South Australian Current Acts South Australian Current Acts79B—Removal and storage of vehicle in case of arrest of driver
(1) Subject to
subsection (2), where a police officer arrests the driver of a motor
vehicle, the officer may remove, or arrange for the removal of, the motor
vehicle to a place at which it may be safely and conveniently stored.
(2) A police officer
may not remove, or arrange for the removal of, a motor vehicle under
subsection (1) if—
(a) the
driver referred to in subsection (1) is being accompanied by another
person who is lawfully entitled to drive the vehicle; and
(b) the
driver authorises that other person to remove the vehicle; and
(c) the
vehicle is removed within a reasonable period.
(3) No liability
attaches to a police officer in relation to any damage to a motor vehicle
caused while the motor vehicle is being removed or stored under this section.
(4) A liability that
would, but for subsection (3), lie against a police officer lies against
the Crown.
(5) A police officer
who removes, or arranges for the removal of, a motor vehicle under this
section must notify the driver in writing of the place to which the vehicle
has been removed.
(6) A vehicle removed
and stored under this section must be returned to a person entitled to
possession of the vehicle upon payment of the reasonable costs of removal and
storage calculated in accordance with a scale in force under
subsection (7).
(7) The Commissioner
may prepare and from time to time revise a scale of costs for the purposes of
subsection (6).
(8) If no application
for the return of the vehicle is made within 2 months after it was taken into
storage, it may be dealt with as unclaimed property under the
Police Act 1998 .