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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Road Traffic Amendment Bill 2010 CONTENTS 1. Short title 2 2. Commencement 2 3. Act amended 2 4. Section 78C amended 2 5. Section 78D amended 3 6. Sections 79BCA and 79BCB inserted 3 79BCA. Notice to surrender substitute vehicle for impoundment 3 79BCB. Consequences of surrender of substitute vehicle notice 5 79BCC. Cancelling notices to surrender 6 79BCD. Notice to surrender alternative vehicle if surrender notice cancelled 7 79BCE. Consequences of surrender of alternative vehicle notice 10 7. Section 79BD amended 11 8. Section 79B amended 12 9. Section 79C amended 14 10. Section 79D amended 16 11. Section 79E amended 23 12. Section 80IB amended 23 13. Section 80I amended 23 118--2 page i Western Australia LEGISLATIVE ASSEMBLY (As amended in Committee) Road Traffic Amendment Bill 2010 A Bill for An Act to amend the Road Traffic Act 1974. The Parliament of Western Australia enacts as follows: page 1 Road Traffic Amendment Bill 2010 s. 1 1 1. Short title 2 This is the Road Traffic Amendment Act 2010. 3 2. Commencement 4 This Act comes into operation as follows -- 5 (a) sections 1 and 2 -- on the day on which this Act 6 receives the Royal Assent; 7 (b) the rest of the Act -- on a day fixed by proclamation, 8 and different days may be fixed for different provisions. 9 3. Act amended 10 This Act amends the Road Traffic Act 1974. 11 4. Section 78C amended 12 (1) In section 78C(2A) delete "section 79BB(2)." and insert: 13 14 section 79BB(2), 79BCB(2) or 79BCE(2). 15 16 (2) In section 78C(2) delete "section 79BB(2)" and insert: 17 18 section 79BB(2), 79BCB(2) or 79BCE(2) 19 20 (3) In section 78C(3)(ba) delete "section 79BB(2); or" and insert: 21 22 section 79BB(2), 79BCB(2) or 79BCE(2); or 23 page 2 Road Traffic Amendment Bill 2010 s. 5 1 5. Section 78D amended 2 In section 78D(a) delete "79A(1) or 79BB" and insert: 3 4 79A(1), 79BB, 79BCB or 79BCE 5 6 6. Sections 79BCA to 79BCE inserted 7 After section 79BB insert: 8 9 79BCA. Notice to surrender substitute vehicle for 10 impoundment 11 (1) This section applies if -- 12 (a) a vehicle (the initially impounded vehicle) is 13 impounded under section 79, 79A or 79BB; and 14 (b) under section 79D(2), the initially impounded 15 vehicle is released before the impounding 16 period ends; and 17 (c) the person (the alleged offender) who allegedly 18 committed the offence in respect of which the 19 initially impounded vehicle was impounded 20 (the offence) is a responsible person for one or 21 more other vehicles. 22 (2) If this section applies, a member of the Police Force 23 may give the alleged offender, personally or by 24 registered post, a notice in accordance with this section 25 (a surrender substitute vehicle notice). 26 (3) The surrender substitute vehicle notice cannot be given 27 after 28 days after the date of the release of the initially 28 impounded vehicle. 29 (4) The surrender substitute vehicle notice must contain a 30 statement to the effect that, because the initially 31 impounded vehicle has been released, a vehicle for page 3 Road Traffic Amendment Bill 2010 s. 6 1 which the alleged offender is a responsible person (the 2 substitute vehicle) is required to be surrendered to the 3 Commissioner for impounding instead of the initially 4 impounded vehicle. 5 (5) The surrender substitute vehicle notice must specify the 6 following -- 7 (a) in relation to the offence, its details and the 8 time and place at which it is suspected to have 9 been committed; 10 (b) which of sections 79(1) and 79A(1) is the 11 provision that authorised the impounding of the 12 initially impounded vehicle (the impounding 13 provision); 14 (c) sufficient details of the initially impounded 15 vehicle to identify it; 16 (d) when the initially impounded vehicle was 17 impounded; 18 (e) when the initially impounded vehicle was 19 released under section 79D(2); 20 (f) sufficient details of the substitute vehicle to 21 identify it; 22 (g) if the impounding provision is section 79(1) 23 and the alleged offender is a previous offender 24 as defined in section 79(1A), sufficient details 25 to explain why the alleged offender is regarded 26 as a previous offender; 27 (h) the length of the impounding period for the 28 substitute vehicle, which is to be -- 29 (i) if section 79(1) was the impounding 30 provision for the initially impounded 31 vehicle, either 28 days or 3 months 32 according to which of those periods was 33 the impounding period for which 34 section 79(1) required the initially page 4 Road Traffic Amendment Bill 2010 s. 6 1 impounded vehicle to be impounded; 2 and 3 (ii) if section 79A(1) was the impounding 4 provision for the initially impounded 5 vehicle, 28 days; 6 (i) the place at which, and the time of day during 7 which, the vehicle and its keys are required to 8 be surrendered under this Division; and 9 (j) the last day on or before which the vehicle and 10 its keys are required to be surrendered, being 11 the seventh day after the day on which the 12 notice is given. 13 (6) The surrender substitute vehicle notice must also 14 include -- 15 (a) a statement to the effect that this Division 16 contains law about the notice and the 17 impounding of the vehicle; and 18 (b) a statement as to the effect of 19 section 79BCB(5); and 20 (c) a statement to the effect that failure to comply 21 with the notice will result in the vehicle being 22 impounded by operation of section 79BCB(2). 23 (7) If the alleged offender is a responsible person for 2 or 24 more other vehicles, the surrender substitute vehicle 25 notice must specify only one of them as the substitute 26 vehicle, being the one decided by the member of the 27 Police Force issuing the notice. 28 79BCB. Consequences of surrender of substitute vehicle 29 notice 30 (1) If a responsible person who is given a surrender 31 substitute vehicle notice under section 79BCA 32 surrenders the substitute vehicle specified in the notice 33 according to the notice, the vehicle is impounded by page 5 Road Traffic Amendment Bill 2010 s. 6 1 operation of this subsection for a period that 2 commences at the time when the vehicle is 3 surrendered. 4 (2) If a responsible person who is given a surrender 5 substitute vehicle notice under section 79BCA fails to 6 surrender the substitute vehicle specified in the notice 7 according to the notice, the vehicle is impounded by 8 operation of this subsection for a period that 9 commences at the time when a member of the Police 10 Force takes possession of the vehicle for the purpose of 11 impounding it. 12 (3) An impounding period the length of which is specified 13 as 28 days or 3 months in a surrender substitute vehicle 14 notice includes the part of the day on which the vehicle 15 is impounded that is after the impounding occurred 16 even though including that part of the day makes the 17 period more than 28 days or 3 months, as the case 18 requires. 19 (4) The period for which a vehicle is impounded by 20 operation of subsection (1) or (2) ends when the 21 impounding period has passed since the end of the day 22 on which the vehicle was impounded. 23 (5) A responsible person who is given a surrender 24 substitute vehicle notice under section 79BCA commits 25 an offence and is liable to a fine of 50 PU if, when the 26 substitute vehicle specified in the notice has not been 27 impounded by operation of subsection (1) or (2) as a 28 consequence of the notice, the person disposes of an 29 interest that the person has in the vehicle. 30 79BCC. Cancelling notices to surrender 31 (1) In this section -- 32 notice to surrender means -- 33 (a) a surrender notice given under section 79BA; or page 6 Road Traffic Amendment Bill 2010 s. 6 1 (b) a surrender substitute vehicle notice given 2 under section 79BCA; or 3 (c) a surrender alternative vehicle notice given 4 under section 79BCD. 5 (2) If a senior police officer is satisfied that -- 6 (a) a notice to surrender has been given to a person 7 in respect of a vehicle; and 8 (b) the vehicle has not been impounded under 9 section 79BB, 79BCB or 79BCE, as the case 10 may be; and 11 (c) either -- 12 (i) if the vehicle were so impounded, the 13 vehicle would be a vehicle that could, 14 under section 79D, be released before 15 the impounding period ends; or 16 (ii) the vehicle's condition is such that it no 17 longer functions as a vehicle and a 18 licence could not be issued for it under 19 Part III, 20 the officer may cancel the notice to surrender. 21 (3) As soon as is practicable after a senior police officer 22 cancels a notice to surrender, the officer must give a 23 written notice of the cancellation to the person to 24 whom the notice to surrender was given. 25 79BCD. Notice to surrender alternative vehicle if surrender 26 notice cancelled 27 (1) This section applies if -- 28 (a) under section 79BA a surrender notice is given 29 to a person responsible for a vehicle (vehicle A) 30 the driver of which (the alleged offender) is 31 suspected of having committed an offence (the 32 offence); and page 7 Road Traffic Amendment Bill 2010 s. 6 1 (b) under section 79BCC the surrender notice is 2 cancelled before vehicle A is impounded under 3 section 79BB; and 4 (c) the alleged offender is a responsible person for 5 one or more other vehicles. 6 (2) If this section applies, a member of the Police Force 7 may give the alleged offender, personally or by 8 registered post, a notice in accordance with this section 9 (a surrender alternative vehicle notice). 10 (3) The surrender alternative vehicle notice cannot be 11 given after 28 days after the date on which the 12 surrender notice was cancelled. 13 (4) The surrender alternative vehicle notice must contain a 14 statement to the effect that, because vehicle A will not 15 be impounded, a vehicle for which the alleged offender 16 is a responsible person (the alternative vehicle) is 17 required to be surrendered to the Commissioner for 18 impounding instead of vehicle A. 19 (5) The surrender alternative vehicle notice must specify 20 the following -- 21 (a) in relation to the offence, its details and the 22 time and place at which it is suspected to have 23 been committed; 24 (b) which of sections 79(1) and 79A(1) is the 25 provision that authorised the impounding of 26 vehicle A (the impounding provision); 27 (c) sufficient details of vehicle A to identify it; 28 (d) when the surrender notice was cancelled under 29 section 79BCC; 30 (e) sufficient details of the alternative vehicle to 31 identify it; 32 (f) if the impounding provision is section 79(1) 33 and the alleged offender is a previous offender page 8 Road Traffic Amendment Bill 2010 s. 6 1 as defined in section 79(1A), sufficient details 2 to explain why the alleged offender is regarded 3 as a previous offender; 4 (g) the length of the impounding period for the 5 alternative vehicle, which is to be -- 6 (i) if section 79(1) was the impounding 7 provision for vehicle A, either 28 days 8 or 3 months according to which of those 9 periods was the impounding period for 10 which section 79(1) required vehicle A 11 to be impounded; and 12 (ii) if section 79A(1) was the impounding 13 provision for vehicle A, 28 days; 14 (h) the place at which, and the time of day during 15 which, the alternative vehicle and its keys are 16 required to be surrendered under this Division; 17 (i) the last day on or before which the alternative 18 vehicle and its keys are required to be 19 surrendered, being the seventh day after the day 20 on which the notice is given. 21 (6) The surrender alternative vehicle notice must also 22 include -- 23 (a) a statement to the effect that this Division 24 contains law about the notice and the 25 impounding of the vehicle; and 26 (b) a statement as to the effect of 27 section 79BCE(5); and 28 (c) a statement to the effect that failure to comply 29 with the notice will result in the vehicle being 30 impounded by operation of section 79BCE(2). 31 (7) If the alleged offender is a responsible person for 2 or 32 more other vehicles, the surrender alternative vehicle 33 notice must specify only one of them as the alternative page 9 Road Traffic Amendment Bill 2010 s. 6 1 vehicle, being the one decided by the member of the 2 Police Force issuing the notice. 3 79BCE. Consequences of surrender of alternative vehicle 4 notice 5 (1) If a responsible person who is given a surrender 6 alternative vehicle notice under section 79BCD 7 surrenders the alternative vehicle specified in the notice 8 according to the notice, the vehicle is impounded by 9 operation of this subsection for a period that 10 commences at the time when the vehicle is 11 surrendered. 12 (2) If a responsible person who is given a surrender 13 alternative vehicle notice under section 79BCD fails to 14 surrender the alternative vehicle specified in the notice 15 according to the notice, the vehicle is impounded by 16 operation of this subsection for a period that 17 commences at the time when a member of the Police 18 Force takes possession of the vehicle for the purpose of 19 impounding it. 20 (3) An impounding period the length of which is specified 21 as 28 days or 3 months in a surrender alternative 22 vehicle notice includes the part of the day on which the 23 vehicle is impounded that is after the impounding 24 occurred even though including that part of the day 25 makes the period more than 28 days or 3 months, as the 26 case requires. 27 (4) The period for which a vehicle is impounded by 28 operation of subsection (1) or (2) ends when the 29 impounding period has passed since the end of the day 30 on which the vehicle was impounded. 31 (5) A responsible person who is given a surrender 32 alternative vehicle notice under section 79BCD 33 commits an offence and is liable to a fine of 50 PU if, page 10 Road Traffic Amendment Bill 2010 s. 7 1 when the alternative vehicle specified in the notice has 2 not been impounded by operation of subsection (1) or 3 (2) as a consequence of the notice, the person disposes 4 of an interest that the person has in the vehicle. 5 6 7. Section 79BD amended 7 (1) Delete section 79BD(1) and insert: 8 9 (1) If -- 10 (a) a responsible person for a vehicle who is given 11 a surrender notice under section 79BA fails to 12 surrender the vehicle specified in the notice 13 according to the notice; or 14 (b) a responsible person for a vehicle who is given 15 a surrender substitute vehicle notice under 16 section 79BCA fails to surrender the substitute 17 vehicle specified in the notice according to the 18 notice; or 19 (c) a responsible person for a vehicle who is given 20 a surrender alternative vehicle notice under 21 section 79BCD fails to surrender the alternative 22 vehicle specified in the notice according to the 23 notice, 24 the Commissioner may request the Director General to 25 suspend the licence in respect of the vehicle until the 26 vehicle is impounded under this Division or the 27 Commissioner requests the Director General to revoke 28 the suspension. 29 30 (2) In section 79BD(2) delete "section 79D(2)(a), (b) or (c)" and 31 insert: 32 33 a paragraph of section 79D(2) 34 page 11 Road Traffic Amendment Bill 2010 s. 8 1 8. Section 79B amended 2 (1) In section 79B(2) after "notice of the impounding" insert: 3 4 given under subsection (1) 5 6 (2) After section 79B(2) insert: 7 8 (3A) The Commissioner is to ensure that, as soon as 9 practicable after a vehicle (the substitute vehicle) is 10 impounded under section 79BCB following the issue of 11 a surrender substitute vehicle notice to a responsible 12 person for the vehicle under section 79BCA, notice of 13 the impounding is given to -- 14 (a) each responsible person for the vehicle; and 15 (b) if the licence in respect of the vehicle is for the 16 time being suspended under section 79BD, the 17 Director General. 18 (3B) The notice of the impounding given under 19 subsection (3A) is to be in an approved form and 20 contain details of -- 21 (a) the time and place at which the offence, in the 22 commission of which the initially impounded 23 vehicle (as defined in section 79BCA(1)) was 24 used, is suspected to have been committed; and 25 (b) the offence sufficient to identify the grounds on 26 which the initially impounded vehicle was 27 impounded; and 28 (c) the person who was driving the initially 29 impounded vehicle when the offence is 30 suspected to have been committed; and 31 (d) the substitute vehicle sufficient to identify it; 32 and page 12 Road Traffic Amendment Bill 2010 s. 8 1 (e) the time when the substitute vehicle was 2 impounded; and 3 (f) the address of the place where the substitute 4 vehicle is stored; and 5 (g) the length of the impounding period for the 6 substitute vehicle which is to be the period 7 specified in the surrender substitute vehicle 8 notice under section 79BCA(5)(h); and 9 (h) the grounds on which the substitute vehicle 10 may be released under section 79D; and 11 (i) how, when and to whom the substitute vehicle 12 can be released; and 13 (j) the powers of a court under sections 80A, 80B, 14 80C and 80FA in relation to the impounding 15 and confiscation of vehicles. 16 (3C) The Commissioner is to ensure that, as soon as 17 practicable after a vehicle (the alternative vehicle) is 18 impounded under section 79BCE following the issue of 19 a surrender alternative vehicle notice to a responsible 20 person for the vehicle under section 79BCD, notice of 21 the impounding is given to -- 22 (a) each responsible person for the vehicle; and 23 (b) if the licence in respect of the vehicle is for the 24 time being suspended under section 79BD, the 25 Director General. 26 (3D) The notice of the impounding given under subsection 27 (3C) is to be in an approved form and contain details 28 of -- 29 (a) the offence referred to in section 79BCD(1)(a) 30 including the time and place at which it is 31 suspected to have been committed; and 32 (b) the alternative vehicle sufficient to identify it; 33 and page 13 Road Traffic Amendment Bill 2010 s. 9 1 (c) the time when the alternative vehicle was 2 impounded; and 3 (d) the address of the place where the alternative 4 vehicle is stored; and 5 (e) the length of the impounding period for the 6 alternative vehicle which is to be the period 7 specified in the surrender alternative vehicle 8 notice under section 79BCD(5)(g); and 9 (f) the grounds on which the alternative vehicle 10 may be released under section 79D; and 11 (g) how, when and to whom the alternative vehicle 12 can be released; and 13 (h) the powers of a court under sections 80A, 80B, 14 80C and 80FA in relation to the impounding 15 and confiscation of vehicles. 16 17 9. Section 79C amended 18 (1) In section 79C(1): 19 (a) after "section 79BA" insert: 20 21 or a surrender substitute vehicle notice under 22 section 79BCA or a surrender alternative vehicle notice 23 under section 79BCD 24 25 (b) before paragraph (a) insert: 26 27 (aa) the impounding, or the giving of the notice, as 28 the case requires; and 29 30 (2) In section 79C(2) delete "of a vehicle impoundment or the 31 giving of a surrender notice". page 14 Road Traffic Amendment Bill 2010 s. 9 1 (3) In section 79C(3): 2 (a) in paragraph (a) delete "impounded," and insert: 3 4 impounded under section 79, 79A or 79BB, 5 6 (b) in paragraph (b) after "if " insert: 7 8 under section 79BA 9 10 (c) in paragraph (b) delete "cancelled." and insert: 11 12 cancelled; 13 14 (d) after paragraph (b) insert: 15 16 (c) if a substitute vehicle has been impounded 17 under section 79BCB, or an alternative vehicle 18 has been impounded under section 79BCE, the 19 senior police officer and the member of the 20 Police Force are to take measures to ensure that 21 the vehicle is released from impoundment and 22 returned to a responsible person; 23 (d) if under section 79BCA a surrender substitute 24 vehicle notice has been given, or under section 25 79BCD a surrender alternative vehicle notice 26 has been given, but the vehicle has not yet been 27 surrendered, the senior police officer is to 28 cancel the notice and immediately notify the 29 person to whom the notice was given that the 30 notice has been cancelled. 31 page 15 Road Traffic Amendment Bill 2010 s. 10 1 (4) In section 79C(4) delete "notice." and insert: 2 3 notice or surrender substitute vehicle notice or surrender 4 alternative vehicle notice, as the case may be. 5 6 10. Section 79D amended 7 (1) In section 79D(1) insert in alphabetical order: 8 9 service, in relation to a vehicle, includes to clean, 10 examine, improve, inspect, paint, park, repair, store and 11 transport it; 12 taxi means a vehicle -- 13 (a) on which taxi plates issued under the Taxi Act 14 1994 are being used; or 15 (b) in respect of which a taxi-car licence has been 16 issued under the Transport Co-ordination Act 17 1966 Part IIIB, 18 and it does not matter whether or not, at the relevant 19 time, it is standing or plying for hire or carrying 20 passengers for reward; 21 taxi operator, of a taxi, means a person who -- 22 (a) under the Taxi Act 1994, owns or leases the taxi 23 plates, issued under that Act, that are being 24 used on the taxi; or 25 (b) holds the taxi-car licence issued under the 26 Transport Co-ordination Act 1966 in respect of 27 the taxi; 28 vehicle service provider means a person who, for 29 reward in the course of a business, services vehicles. 30 page 16 Road Traffic Amendment Bill 2010 s. 10 1 (2) In section 79D(1) in the definition of impounded vehicle delete 2 "79A(1) or 79BB." and insert: 3 4 79A(1), 79BB, 79BCB or 79BCE; 5 6 (3) In section 79D(2): 7 (a) in paragraph (c) delete "case." and insert: 8 9 case; or 10 11 (b) after paragraph (c) insert: 12 13 (d) a senior police officer is satisfied that, at the 14 time the offence in respect of which the vehicle 15 was impounded was committed -- 16 (i) the vehicle, with the consent of a person 17 lawfully in possession of it, was in the 18 possession of a vehicle service provider 19 for the purposes of being serviced by 20 the vehicle service provider; and 21 (ii) the person who allegedly committed the 22 offence was the vehicle service provider 23 or a person employed by, contracted to 24 or acting with the authority of the 25 vehicle service provider; and 26 (iii) the person who allegedly committed the 27 offence was not a responsible person for 28 the vehicle; 29 or page 17 Road Traffic Amendment Bill 2010 s. 10 1 (e) a senior police officer is satisfied that, at the 2 time the offence in respect of which the vehicle 3 was impounded was committed -- 4 (i) the vehicle had been lent by a vehicle 5 service provider to the person who 6 allegedly committed the offence for use 7 while the vehicle service provider was 8 servicing a vehicle for the person; and 9 (ii) the person who allegedly committed the 10 offence was not a responsible person for 11 the vehicle; 12 or 13 (f) a senior police officer is satisfied that, at the 14 time the offence in respect of which the vehicle 15 was impounded was committed -- 16 (i) the vehicle was for sale; and 17 (ii) the person who allegedly committed the 18 offence (the alleged offender) was 19 test-driving the vehicle with the consent 20 of the person selling it for the purpose 21 of deciding whether to buy it; and 22 (iii) the person who consented to the alleged 23 offender test-driving the vehicle had 24 complied with subsection (3); and 25 (iv) the alleged offender was not employed 26 by or contracted to the person selling 27 the vehicle; and 28 (v) the alleged offender was not a 29 responsible person for the vehicle; 30 or page 18 Road Traffic Amendment Bill 2010 s. 10 1 (ga) a senior police officer is satisfied that, at the 2 time the offence in respect of which the vehicle 3 was impounded was committed -- 4 (i) the vehicle was used primarily in the 5 course of a business conducted by a 6 person (the business owner); and 7 (ii) the person who allegedly committed the 8 offence (the alleged offender) was an 9 employee or contractor of the business 10 owner; and 11 (iii) the alleged offender was driving the 12 vehicle with the consent of the business 13 owner or an agent of the business 14 owner; and 15 (iv) the person who consented to the alleged 16 offender driving the vehicle had 17 complied with subsection (4A); and 18 (v) the alleged offender was not a 19 responsible person for the vehicle; 20 or 21 (gb) a senior police officer is satisfied that, at the 22 time the offence in respect of which the vehicle 23 was impounded was committed -- 24 (i) the vehicle was a taxi; and 25 (ii) the person who allegedly committed the 26 offence (the alleged offender) was 27 driving the taxi under an agreement 28 between him or her and the taxi operator 29 of the taxi, or an agent of the taxi 30 operator, under which the alleged 31 offender pays the operator or agent in 32 order to be allowed to drive the taxi for 33 reward; and page 19 Road Traffic Amendment Bill 2010 s. 10 1 (iii) the taxi operator or agent who entered 2 into the agreement with the alleged 3 offender had complied with 4 subsection (4B); and 5 (iv) the alleged offender was not a 6 responsible person for the vehicle; 7 or 8 (gc) a senior police officer is satisfied that, at the 9 time the offence in respect of which the vehicle 10 was impounded was committed -- 11 (i) the vehicle was licensed under the 12 Transport Co-ordination Act 1966 to be 13 operated as an omnibus; and 14 (ii) the person who allegedly committed the 15 offence (the alleged offender) was an 16 employee or contractor of the holder of 17 that licence; and 18 (iii) the alleged offender was driving the 19 vehicle with the consent of the holder of 20 that licence; and 21 (iv) the person who consented to the alleged 22 offender driving the vehicle had 23 complied with subsection (4A); and 24 (v) the alleged offender was not a 25 responsible person for the vehicle; 26 or 27 (gd) a senior police officer is satisfied that -- 28 (i) the vehicle cannot be released under any 29 of paragraphs (a) to (gc) or under 30 circumstances prescribed under 31 paragraph (g); and 32 (ii) unless the vehicle is released, manifest 33 injustice or manifest unfairness will be page 20 Road Traffic Amendment Bill 2010 s. 10 1 suffered by a person other than the 2 alleged offender; 3 or 4 (g) circumstances prescribed by the regulations 5 exist. 6 7 (c) after paragraph (a) insert: 8 9 or 10 11 (4) After section 79D(2) insert: 12 13 (3) For the purposes of subsection (2)(f)(iii), a person who 14 consents to a person test-driving a vehicle must -- 15 (a) ensure the driver has a driver's licence that 16 authorises him or her to drive the vehicle; and 17 (b) inform the driver that he or she must obey the 18 law when test-driving the vehicle. 19 (4A) For the purposes of subsection (2)(ga)(iv) and (gc)(iv), 20 a person who consents to an employee or contractor 21 driving a vehicle must -- 22 (a) ensure the driver has a driver's licence that 23 authorises him or her to drive the vehicle; and 24 (b) ensure the driver has been instructed to obey 25 the law when driving the vehicle. 26 (4B) For the purposes of subsection (2)(gb)(iii), a taxi 27 operator or agent who enters into an agreement with a 28 driver must -- 29 (a) ensure the driver has a driver's licence that 30 authorises him or her to drive the vehicle; and 31 (b) ensure the driver has been instructed to obey 32 the law when driving the vehicle. page 21 Road Traffic Amendment Bill 2010 s. 10 1 (4C) For the purposes of subsection (2)(gd) none of these 2 factors by itself means manifest injustice or manifest 3 unfairness will be suffered by a person -- 4 (a) if the offence in respect of which the vehicle 5 was impounded was an impounding offence 6 (driver's licence), the fact that a person 7 responsible for the vehicle concerned had no 8 grounds to suspect the alleged offender was not 9 authorised to drive the vehicle at the time of the 10 offence; 11 (b) the fact that, although a responsible person for 12 the vehicle expressly or impliedly authorised 13 the person who allegedly committed the 14 offence in respect of which the vehicle was 15 impounded (the alleged offender) to drive the 16 vehicle, the responsible person had no grounds 17 to suspect the alleged offender would drive in a 18 manner that contravened this Act. 19 (4) A member of the Police Force or a senior police officer 20 may require a person seeking the release of an 21 impounded vehicle to provide information to him or 22 her for the purposes of this section in a statutory 23 declaration. 24 (5) Circumstances that may be prescribed by regulations 25 made for the purposes of subsection (2)(g) are not 26 limited by the circumstances described in the other 27 paragraphs of subsection (2). 28 page 22 Road Traffic Amendment Bill 2010 s. 11 1 11. Section 79E amended 2 In section 79E: 3 (a) after "impounding the vehicle" insert: 4 5 and any substitute vehicle impounded under 6 section 79BCB and any alternative vehicle impounded 7 under section 79BCE 8 9 (b) delete "vehicle." and insert: 10 11 vehicle or vehicles. 12 13 12. Section 80IB amended 14 After section 80IB(1) insert: 15 16 (2A) If the vehicle impounded under Subdivision 2 is a 17 substitute vehicle impounded under section 79BCB, the 18 expenses referred to in subsection (1) are both the 19 expenses incurred in impounding the substitute vehicle 20 and any unpaid expenses incurred in impounding the 21 initially impounded vehicle (as defined in 22 section 79BCA(1)). 23 24 13. Section 80I amended 25 After section 80I(1) insert: 26 27 (2A) If the vehicle impounded under Subdivision 2 is a 28 substitute vehicle impounded under section 79BCB, the 29 expenses referred to in subsection (1) are both the 30 expenses incurred in storing the substitute vehicle and page 23 Road Traffic Amendment Bill 2010 s. 13 1 any unpaid expenses incurred in storing the initially 2 impounded vehicle (as defined in section 79BCA(1)). 3 4
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