New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 143

143 Removal of unattended motor vehicles or trailers from certain places

(cf STM Act, s 76)

(1) Removal of vehicle endangering public or causing traffic congestion An appropriate officer may cause an unattended motor vehicle or trailer unlawfully standing on a prescribed place to be removed in accordance with this section if, in the opinion of the officer, the vehicle is causing, or unless removed is likely to cause, danger to the public or undue traffic congestion.

(2) Removal of vehicle obstructing light rail vehicle An appropriate officer may cause an unattended motor vehicle or trailer unlawfully standing on any place to be removed in accordance with this section if, in the opinion of the officer, it is obstructing the passage of a light rail vehicle.

(3) Removal of vehicle in accordance with this section A motor vehicle or trailer is removed in accordance with this section if it is removed to a nearby place at which, in the opinion of the appropriate officer concerned, the vehicle may lawfully stand without being likely to cause danger to the public or undue traffic congestion, or an obstruction to the passage of a light rail vehicle.

(4) Payment of prescribed tow-away charge may be required If a motor vehicle or trailer--

(a) is removed in accordance with this section, or

(b) is attached to a tow truck for the purpose of being removed under this section,

Transport for NSW may require the responsible person for the vehicle or the person who left it unattended to pay to Transport for NSW the prescribed tow-away charge within a time specified by Transport for NSW.

(5) The responsible person for a vehicle is not required to pay the prescribed tow-away charge if the responsible person--

(a) satisfies Transport for NSW that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or

(b) supplies by statutory declaration to Transport for NSW the name and address of the person (not being the responsible person) who was in charge of the vehicle at all relevant times, or

(c) satisfies Transport for NSW that the responsible person did not know and could not with reasonable diligence have ascertained such name and address.

(6) A person must pay the prescribed tow-away charge within the time specified by Transport for NSW.

: Maximum penalty--10 penalty units.

(7) A statutory declaration under subsection (5)(b), if produced in any proceedings against the person named in the declaration and in respect of the offence of failure to pay the prescribed tow-away charge, is admissible and is prima facie evidence that the person left the vehicle unattended on the prescribed place.

(8) For the purposes of subsection (5)(a), the responsible person cannot rely on any police report stating that the vehicle was stolen or illegally taken or used at the relevant time unless the report indicates the time and date that it was made.

(9) Establishment of special tow-away areas Transport for NSW may establish special tow-away areas for the purposes of this section.

(10) Any such area may be established by order published in the Gazette, or by the erection of signs in or about the area concerned, or both.

Note--: Any such order may be amended, rescinded, revoked or repealed. See section 43 of the Interpretation Act 1987 and the definition of
"repeal" in that Act.

(11) If Transport for NSW establishes a special tow-away area, it is to cause a notice to be published in at least 2 newspapers circulating in the area to which the special tow-away area relates. The notice must describe or identify the special tow-away area, and specify the period for which the area concerned is to operate as a special tow-away area.

(12) Definitions In this section--

"appropriate officer" means--

(a) an employee in the service of Transport for NSW authorised by Transport for NSW to exercise the powers conferred by this section, or

(b) a police officer, or

(c) a person, or a person of a class, who is authorised by Transport for NSW to exercise the functions of an appropriate officer under this section, but only in respect of the removal of unattended vehicles obstructing the passage of light rail vehicles, or

(d) a person of a class prescribed by the statutory rules who is authorised by Transport for NSW to exercise the functions of an appropriate officer under this section.

"prescribed place" means--

(a) a road (or part of a road) prescribed by the statutory rules, or

(b) a class of road (or part of a road) prescribed by the statutory rules, or

(c) any road that is within a special tow-away area referred to in subsection (9).

"prescribed tow-away charge" means a charge prescribed by the statutory rules for the purposes of this section.