(e) must attach the number-plate confiscation notice to the motor vehicle in the manner described on the notice no later than on the number-plate production date.

: Maximum penalty--30 penalty units.

(3) Except as provided by this Part, a motor vehicle to which a number-plate confiscation notice is attached under--

(a) subsection (1)(c) is prohibited from being operated on any road during the period of 3 months commencing on the day the notice is attached to the vehicle, and

(b) subsection (1)(d) or (e) is prohibited from being operated on any road during the period of 3 months commencing from the number-plate production date.

Note : See section 244 with respect to number-plate offences.

(4) A reference in subsection (3) to 3 months is to be construed as a reference to 6 months if the offending operator is disqualified from holding or obtaining a driver licence and the sanction was imposed in respect of a sanctionable offence committed by the offending operator.