Road Traffic Amendment (Immobilisation, Towing and Detention … · 2021. 1. 20. · Road Traffic Amendment (Immobilisation, Towing and Detention of Vehicles) Bill 2020 Contents page

194—1 page i

Western Australia

Road Traffic Amendment (Immobilisation,

Towing and Detention of Vehicles) Bill 2020

Contents

Part 1 — Preliminary

1. Short title 2 2. Commencement 2

Part 2 — Road Traffic Act 1974

amended

3. Act amended 3 4. Part VI heading replaced 3

Part 6 — Unlawful interference with motor vehicles

5. Part 6A inserted 3

Part 6A — Immobilisation, towing and detention of motor vehicles

Division 1 — Preliminary 91. Terms used 3 92. Term used: consent 7 93. Term used: authorised enforcement action 7 94. Term used: towing arrangement 8 Division 2 — Immobilisation of motor vehicles 95. Motor vehicles not to be immobilised 9 Division 3 — Towing of motor vehicles Subdivision 1 — Towing regulated by this Division 96. Application of Division 10 Subdivision 2 — Towing 97. Towing parked motor vehicles prohibited

unless requirements satisfied 11 98. Regulations relating to towing

requirements 13

Road Traffic Amendment (Immobilisation, Towing and Detention of Vehicles) Bill 2020

Contents

page ii

99. Release of motor vehicle that is being loaded onto tow truck 13

100. Release of motor vehicle that has been loaded onto tow truck 14

101. Motor vehicle must be towed by most direct route to approved storage yard 15

102. Copy of towing arrangement must be given 15

103. Release from storage 16 104. Approval of storage yards 17 Subdivision 3 — Charges for towing and storage 105. Towing charges 17 105A. Storage charges 18 105B. Regulations may prohibit or restrict towing

and storage charges 18 105C. Liability for towing and storage charges 18 Division 4 — Detention of motor vehicles 105D. Application of Division 19 105E. Motor vehicles not to be detained 19 Division 5 — Miscellaneous 105F. Abolition of distress damage feasant in

relation to motor vehicles 20 105G. Part does not confer right to immobilise,

tow or detain motor vehicle 21 105H. Agreements for prohibited immobilisation,

towing and detention services 21

Part 3 — Road Traffic

(Administration) Act 2008

amended

6. Act amended 23 7. Section 4 amended 23 8. Section 11 amended 23 9. Section 12 amended 23 10. Section 22 amended 23 11. Section 26 amended 24 12. Section 28 amended 24 13. Section 38 amended 25 14. Part 4 Divisions 6A and 6B inserted 26

Division 6A — Powers of inspection and search for RTA Part 6A compliance purposes

61A. Inspection of premises 26 61B. Search of premises 27


Contents

page iii

Division 6B — Other directions in relation to RTA Part 6A compliance purposes

61C. Direction to produce records, devices or other things 29

61D. Direction to provide information 30 61E. Direction to provide reasonable assistance

for powers of inspection and search 31 61F. Directions under this Division 32

15. Part 4 Division 7 heading amended 32 16. Section 63 amended 33 17. Part 4 Division 8 heading amended 33 18. Section 67 amended 33 19. Section 68 amended 33 20. Section 69 amended 34 21. Part 4 Division 9 heading amended 34 22. Section 70 amended 34 23. Section 71 amended 34 24. Section 74 amended 36 25. Section 78 amended 37 26. Section 105 amended 37 27. Section 133 amended 37

page 1

Western Australia

LEGISLATIVE ASSEMBLY

Road Traffic Amendment (Immobilisation,

Towing and Detention of Vehicles) Bill 2020

A Bill for

An Act to amend the Road Traffic Act 1974 and the Road Traffic

(Administration) Act 2008 and for related purposes.

The Parliament of Western Australia enacts as follows:


Part 1 Preliminary

s. 1

page 2

Part 1 — Preliminary 1

1. Short title 2

This is the Road Traffic Amendment (Immobilisation, Towing 3

and Detention of Vehicles) Act 2020. 4

2. Commencement 5

This Act comes into operation as follows — 6

(a) Part 1 — on the day on which this Act receives the 7

Royal Assent; 8

(b) the rest of the Act — on a day fixed by proclamation. 9


Road Traffic Act 1974 amended Part 2

s. 3

page 3

Part 2 — Road Traffic Act 1974 amended 1

3. Act amended 2

This Part amends the Road Traffic Act 1974. 3

4. Part VI heading replaced 4

Delete the heading to Part VI and insert: 5

6

Part 6 — Unlawful interference with motor 7

vehicles 8

9

5. Part 6A inserted 10

After section 90 insert: 11

12

Part 6A — Immobilisation, towing and 13

detention of motor vehicles 14

Division 1 — Preliminary 15

91. Terms used 16

In this Part — 17

authorised enforcement action has the meaning given 18

in section 93; 19

business day means a day that is not a Saturday, 20

Sunday or public holiday; 21

commencement day means the day on which the Road 22

Traffic Amendment (Immobilisation, Towing and 23

Detention of Vehicles) Act 2020 section 5 comes into 24

operation; 25

consent has the meaning given in section 92; 26


Part 2 Road Traffic Act 1974 amended

s. 5

page 4

controller, in relation to premises, means a person who 1

is in occupation or control of the premises, or is 2

entitled to be in occupation or control of the premises, 3

whether or not the person owns the premises; 4

load, in relation to a motor vehicle and a tow truck, 5

means to lift or otherwise move the motor vehicle onto 6

the tow truck, or to secure the motor vehicle to the tow 7

truck, or both, so that the motor vehicle is ready to be 8

removed by the tow truck; 9

on-site release charge has the meaning given in 10

section 100(2); 11

parked, in relation to a motor vehicle, means parked, 12

stood or left at premises; 13

parking agreement — 14

(a) means an agreement, however formed, for the 15

terms and conditions on which a motor vehicle 16

may be parked at premises; but 17

(b) does not include an agreement that deals with 18

parking only as a matter that is ancillary or 19

incidental to the main purpose of the 20

agreement; 21

parking facility means a facility for the parking of 22

motor vehicles where entry to, or exit from, the facility 23

is controlled by permanent infrastructure; 24

public entity means — 25

(a) an agency or organisation, as those terms are 26

defined in the Public Sector Management 27

Act 1994 section 3(1); or 28

(b) a body (whether incorporated or not), or the 29

holder of an office, that is established or 30

continued for a public purpose under a written 31

law; or 32

(c) a local government, regional local government 33

or regional subsidiary; or 34



s. 5

page 5

(d) a person employed in, authorised by or engaged 1

for the purposes of, a person or body referred to 2

in paragraphs (a) to (c); or 3

(e) a person or body, or a person or body in a class 4

of persons or bodies, prescribed by the 5

regulations; 6

relevant person, for a motor vehicle, means each of the 7

following — 8

(a) a person who is entitled to the immediate 9

possession of the vehicle; 10

(b) the driver of the vehicle or, in relation to a 11

vehicle that is parked or was parked before it 12

was towed, loaded or partially loaded onto a 13

tow truck, the person who was driving or 14

otherwise in charge of the vehicle when it was 15

parked; 16

security interest, in a motor vehicle — 17

(a) means a security interest (as defined in the 18

Personal Property Securities Act 2009 19

(Commonwealth) section 12) in the vehicle; 20

and 21

(b) includes a possessory lien or pledge over the 22

vehicle; and 23

(c) despite paragraphs (a) and (b), does not include 24

anything referred to in those paragraphs that 25

arises only under a parking agreement or only 26

in connection with a motor vehicle being 27

parked at premises; 28

security power, in relation to a motor vehicle, means a 29

power over the vehicle that a person is entitled to 30

exercise as the holder of a security interest in the 31

vehicle; 32



s. 5

page 6

storage charges means any charges imposed on a 1

relevant person for a motor vehicle for or in relation to 2

any of the following — 3

(a) the storage, release or viewing of the vehicle 4

after it has been towed; 5

(b) access to the vehicle after it has been towed; 6

(c) access to personal property that is or was in the 7

vehicle after it has been towed; 8

storage yard means premises used for storing motor 9

vehicles that have been towed; 10

tow includes to — 11

(a) carry; and 12

(b) lift and tow; and 13

(c) lift and carry; and 14

(d) lift for the purpose of towing; 15

towing arrangement has the meaning given in 16

section 94; 17

towing charges means any charges, other than storage 18

charges, imposed on a relevant person for a motor 19

vehicle for or in relation to towing the vehicle 20

including, without limitation, charges for any of the 21

following — 22

(a) anything done in preparation for towing the 23

vehicle, including travelling to premises and 24

taking steps to find a relevant person for the 25

vehicle; 26

(b) loading the vehicle onto a tow truck; 27

(c) towing the vehicle; 28

towing service provider has the meaning given in 29

section 94; 30

tow truck means a motor vehicle used or intended to be 31

used to tow another motor vehicle; 32



s. 5

page 7

tow truck driver means a person who drives a tow 1

truck for the purpose of towing motor vehicles. 2

92. Term used: consent 3

(1) A motor vehicle is immobilised, towed or detained 4

with the consent of a relevant person for the vehicle if, 5

prior to the immobilisation, towing or detention 6

occurring — 7

(a) a relevant person or a person who appears to be 8

a relevant person gives express consent to the 9

immobilisation, towing or detention; or 10

(b) a relevant person or a person who appears to be 11

a relevant person enters into an agreement 12

(other than a parking agreement) under which 13

the immobilisation, towing or detention is 14

expressly or impliedly authorised. 15

(2) For the purposes of subsection (1)(a), the express 16

consent of the relevant person or the person who 17

appears to be a relevant person must — 18

(a) be given by express words; and 19

(b) relate to the particular occurrence of 20

immobilisation, towing or detention, rather than 21

being a general consent to immobilisation, 22

towing or detention or to immobilisation, 23

towing or detention in specified circumstances. 24

93. Term used: authorised enforcement action 25

A motor vehicle is immobilised, towed or detained in 26

the exercise of authorised enforcement action if the 27

immobilisation, towing or detention is done — 28

(a) by a police officer exercising a function of the 29

officer or by a person assisting a police officer 30

in the exercise of a function of the officer; or 31



s. 5

page 8

(b) under and in accordance with an enforcement 1

warrant issued under the Fines, Penalties and 2

Infringement Notices Enforcement Act 1994; or 3

(c) under and in accordance with an order or 4

warrant issued by a court; or 5

(d) under and in accordance with an Act, or 6

subsidiary legislation, of the Commonwealth. 7

94. Term used: towing arrangement 8

(1) A towing arrangement is an agreement between a 9

controller of premises and another person (the towing 10

service provider) — 11

(a) by which the controller requests or permits the 12

towing of 1 or more motor vehicles parked at 13

the premises by the towing service provider or 14

a tow truck driver authorised by the towing 15

service provider; and 16

(b) that — 17

(i) meets the requirements of 18

subsection (2); or 19

(ii) is approved, or in a class of agreements 20

approved, under subsection (3). 21

(2) For the purposes of subsection (1)(b)(i), the agreement 22

must — 23

(a) be in the form approved by the CEO; and 24

(b) be signed by or on behalf of the controller; and 25

(c) provide for a call-out charge to be paid by the 26

controller in the event that a tow truck driver is 27

called to the premises to tow a vehicle but the 28

vehicle is not towed and no on-site release 29

charge is paid. 30



s. 5

page 9

(3) The CEO may, in writing, approve for the purposes of 1

subsection (1)(b)(ii) an agreement, or a class of 2

agreements, made before commencement day in 3

relation to towing. 4

(4) A towing arrangement may relate to 1 or more 5

specified vehicles or may be a general arrangement 6

requesting or permitting the towing of vehicles parked 7

at the premises in circumstances set out in the 8

arrangement. 9

Division 2 — Immobilisation of motor vehicles 10

95. Motor vehicles not to be immobilised 11

(1) A person must not immobilise a parked motor vehicle 12

by attaching to, or placing near, the vehicle — 13

(a) a wheel clamp; or 14

(b) another device that effectively immobilises the 15

vehicle, including by making it unsafe or 16

impracticable for a person to drive the vehicle. 17

Penalty for this subsection: a fine of 100 PU. 18

(2) Subsection (1) does not apply if the vehicle is 19

immobilised — 20

(a) by, or with the consent of, a relevant person for 21

the vehicle; or 22

(b) in the exercise of authorised enforcement 23

action; or 24

(c) in the exercise of a security power; or 25

(d) by a public entity in the exercise of a function 26

under and in accordance with a written law. 27



s. 5

page 10

Division 3 — Towing of motor vehicles 1

Subdivision 1 — Towing regulated by this Division 2

96. Application of Division 3

(1) This Division applies in relation to — 4

(a) the towing of a parked motor vehicle if the 5

towing is at the request of, or otherwise 6

permitted by, a controller of the premises at 7

which the vehicle is parked; and 8

(b) anything done in preparation for towing of the 9

kind referred to in paragraph (a); and 10

(c) the storage and release of a motor vehicle 11

towed or to be towed as referred to in 12

paragraph (a); and 13

(d) charges for or in relation to anything referred to 14

in paragraph (a), (b) or (c). 15

(2) This Division does not apply in relation to — 16

(a) the towing of a motor vehicle — 17

(i) away from the site of an accident or 18

breakdown on a road; or 19

(ii) by, or with the consent of, a relevant 20

person for the vehicle; or 21

(iii) in the exercise of authorised 22

enforcement action; or 23

(iv) in the exercise of a security power; or 24

(v) under and in accordance with a written 25

law; or 26

(vi) in circumstances prescribed by the 27

regulations; 28

or 29



s. 5

page 11

(b) anything done in preparation for towing of the 1

kind referred to in paragraph (a); or 2

(c) the storage and release of a motor vehicle 3

towed or to be towed as referred to in 4

paragraph (a); or 5

(d) charges for or in relation to anything referred to 6

in paragraph (a), (b) or (c). 7

(3) Subsection (1) is subject to subsection (2). 8

Subdivision 2 — Towing 9

97. Towing parked motor vehicles prohibited unless 10

requirements satisfied 11

(1) A tow truck driver must not tow a parked motor 12

vehicle from the premises at which it is parked (the 13

relevant premises) unless — 14

(a) there is a towing arrangement in effect 15

requesting or permitting the tow truck driver to 16

tow the vehicle; and 17

(b) the tow truck driver has notified the CEO, in a 18

manner and form approved by the CEO — 19

(i) that the vehicle is to be towed; and 20

(ii) of the details prescribed by the 21

regulations in relation to the vehicle; 22

and 23

(c) the tow truck driver has recorded the details 24

prescribed by the regulations in relation to the 25

vehicle in accordance with the requirements of 26

the regulations; and 27

(d) if the regulations require a sign to be displayed 28

at the relevant premises — a sign complying 29

with the requirements of the regulations was 30

displayed at the relevant premises when the 31

vehicle was parked; and 32



s. 5

page 12

(e) the vehicle has been parked at the relevant 1

premises for a period that is no shorter than the 2

waiting period prescribed by the regulations; 3

and 4

(f) either — 5

(i) the tow truck driver cannot, after taking 6

reasonable steps, find a relevant person 7

for the vehicle; or 8

(ii) if a relevant person for the vehicle is 9

found — the relevant person cannot or 10

will not remove the vehicle from the 11

relevant premises, or the tow truck 12

driver reasonably believes that the 13

relevant person cannot or will not 14

remove the vehicle from the relevant 15

premises, within a reasonable time. 16


(2) Despite subsection (1), if the vehicle is parked in a 18

position where it is causing a hazard or unreasonable 19

obstruction, the requirements in subsection (1)(d), (e) 20

and (f) do not apply. 21

(3) Subsection (1)(f)(i) is taken to be satisfied if the tow 22

truck driver reasonably believes that a controller of the 23

relevant premises has taken reasonable steps to find a 24

relevant person for the vehicle and cannot find a 25

relevant person. 26

(4) A controller of premises must not give any information 27

to a tow truck driver in relation to a matter referred to 28

in subsection (1) that the controller knows is false or 29

misleading in a material particular. 30




s. 5

page 13

98. Regulations relating to towing requirements 1

(1) Regulations may make provision for or in relation to 2

the following — 3

(a) the disclosure or publication of information 4

obtained by the CEO under section 97(1)(b); 5

(b) requirements to retain and produce records 6

made in accordance with section 97(1)(c). 7

(2) Regulations made for the purposes of section 97(1)(d) 8

may provide — 9

(a) that motor vehicles must not be towed from 10

premises of a prescribed kind unless a sign is 11

displayed; and 12

(b) for requirements that apply to signs referred to 13

in paragraph (a). 14

(3) Regulations made for the purposes of section 97(1)(e) 15

may prescribe different waiting periods that apply to 16

motor vehicles parked in different circumstances, 17

including by reference to any sign displayed at the 18

relevant premises. 19

(4) For the purposes of section 97(1)(f), regulations may 20

prescribe the steps that a person must take in order to 21

have taken reasonable steps to find a relevant person 22

for a motor vehicle and may prescribe different steps 23

that must be taken in different circumstances. 24

99. Release of motor vehicle that is being loaded onto 25

tow truck 26

(1) This section applies if — 27

(a) the process of loading a motor vehicle that was 28

parked at premises onto a tow truck has begun 29

but has not been completed; and 30



s. 5

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(b) a relevant person for the vehicle agrees to 1

remove the vehicle from the premises within a 2

reasonable time. 3

(2) The tow truck driver for the tow truck must 4

immediately release the vehicle to the relevant person 5

without charge. 6


100. Release of motor vehicle that has been loaded onto 8

tow truck 9

(1) This section applies if — 10

(a) a motor vehicle that was parked at premises 11

(the relevant premises) — 12

(i) has been loaded onto a tow truck; but 13

(ii) has not been removed from the relevant 14

premises; 15

and 16

(b) a relevant person for the vehicle is present. 17

(2) The tow truck driver for the tow truck must inform the 18

relevant person, before removing the vehicle, that if the 19

relevant person pays an amount (the on-site release 20

charge) stated by the tow truck driver, the vehicle will 21

be immediately released. 22


(3) If, on being informed under subsection (2), the relevant 24

person pays the tow truck driver the on-site release 25

charge, the tow truck driver must immediately release 26

the vehicle to the relevant person. 27




s. 5

page 15

(4) The tow truck driver must not state an amount for an 1

on-site release charge that exceeds the amount 2

determined in accordance with the regulations. 3


(5) If a motor vehicle is released under subsection (3), a 5

person must not impose any further towing charges in 6

relation to the vehicle. 7


101. Motor vehicle must be towed by most direct route to 9

approved storage yard 10

A tow truck driver who tows a motor vehicle must tow 11

the vehicle by the most direct route, and without taking 12

longer than is reasonably necessary, to the nearest 13

suitable storage yard approved for the tow truck driver 14

under section 104(3). 15

Penalty: a fine of 40 PU. 16

102. Copy of towing arrangement must be given 17

(1) If a motor vehicle has been towed using a tow truck, or 18

loaded or partially loaded onto a tow truck, a relevant 19

person for the vehicle, or a police officer, may request 20

a copy of the towing arrangement in relation to the 21

towing from any or all of the following — 22

(a) the tow truck driver; 23

(b) if the tow truck driver is not the towing service 24

provider who is party to the towing 25

arrangement — that towing service provider; 26

(c) if the vehicle is or was stored in a storage yard 27

after being towed — the person in charge of the 28

storage yard. 29



s. 5

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(2) A person to whom a request is made under 1

subsection (1) must, as soon as is practicable but in any 2

event within 5 business days after the day on which the 3

request is made, give the relevant person or police 4

officer a copy of the towing arrangement. 5


(3) A request under subsection (1) may be made whether 7

or not the vehicle has been released. 8

(4) A towing service provider must, for each towing 9

arrangement to which the towing service provider is a 10

party, ensure that the following persons are given, or 11

have access to, the towing arrangement — 12

(a) each tow truck driver requested or permitted to 13

tow motor vehicles under the towing 14

arrangement; 15

(b) the person in charge of each storage yard that is 16

approved under section 104(3) for a tow truck 17

driver referred to in paragraph (a). 18


(5) Regulations may make provision for or in relation to 20

the disclosure or publication of towing arrangements or 21

the information contained in towing arrangements. 22

103. Release from storage 23

(1) This section applies if a motor vehicle that has been 24

towed is stored in a storage yard. 25

(2) If a relevant person for the vehicle asks the person in 26

charge of the storage yard to release the vehicle, the 27

person in charge must release the vehicle as soon as is 28

practicable but in any event no later than 4 hours after 29

the request is made. 30




s. 5

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(3) For the purposes of determining when the 4-hour 1

period referred to in subsection (2) expires, only time 2

between 9 am and 5 pm on a business day is to be 3

counted. 4

(4) Regulations may prescribe the steps that must be taken 5

to release the vehicle for the purposes of 6

subsection (2). 7

104. Approval of storage yards 8

(1) A person may apply to the CEO for approval of 1 or 9

more storage yards to be used to store vehicles towed 10

by a tow truck driver or class of tow truck drivers. 11

(2) The application must — 12

(a) be in the form approved by the CEO; and 13

(b) be accompanied by the fee (if any) prescribed 14

by the regulations; and 15

(c) comply with any other requirements prescribed 16

by the regulations. 17

(3) The CEO may, by written notice, grant or refuse to 18

grant the approval. 19

(4) Regulations may prescribe matters that the CEO must 20

consider when granting or refusing to grant an approval 21

under subsection (3). 22

Subdivision 3 — Charges for towing and storage 23

105. Towing charges 24

(1) A person commits an offence if the total amount of 25

towing charges imposed by the person for or in relation 26

to the towing of a motor vehicle exceeds the amount 27

(the maximum towing charges amount) determined in 28

accordance with the regulations. 29




s. 5

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(2) Regulations made for the purposes of subsection (1) 1

may provide for different maximum towing charges 2

amounts that apply in different circumstances, 3

including by reference to the amount of work 4

undertaken or distance travelled. 5

105A. Storage charges 6

(1) A person commits an offence if the total amount of 7

storage charges imposed by the person in relation to a 8

motor vehicle that has been towed exceeds the amount 9

(the maximum storage charges amount) determined in 10

accordance with the regulations. 11


(2) Regulations made for the purposes of subsection (1) 13

may provide for different maximum storage charges 14

amounts that apply in different circumstances. 15

105B. Regulations may prohibit or restrict towing and 16

storage charges 17

Without limiting sections 105 and 105A, the 18

regulations may make provision for or in relation to the 19

imposition of towing charges and storage charges, 20

including by — 21

(a) prohibiting the imposition of towing charges 22

and storage charges of prescribed kinds or in 23

prescribed circumstances; and 24

(b) providing for requirements that must be 25

complied with before towing charges and 26

storage charges of prescribed kinds may be 27

imposed. 28

105C. Liability for towing and storage charges 29

(1) This section applies if a motor vehicle has been towed 30

in compliance with the requirements of this Division. 31



s. 5

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(2) A relevant person for the vehicle is liable for the 1

payment of towing charges and storage charges 2

imposed in relation to the vehicle in compliance with 3

the requirements of this Division and the regulations. 4

(3) If a relevant person who pays an amount referred to in 5

subsection (2) was not driving or otherwise in charge 6

of the vehicle when the vehicle was parked before it 7

was towed, the person driving or otherwise in charge of 8

the vehicle is liable to that relevant person for the 9

amount paid by that relevant person. 10

(4) If a person (the debtor) does not pay an amount 11

required by this section, the person entitled to be paid 12

may recover the amount in a court of competent 13

jurisdiction as a debt due from the debtor. 14

Division 4 — Detention of motor vehicles 15

105D. Application of Division 16

This Division does not apply to the detention of a 17

motor vehicle — 18

(a) by immobilising it as described in 19

section 95(1); or 20

(b) after it has been towed. 21

105E. Motor vehicles not to be detained 22

(1) A person must not detain a parked motor vehicle by — 23

(a) failing to release the vehicle on demand to a 24

relevant person for the vehicle; or 25

(b) refusing to release the vehicle unless a relevant 26

person for the vehicle makes any payment for 27

or in relation to the release. 28




s. 5

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(2) Subsection (1) does not apply if the vehicle is 1

detained — 2

(a) by, or with the consent of, a relevant person for 3

the vehicle; or 4

(b) in the exercise of authorised enforcement 5

action; or 6

(c) in the exercise of a security power; or 7

(d) under and in accordance with a written law; or 8

(e) in the exercise of a right under a parking 9

agreement, where — 10

(i) the vehicle is parked in a parking 11

facility; and 12

(ii) the means of detention is the permanent 13

infrastructure controlling entry to, or 14

exit from, the parking facility; and 15

(iii) under the parking agreement, the 16

payment of a fee is a condition of the 17

vehicle being allowed to leave the 18

parking facility; 19

or 20

(f) in circumstances prescribed by the regulations. 21

Division 5 — Miscellaneous 22

105F. Abolition of distress damage feasant in relation to 23

motor vehicles 24

The common law remedy of distress damage feasant in 25

relation to trespass on land by a motor vehicle is 26

abolished to the extent that it is inconsistent with this 27

Part. 28



s. 5

page 21

105G. Part does not confer right to immobilise, tow or 1

detain motor vehicle 2

Nothing in this Part gives any person a right to 3

immobilise, tow or detain a motor vehicle if the person 4

does not have that right apart from this Part. 5

105H. Agreements for prohibited immobilisation, towing 6

and detention services 7

(1) In this section — 8

provide a prohibited service means to immobilise, tow 9

or detain a motor vehicle in contravention of this Part. 10

(2) An agreement, whether entered into before, on or after 11

commencement day, is of no legal effect to the extent 12

to which it authorises or permits, or purports to 13

authorise or permit, a person to provide a prohibited 14

service. 15

(3) A party to an agreement that is of no legal effect 16

wholly or partly because of subsection (2) — 17

(a) is not entitled to recover any money from any 18

person (including an owner or controller of the 19

premises to which the agreement relates or 20

purports to relate) for or in relation to 21

prohibited services provided, or that were to be 22

provided, under the agreement on or after 23

commencement day; and 24

(b) must repay to the person from whom it was 25

received any money received, whether before, 26

on or after commencement day, for prohibited 27

services provided, or that were to be provided, 28

under the agreement on or after commencement 29

day. 30



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(4) If a party does not repay money required by 1

subsection (3)(b) to be repaid, the person entitled to be 2

repaid may recover the money in a court of competent 3

jurisdiction as a debt due from the party. 4

5


Road Traffic (Administration) Act 2008 amended Part 3

s. 6

page 23

Part 3 — Road Traffic (Administration) Act 2008 1

amended 2

6. Act amended 3

This Part amends the Road Traffic (Administration) Act 2008. 4

7. Section 4 amended 5

In section 4 insert in alphabetical order: 6

7

RTA Part 6A compliance purposes has the meaning 8

given in section 28; 9

10


After section 11(5A)(da) insert: 12

13

(db) information obtained by the CEO under the 14

Road Traffic Act 1974 Part 6A; 15

16


After section 12(2)(e) insert: 18

19

(ea) information obtained by the CEO under the 20

Road Traffic Act 1974 Part 6A; 21

22


(1) In section 22: 24

(a) delete “The” and insert: 25

26

(1) The 27

28


Part 3 Road Traffic (Administration) Act 2008 amended

s. 11

page 24

(b) delete “law, other than the Road Traffic Act 1974,” and 1

insert: 2

3

law 4

5

(2) At the end of section 22 insert: 6

7

(2) A reference in subsection (1) to a provision of a road 8

law does not include a provision of the Road Traffic 9

Act 1974, other than a provision in Part 6A of that Act 10

or a regulation made for the purposes of Part 6A of that 11

Act. 12

13


In section 26(3) after “purposes” insert: 15

16

or RTA Part 6A compliance purposes 17

18


In section 28 insert in alphabetical order: 20

21

RTA Part 6A compliance purposes means either or 22

both of the following purposes — 23

(a) to find out whether any of the following 24

provisions is being complied with — 25

(i) a provision in the Road Traffic Act 1974 26

Part 6A; 27

(ii) any regulation made under or for the 28

purposes of a provision mentioned in 29

subparagraph (i); 30



s. 13

page 25

(b) to investigate a breach or suspected breach of a 1

provision mentioned in paragraph (a); 2

RTA Part 6A documentation means any 3

documentation, whether in paper, electronic or any 4

other form, that is directly or indirectly associated with 5

the immobilisation, towing or detention of motor 6

vehicles; 7

RTA Part 6A offence means an offence under any of 8

the following provisions — 9

(a) a provision in the Road Traffic Act 1974 10

Part 6A; 11

(b) any regulation made under or for the purposes 12

of a provision mentioned in paragraph (a); 13

(c) section 44 in relation to a direction under 14

section 39, 40 or 42 if the direction was for the 15

purpose of, or in connection with, exercising a 16

power in relation to a breach or suspected 17

breach of a provision mentioned in 18

paragraph (a) or (b); 19

(d) section 61C(4); 20

(e) section 61D(2) or (3); 21

(f) section 61E(3); 22

(g) section 71(5A) or (7A); 23

24


In section 38 in the definition of vehicle paragraph (d) delete 26

“5.” and insert: 27

28

5 or 6A. 29

30



s. 14

page 26

14. Part 4 Divisions 6A and 6B inserted 1

After section 61 insert: 2

3

Division 6A — Powers of inspection and search for 4

RTA Part 6A compliance purposes 5

61A. Inspection of premises 6


premises means — 8

(a) premises at or from which a person carries on 9

business relating to or involving the 10

immobilisation, towing or detention of motor 11

vehicles; or 12

(b) premises that are occupied by a person in 13

connection with a business relating to or 14

involving the immobilisation, towing or 15

detention of motor vehicles; or 16

(c) premises that are a registered office of a person 17

in connection with a business relating to or 18

involving the immobilisation, towing or 19

detention of motor vehicles; or 20

(d) premises where records required to be kept 21

under the Road Traffic Act 1974 Part 6A 22

(including any regulation made, or requirement 23

imposed, under or for the purposes of that Part) 24

are located or where any such records are 25

required to be located; or 26

(e) a storage yard, as defined in the Road Traffic 27

Act 1974 section 91. 28

(2) A police officer may inspect premises for RTA Part 6A 29

compliance purposes. 30



s. 14

page 27

(3) The power to inspect premises under this section 1

includes — 2

(a) the power to inspect and take copies of or 3

extracts from any records located at the 4

premises (including in any vehicle located at 5

the premises) and required to be kept under the 6

Road Traffic Act 1974 Part 6A (including any 7

regulation made, or requirement imposed, 8

under or for the purposes of that Part); and 9

(b) the power to use photocopying equipment on 10

the premises free of charge for the purpose of 11

copying any records or other material. 12

(4) Section 54(3), (4), (5), (6), (7) and (9) apply to an 13

inspection of premises or exercise of powers under this 14

section as if it were an inspection of premises or 15

exercise of powers under section 54. 16

61B. Search of premises 17


premises has the meaning given to that term in 19

section 61A(1) and includes premises where the officer 20

concerned reasonably believes that any RTA Part 6A 21

documentation is located. 22

(2) A police officer may search premises for RTA Part 6A 23

compliance purposes. 24

(3) A police officer may, for RTA Part 6A compliance 25

purposes, search, or enter and search, any vehicle at 26

premises being searched under this section. 27

(4) The power to search premises under this section 28

includes — 29

(a) the power to search for and inspect any records, 30

devices or other things that are located at the 31

premises (including in any vehicle located at 32



s. 14

page 28

the premises) that the officer reasonably 1

believes are or contain RTA Part 6A 2

documentation or are relevant to RTA Part 6A 3

compliance purposes; and 4

(b) the power to take copies of or extracts from any 5

of the following — 6

(i) any RTA Part 6A documentation 7

located at the premises; 8

(ii) any other records, or any readout or 9

other data obtained from any device or 10

thing, located at the premises that the 11

officer reasonably believes provide, or 12

may on further inspection provide, 13

evidence of an RTA Part 6A offence; 14

and 15

(c) the power to use photocopying equipment on 16

the premises free of charge for the purpose of 17

copying any records or other material. 18

(5) During a search of premises under this section a police 19

officer may seize and remove any records, devices or 20

other things from the premises that the officer 21

reasonably believes provide, or may on further 22

inspection provide, evidence of an RTA Part 6A 23

offence. 24

(6) Section 55(3), (5), (6), (7), (9) and (11) apply to a 25

search of premises or exercise of powers under this 26

section as if it were a search of premises or exercise of 27

powers under section 55. 28



s. 14

page 29

Division 6B — Other directions in relation to RTA 1

Part 6A compliance purposes 2

61C. Direction to produce records, devices or other 3

things 4


purposes, direct a person to produce any of the 6

following — 7

(a) a record required to be kept under the Road 8

Traffic Act 1974 Part 6A (including any 9

regulation made, or requirement imposed, 10

under or for the purposes of that Part); 11

(b) a record comprising RTA Part 6A 12

documentation in the person’s possession or 13

under the person’s control; 14

(c) a device or other thing that contains or may 15

contain a record referred to in paragraph (a) or 16

(b), in the person’s possession or under the 17

person’s control. 18

(2) A direction under subsection (1) must — 19

(a) specify — 20

(i) the record, device or other thing to be 21

produced; or 22

(ii) the classes of record, device or other 23

thing to be produced; 24

and 25

(b) state where and to whom the record, device or 26

other thing is to be produced. 27

(3) A police officer may do any or all of the following — 28

(a) inspect a record, device or other thing that is 29

produced; 30



s. 14

page 30

(b) make copies of, or take extracts from, a record, 1

device or other thing that is produced; 2

(c) seize and remove a record, device or other thing 3

that is produced that the officer reasonably 4

believes may on further inspection provide 5

evidence of an RTA Part 6A offence. 6

(4) A person to whom a direction is given under 7

subsection (1) must not, without reasonable excuse, fail 8

to comply with the direction. 9


(5) In subsection (4) — 11

reasonable excuse does not include the excuse that the 12

production of a record, device or other thing that 13

contains or may contain a record might tend to 14

incriminate the person or make the person liable to a 15

penalty. 16

(6) Despite subsection (5), a record, device or other thing 17

produced by a person in compliance with a direction 18

under subsection (1) is not admissible in evidence in 19

any proceedings against the person. 20

61D. Direction to provide information 21


purposes, direct a person to provide information to the 23

officer in relation to any matter related to the RTA 24

Part 6A compliance purposes. 25






subsection (1) must not provide information that is 31



s. 14

page 31

false or misleading in a material particular in purported 1

compliance with the direction. 2



reasonable excuse — 5

(a) includes that the person did not know and could 6

not have been reasonably expected to know or 7

ascertain the required information; but 8

(b) does not include the excuse that the required 9

information might tend to incriminate the 10

person or make the person liable to a penalty. 11

(5) Despite subsection (4), information provided by a 12

person in compliance with a direction under 13

subsection (1) is not admissible in evidence in any 14

proceedings against the person other than a prosecution 15

for an offence under subsection (3). 16

61E. Direction to provide reasonable assistance for 17

powers of inspection and search 18

(1) A police officer may direct a person to provide 19

assistance to the officer to enable the officer to 20

effectively exercise a power under section 61A or 61B. 21

(2) A direction under subsection (1) — 22

(a) can be given in relation to a power under 23

section 61A or 61B only while the power can 24

lawfully be exercised; and 25

(b) ceases to have effect when that power is no 26

longer exercisable. 27







s. 15

page 32


reasonable excuse — 2

(a) includes — 3

(i) that the direction was unreasonable; or 4

(ii) that the direction or its subject matter 5

was outside the scope of the business or 6

other activities of the person; 7

but 8

(b) does not include the excuse that the assistance 9

may result in information being provided that 10

might tend to incriminate the person or make 11

the person liable to a penalty. 12

(5) Despite subsection (4), information that resulted from 13

the assistance provided by a person in compliance with 14

a direction under subsection (1) is not admissible in 15

evidence in any proceedings against the person. 16

61F. Directions under this Division 17

Sections 60 and 61 apply to a direction under this 18

Division as if the direction were a direction under 19

Division 6. 20

21

15. Part 4 Division 7 heading amended 22

In the heading to Part 4 Division 7 after “purposes” insert: 23

24


26



s. 16

page 33


In section 63(3): 2

(a) in paragraph (c) after “purposes” insert: 3

4


6

(b) in paragraph (d) delete “28,” and insert: 7

8

28 or in paragraph (a) of the definition of RTA Part 6A 9

compliance purposes in section 28, 10

11



14


16


In section 67(1) and (2) after “5” insert: 18

19

or 6A 20

21


In section 68(1) after “5” insert: 23

24

or 6A 25

26



s. 20

page 34


In section 69(1)(c) delete “offence.” and insert: 2

3

offence or an RTA Part 6A offence. 4

5



8


10


In section 70(2) delete “5” and insert: 12

13

5, 6, 6A or 6B 14

15


(1) In section 71(1)(a) delete “5; and” and insert: 17

18

5, 6, 6A or 6B; and 19

20

(2) In section 71(3)(c) delete “(7).” and insert: 21

22

(7) or subsections (5A) and (7A), whichever are applicable. 23

24



s. 23

page 35

(3) In section 71(5) delete “A person commits an offence if the 1

person knows that an embargo notice relates to a” and insert: 2

3

If an embargo notice (an MDLR embargo notice) is issued in 4

relation to a record, device or other thing that a police officer is 5

authorised to seize under Division 5 or 6, a person commits an 6

offence if the person knows that the embargo notice relates to 7

the 8

9

(4) In section 71(5) in the Penalty delete “Penalty:” and insert: 10

11

Penalty for this subsection: 12

13

(5) After section 71(5) insert: 14

15

(5A) If an embargo notice (an RTA Part 6A embargo 16

notice) is issued in relation to a record, device or other 17

thing that a police officer is authorised to seize under 18

Division 6A or 6B, a person commits an offence if the 19

person knows that the embargo notice relates to the 20

record, device or other thing and the person — 21

(a) does anything that is prohibited by the notice; 22

or 23

(b) instructs another person to do anything that is 24

prohibited by the notice; or 25

(c) instructs another person to do anything that the 26

notice prohibits the first-mentioned person from 27

doing. 28


30



s. 24

page 36

(6) In section 71(6) after “(5)” insert: 1

2

or (5A) 3

4

(7) In section 71(7)(a) before “embargo notice” insert: 5

6

MDLR 7

8

(8) In section 71(7) in the Penalty delete “Penalty:” and insert: 9

10

Penalty for this subsection: 11

12

(9) After section 71(7) insert: 13

14

(7A) A person commits an offence if — 15

(a) an RTA Part 6A embargo notice has been 16

served on the person; and 17

(b) the person fails to take reasonable steps to 18

prevent any other person from doing anything 19

forbidden by the notice. 20



In section 74(2)(d), (3)(c) and (5)(c) delete “(c),” and insert: 23

24

(c) (including under any of those sections as applied by 25

section 61A(4) or 61B(6)), 26

27



s. 25

page 37


In section 78 delete “5 or 6” and insert: 2

3

5, 6, 6A or 6B 4

5


(1) In section 105(1) delete “1974” and insert: 7

8

1974, other than an offence under Part 6A of that Act or a 9

regulation made for the purposes of Part 6A of that Act, 10

11

(2) In section 105(2) delete “law other than the Road Traffic 12

Act 1974” and insert: 13

14

law, other than an offence to which subsection (1) applies, 15

16


(1) In section 133(1)(g) delete “things.” and insert: 18

19

things; or 20

21

(2) After section 133(1)(g) insert: 22

23

(h) of the CEO to grant, or refuse to grant, an 24

approval under the Road Traffic Act 1974 25

section 104(3). 26

27

28

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