Victorian Current Acts

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ROAD SAFETY ACT 1986 - SECT 90F

Removal of vehicles from council controlled areas

S. 90F(1) amended by No. 37/2014 s. 10(Sch. item 147.46).

    (1)     A police officer may, in accordance with this section, remove, or cause to be removed, from a council controlled area a motor vehicle that has been parked or left standing in that area and in respect of which a parking infringement has been committed.

S. 90F(2) amended by No. 37/2014 s. 10(Sch. item 147.46).

    (2)     A police officer may only act under subsection (1) if a parking infringement notice has been served in respect of the parking infringement and—

S. 90F(2)(a) amended by No. 37/2014 s. 10(Sch. item 147.46).

        (a)     the police officer is satisfied that the owner or occupier of the council controlled area has requested the owner or driver of the vehicle to remove it and that person has refused to do so; or

S. 90F(2)(b) amended by No. 37/2014 s. 10(Sch. item 147.46).

        (b)     in the opinion of the police officer, the vehicle

              (i)     is obstructing access to, or egress from, the council controlled area by vehicles or pedestrians; or

              (ii)     is obstructing the free passage of vehicles or pedestrians within the council controlled area; or

              (iii)     has been left unattended for more than 48 hours; or

              (iv)     is endangering life or property or otherwise causing concern about safety.

S. 90F(3) substituted by No. 30/2007 s. 234(1).

    (3)     A vehicle removed in accordance with this section from a council controlled area must be towed from the area by a tow truck, within the meaning of the Accident Towing Services Act 2007 .

S. 90F(4) repealed by No. 30/2007 s. 234(2).

    *     *     *     *     *

S. 90F(5) substituted by No. 30/2007 s. 234(3), amended by No. 37/2014 s. 10(Sch. item 147.46).

    (5)     A vehicle that has been towed under this section must be taken to, and stored at, the place specified by the police officer and released to its owner or the owner's agent on payment by that person of a release fee.

    (6)     The amount of a release fee must not exceed the prescribed amount or, if there is no prescribed amount, an amount that reasonably represents the cost of towing, storing and releasing the vehicle (including any relevant overhead and other indirect costs).

S. 90G (Heading) inserted by No. 43/2011 s. 46(1).

S. 90G inserted by No. 25/1996 s. 4.



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