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This is a Bill, not an Act. For current law, see the Acts databases.
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
194--1 page i
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Contents
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
page ii
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Contents
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 iii
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:
page 1
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Road Traffic Amendment (Immobilisation, Towing
4 and Detention of Vehicles) Act 2020.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation.
page 2
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Road Traffic Act 1974 amended Part 2
s. 3
1 Part 2 -- Road Traffic Act 1974 amended
2 3. Act amended
3 This Part amends the Road Traffic Act 1974.
4 4. Part VI heading replaced
5 Delete the heading to Part VI and insert:
6
7 Part 6 -- Unlawful interference with motor
8 vehicles
9
10 5. Part 6A inserted
11 After section 90 insert:
12
13 Part 6A -- Immobilisation, towing and
14 detention of motor vehicles
15 Division 1 -- Preliminary
16 91. Terms used
17 In this Part --
18 authorised enforcement action has the meaning given
19 in section 93;
20 business day means a day that is not a Saturday,
21 Sunday or public holiday;
22 commencement day means the day on which the Road
23 Traffic Amendment (Immobilisation, Towing and
24 Detention of Vehicles) Act 2020 section 5 comes into
25 operation;
26 consent has the meaning given in section 92;
page 3
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Part 2 Road Traffic Act 1974 amended
s. 5
1 controller, in relation to premises, means a person who
2 is in occupation or control of the premises, or is
3 entitled to be in occupation or control of the premises,
4 whether or not the person owns the premises;
5 load, in relation to a motor vehicle and a tow truck,
6 means to lift or otherwise move the motor vehicle onto
7 the tow truck, or to secure the motor vehicle to the tow
8 truck, or both, so that the motor vehicle is ready to be
9 removed by the tow truck;
10 on-site release charge has the meaning given in
11 section 100(2);
12 parked, in relation to a motor vehicle, means parked,
13 stood or left at premises;
14 parking agreement --
15 (a) means an agreement, however formed, for the
16 terms and conditions on which a motor vehicle
17 may be parked at premises; but
18 (b) does not include an agreement that deals with
19 parking only as a matter that is ancillary or
20 incidental to the main purpose of the
21 agreement;
22 parking facility means a facility for the parking of
23 motor vehicles where entry to, or exit from, the facility
24 is controlled by permanent infrastructure;
25 public entity means --
26 (a) an agency or organisation, as those terms are
27 defined in the Public Sector Management
28 Act 1994 section 3(1); or
29 (b) a body (whether incorporated or not), or the
30 holder of an office, that is established or
31 continued for a public purpose under a written
32 law; or
33 (c) a local government, regional local government
34 or regional subsidiary; or
page 4
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Road Traffic Act 1974 amended Part 2
s. 5
1 (d) a person employed in, authorised by or engaged
2 for the purposes of, a person or body referred to
3 in paragraphs (a) to (c); or
4 (e) a person or body, or a person or body in a class
5 of persons or bodies, prescribed by the
6 regulations;
7 relevant person, for a motor vehicle, means each of the
8 following --
9 (a) a person who is entitled to the immediate
10 possession of the vehicle;
11 (b) the driver of the vehicle or, in relation to a
12 vehicle that is parked or was parked before it
13 was towed, loaded or partially loaded onto a
14 tow truck, the person who was driving or
15 otherwise in charge of the vehicle when it was
16 parked;
17 security interest, in a motor vehicle --
18 (a) means a security interest (as defined in the
19 Personal Property Securities Act 2009
20 (Commonwealth) section 12) in the vehicle;
21 and
22 (b) includes a possessory lien or pledge over the
23 vehicle; and
24 (c) despite paragraphs (a) and (b), does not include
25 anything referred to in those paragraphs that
26 arises only under a parking agreement or only
27 in connection with a motor vehicle being
28 parked at premises;
29 security power, in relation to a motor vehicle, means a
30 power over the vehicle that a person is entitled to
31 exercise as the holder of a security interest in the
32 vehicle;
page 5
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Part 2 Road Traffic Act 1974 amended
s. 5
1 storage charges means any charges imposed on a
2 relevant person for a motor vehicle for or in relation to
3 any of the following --
4 (a) the storage, release or viewing of the vehicle
5 after it has been towed;
6 (b) access to the vehicle after it has been towed;
7 (c) access to personal property that is or was in the
8 vehicle after it has been towed;
9 storage yard means premises used for storing motor
10 vehicles that have been towed;
11 tow includes to --
12 (a) carry; and
13 (b) lift and tow; and
14 (c) lift and carry; and
15 (d) lift for the purpose of towing;
16 towing arrangement has the meaning given in
17 section 94;
18 towing charges means any charges, other than storage
19 charges, imposed on a relevant person for a motor
20 vehicle for or in relation to towing the vehicle
21 including, without limitation, charges for any of the
22 following --
23 (a) anything done in preparation for towing the
24 vehicle, including travelling to premises and
25 taking steps to find a relevant person for the
26 vehicle;
27 (b) loading the vehicle onto a tow truck;
28 (c) towing the vehicle;
29 towing service provider has the meaning given in
30 section 94;
31 tow truck means a motor vehicle used or intended to be
32 used to tow another motor vehicle;
page 6
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Road Traffic Act 1974 amended Part 2
s. 5
1 tow truck driver means a person who drives a tow
2 truck for the purpose of towing motor vehicles.
3 92. Term used: consent
4 (1) A motor vehicle is immobilised, towed or detained
5 with the consent of a relevant person for the vehicle if,
6 prior to the immobilisation, towing or detention
7 occurring --
8 (a) a relevant person or a person who appears to be
9 a relevant person gives express consent to the
10 immobilisation, towing or detention; or
11 (b) a relevant person or a person who appears to be
12 a relevant person enters into an agreement
13 (other than a parking agreement) under which
14 the immobilisation, towing or detention is
15 expressly or impliedly authorised.
16 (2) For the purposes of subsection (1)(a), the express
17 consent of the relevant person or the person who
18 appears to be a relevant person must --
19 (a) be given by express words; and
20 (b) relate to the particular occurrence of
21 immobilisation, towing or detention, rather than
22 being a general consent to immobilisation,
23 towing or detention or to immobilisation,
24 towing or detention in specified circumstances.
25 93. Term used: authorised enforcement action
26 A motor vehicle is immobilised, towed or detained in
27 the exercise of authorised enforcement action if the
28 immobilisation, towing or detention is done --
29 (a) by a police officer exercising a function of the
30 officer or by a person assisting a police officer
31 in the exercise of a function of the officer; or
page 7
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Part 2 Road Traffic Act 1974 amended
s. 5
1 (b) under and in accordance with an enforcement
2 warrant issued under the Fines, Penalties and
3 Infringement Notices Enforcement Act 1994; or
4 (c) under and in accordance with an order or
5 warrant issued by a court; or
6 (d) under and in accordance with an Act, or
7 subsidiary legislation, of the Commonwealth.
8 94. Term used: towing arrangement
9 (1) A towing arrangement is an agreement between a
10 controller of premises and another person (the towing
11 service provider) --
12 (a) by which the controller requests or permits the
13 towing of 1 or more motor vehicles parked at
14 the premises by the towing service provider or
15 a tow truck driver authorised by the towing
16 service provider; and
17 (b) that --
18 (i) meets the requirements of
19 subsection (2); or
20 (ii) is approved, or in a class of agreements
21 approved, under subsection (3).
22 (2) For the purposes of subsection (1)(b)(i), the agreement
23 must --
24 (a) be in the form approved by the CEO; and
25 (b) be signed by or on behalf of the controller; and
26 (c) provide for a call-out charge to be paid by the
27 controller in the event that a tow truck driver is
28 called to the premises to tow a vehicle but the
29 vehicle is not towed and no on-site release
30 charge is paid.
page 8
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Road Traffic Act 1974 amended Part 2
s. 5
1 (3) The CEO may, in writing, approve for the purposes of
2 subsection (1)(b)(ii) an agreement, or a class of
3 agreements, made before commencement day in
4 relation to towing.
5 (4) A towing arrangement may relate to 1 or more
6 specified vehicles or may be a general arrangement
7 requesting or permitting the towing of vehicles parked
8 at the premises in circumstances set out in the
9 arrangement.
10 Division 2 -- Immobilisation of motor vehicles
11 95. Motor vehicles not to be immobilised
12 (1) A person must not immobilise a parked motor vehicle
13 by attaching to, or placing near, the vehicle --
14 (a) a wheel clamp; or
15 (b) another device that effectively immobilises the
16 vehicle, including by making it unsafe or
17 impracticable for a person to drive the vehicle.
18 Penalty for this subsection: a fine of 100 PU.
19 (2) Subsection (1) does not apply if the vehicle is
20 immobilised --
21 (a) by, or with the consent of, a relevant person for
22 the vehicle; or
23 (b) in the exercise of authorised enforcement
24 action; or
25 (c) in the exercise of a security power; or
26 (d) by a public entity in the exercise of a function
27 under and in accordance with a written law.
page 9
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Part 2 Road Traffic Act 1974 amended
s. 5
1 Division 3 -- Towing of motor vehicles
2 Subdivision 1 -- Towing regulated by this Division
3 96. Application of Division
4 (1) This Division applies in relation to --
5 (a) the towing of a parked motor vehicle if the
6 towing is at the request of, or otherwise
7 permitted by, a controller of the premises at
8 which the vehicle is parked; and
9 (b) anything done in preparation for towing of the
10 kind referred to in paragraph (a); and
11 (c) the storage and release of a motor vehicle
12 towed or to be towed as referred to in
13 paragraph (a); and
14 (d) charges for or in relation to anything referred to
15 in paragraph (a), (b) or (c).
16 (2) This Division does not apply in relation to --
17 (a) the towing of a motor vehicle --
18 (i) away from the site of an accident or
19 breakdown on a road; or
20 (ii) by, or with the consent of, a relevant
21 person for the vehicle; or
22 (iii) in the exercise of authorised
23 enforcement action; or
24 (iv) in the exercise of a security power; or
25 (v) under and in accordance with a written
26 law; or
27 (vi) in circumstances prescribed by the
28 regulations;
29 or
page 10
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Road Traffic Act 1974 amended Part 2
s. 5
1 (b) anything done in preparation for towing of the
2 kind referred to in paragraph (a); or
3 (c) the storage and release of a motor vehicle
4 towed or to be towed as referred to in
5 paragraph (a); or
6 (d) charges for or in relation to anything referred to
7 in paragraph (a), (b) or (c).
8 (3) Subsection (1) is subject to subsection (2).
9 Subdivision 2 -- Towing
10 97. Towing parked motor vehicles prohibited unless
11 requirements satisfied
12 (1) A tow truck driver must not tow a parked motor
13 vehicle from the premises at which it is parked (the
14 relevant premises) unless --
15 (a) there is a towing arrangement in effect
16 requesting or permitting the tow truck driver to
17 tow the vehicle; and
18 (b) the tow truck driver has notified the CEO, in a
19 manner and form approved by the CEO --
20 (i) that the vehicle is to be towed; and
21 (ii) of the details prescribed by the
22 regulations in relation to the vehicle;
23 and
24 (c) the tow truck driver has recorded the details
25 prescribed by the regulations in relation to the
26 vehicle in accordance with the requirements of
27 the regulations; and
28 (d) if the regulations require a sign to be displayed
29 at the relevant premises -- a sign complying
30 with the requirements of the regulations was
31 displayed at the relevant premises when the
32 vehicle was parked; and
page 11
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Part 2 Road Traffic Act 1974 amended
s. 5
1 (e) the vehicle has been parked at the relevant
2 premises for a period that is no shorter than the
3 waiting period prescribed by the regulations;
4 and
5 (f) either --
6 (i) the tow truck driver cannot, after taking
7 reasonable steps, find a relevant person
8 for the vehicle; or
9 (ii) if a relevant person for the vehicle is
10 found -- the relevant person cannot or
11 will not remove the vehicle from the
12 relevant premises, or the tow truck
13 driver reasonably believes that the
14 relevant person cannot or will not
15 remove the vehicle from the relevant
16 premises, within a reasonable time.
17 Penalty for this subsection: a fine of 100 PU.
18 (2) Despite subsection (1), if the vehicle is parked in a
19 position where it is causing a hazard or unreasonable
20 obstruction, the requirements in subsection (1)(d), (e)
21 and (f) do not apply.
22 (3) Subsection (1)(f)(i) is taken to be satisfied if the tow
23 truck driver reasonably believes that a controller of the
24 relevant premises has taken reasonable steps to find a
25 relevant person for the vehicle and cannot find a
26 relevant person.
27 (4) A controller of premises must not give any information
28 to a tow truck driver in relation to a matter referred to
29 in subsection (1) that the controller knows is false or
30 misleading in a material particular.
31 Penalty for this subsection: a fine of 100 PU.
page 12
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Road Traffic Act 1974 amended Part 2
s. 5
1 98. Regulations relating to towing requirements
2 (1) Regulations may make provision for or in relation to
3 the following --
4 (a) the disclosure or publication of information
5 obtained by the CEO under section 97(1)(b);
6 (b) requirements to retain and produce records
7 made in accordance with section 97(1)(c).
8 (2) Regulations made for the purposes of section 97(1)(d)
9 may provide --
10 (a) that motor vehicles must not be towed from
11 premises of a prescribed kind unless a sign is
12 displayed; and
13 (b) for requirements that apply to signs referred to
14 in paragraph (a).
15 (3) Regulations made for the purposes of section 97(1)(e)
16 may prescribe different waiting periods that apply to
17 motor vehicles parked in different circumstances,
18 including by reference to any sign displayed at the
19 relevant premises.
20 (4) For the purposes of section 97(1)(f), regulations may
21 prescribe the steps that a person must take in order to
22 have taken reasonable steps to find a relevant person
23 for a motor vehicle and may prescribe different steps
24 that must be taken in different circumstances.
25 99. Release of motor vehicle that is being loaded onto
26 tow truck
27 (1) This section applies if --
28 (a) the process of loading a motor vehicle that was
29 parked at premises onto a tow truck has begun
30 but has not been completed; and
page 13
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Part 2 Road Traffic Act 1974 amended
s. 5
1 (b) a relevant person for the vehicle agrees to
2 remove the vehicle from the premises within a
3 reasonable time.
4 (2) The tow truck driver for the tow truck must
5 immediately release the vehicle to the relevant person
6 without charge.
7 Penalty for this subsection: a fine of 100 PU.
8 100. Release of motor vehicle that has been loaded onto
9 tow truck
10 (1) This section applies if --
11 (a) a motor vehicle that was parked at premises
12 (the relevant premises) --
13 (i) has been loaded onto a tow truck; but
14 (ii) has not been removed from the relevant
15 premises;
16 and
17 (b) a relevant person for the vehicle is present.
18 (2) The tow truck driver for the tow truck must inform the
19 relevant person, before removing the vehicle, that if the
20 relevant person pays an amount (the on-site release
21 charge) stated by the tow truck driver, the vehicle will
22 be immediately released.
23 Penalty for this subsection: a fine of 100 PU.
24 (3) If, on being informed under subsection (2), the relevant
25 person pays the tow truck driver the on-site release
26 charge, the tow truck driver must immediately release
27 the vehicle to the relevant person.
28 Penalty for this subsection: a fine of 100 PU.
page 14
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Road Traffic Act 1974 amended Part 2
s. 5
1 (4) The tow truck driver must not state an amount for an
2 on-site release charge that exceeds the amount
3 determined in accordance with the regulations.
4 Penalty for this subsection: a fine of 100 PU.
5 (5) If a motor vehicle is released under subsection (3), a
6 person must not impose any further towing charges in
7 relation to the vehicle.
8 Penalty for this subsection: a fine of 100 PU.
9 101. Motor vehicle must be towed by most direct route to
10 approved storage yard
11 A tow truck driver who tows a motor vehicle must tow
12 the vehicle by the most direct route, and without taking
13 longer than is reasonably necessary, to the nearest
14 suitable storage yard approved for the tow truck driver
15 under section 104(3).
16 Penalty: a fine of 40 PU.
17 102. Copy of towing arrangement must be given
18 (1) If a motor vehicle has been towed using a tow truck, or
19 loaded or partially loaded onto a tow truck, a relevant
20 person for the vehicle, or a police officer, may request
21 a copy of the towing arrangement in relation to the
22 towing from any or all of the following --
23 (a) the tow truck driver;
24 (b) if the tow truck driver is not the towing service
25 provider who is party to the towing
26 arrangement -- that towing service provider;
27 (c) if the vehicle is or was stored in a storage yard
28 after being towed -- the person in charge of the
29 storage yard.
page 15
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Part 2 Road Traffic Act 1974 amended
s. 5
1 (2) A person to whom a request is made under
2 subsection (1) must, as soon as is practicable but in any
3 event within 5 business days after the day on which the
4 request is made, give the relevant person or police
5 officer a copy of the towing arrangement.
6 Penalty for this subsection: a fine of 100 PU.
7 (3) A request under subsection (1) may be made whether
8 or not the vehicle has been released.
9 (4) A towing service provider must, for each towing
10 arrangement to which the towing service provider is a
11 party, ensure that the following persons are given, or
12 have access to, the towing arrangement --
13 (a) each tow truck driver requested or permitted to
14 tow motor vehicles under the towing
15 arrangement;
16 (b) the person in charge of each storage yard that is
17 approved under section 104(3) for a tow truck
18 driver referred to in paragraph (a).
19 Penalty for this subsection: a fine of 40 PU.
20 (5) Regulations may make provision for or in relation to
21 the disclosure or publication of towing arrangements or
22 the information contained in towing arrangements.
23 103. Release from storage
24 (1) This section applies if a motor vehicle that has been
25 towed is stored in a storage yard.
26 (2) If a relevant person for the vehicle asks the person in
27 charge of the storage yard to release the vehicle, the
28 person in charge must release the vehicle as soon as is
29 practicable but in any event no later than 4 hours after
30 the request is made.
31 Penalty for this subsection: a fine of 100 PU.
page 16
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Road Traffic Act 1974 amended Part 2
s. 5
1 (3) For the purposes of determining when the 4-hour
2 period referred to in subsection (2) expires, only time
3 between 9 am and 5 pm on a business day is to be
4 counted.
5 (4) Regulations may prescribe the steps that must be taken
6 to release the vehicle for the purposes of
7 subsection (2).
8 104. Approval of storage yards
9 (1) A person may apply to the CEO for approval of 1 or
10 more storage yards to be used to store vehicles towed
11 by a tow truck driver or class of tow truck drivers.
12 (2) The application must --
13 (a) be in the form approved by the CEO; and
14 (b) be accompanied by the fee (if any) prescribed
15 by the regulations; and
16 (c) comply with any other requirements prescribed
17 by the regulations.
18 (3) The CEO may, by written notice, grant or refuse to
19 grant the approval.
20 (4) Regulations may prescribe matters that the CEO must
21 consider when granting or refusing to grant an approval
22 under subsection (3).
23 Subdivision 3 -- Charges for towing and storage
24 105. Towing charges
25 (1) A person commits an offence if the total amount of
26 towing charges imposed by the person for or in relation
27 to the towing of a motor vehicle exceeds the amount
28 (the maximum towing charges amount) determined in
29 accordance with the regulations.
30 Penalty for this subsection: a fine of 40 PU.
page 17
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Part 2 Road Traffic Act 1974 amended
s. 5
1 (2) Regulations made for the purposes of subsection (1)
2 may provide for different maximum towing charges
3 amounts that apply in different circumstances,
4 including by reference to the amount of work
5 undertaken or distance travelled.
6 105A. Storage charges
7 (1) A person commits an offence if the total amount of
8 storage charges imposed by the person in relation to a
9 motor vehicle that has been towed exceeds the amount
10 (the maximum storage charges amount) determined in
11 accordance with the regulations.
12 Penalty for this subsection: a fine of 40 PU.
13 (2) Regulations made for the purposes of subsection (1)
14 may provide for different maximum storage charges
15 amounts that apply in different circumstances.
16 105B. Regulations may prohibit or restrict towing and
17 storage charges
18 Without limiting sections 105 and 105A, the
19 regulations may make provision for or in relation to the
20 imposition of towing charges and storage charges,
21 including by --
22 (a) prohibiting the imposition of towing charges
23 and storage charges of prescribed kinds or in
24 prescribed circumstances; and
25 (b) providing for requirements that must be
26 complied with before towing charges and
27 storage charges of prescribed kinds may be
28 imposed.
29 105C. Liability for towing and storage charges
30 (1) This section applies if a motor vehicle has been towed
31 in compliance with the requirements of this Division.
page 18
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Road Traffic Act 1974 amended Part 2
s. 5
1 (2) A relevant person for the vehicle is liable for the
2 payment of towing charges and storage charges
3 imposed in relation to the vehicle in compliance with
4 the requirements of this Division and the regulations.
5 (3) If a relevant person who pays an amount referred to in
6 subsection (2) was not driving or otherwise in charge
7 of the vehicle when the vehicle was parked before it
8 was towed, the person driving or otherwise in charge of
9 the vehicle is liable to that relevant person for the
10 amount paid by that relevant person.
11 (4) If a person (the debtor) does not pay an amount
12 required by this section, the person entitled to be paid
13 may recover the amount in a court of competent
14 jurisdiction as a debt due from the debtor.
15 Division 4 -- Detention of motor vehicles
16 105D. Application of Division
17 This Division does not apply to the detention of a
18 motor vehicle --
19 (a) by immobilising it as described in
20 section 95(1); or
21 (b) after it has been towed.
22 105E. Motor vehicles not to be detained
23 (1) A person must not detain a parked motor vehicle by --
24 (a) failing to release the vehicle on demand to a
25 relevant person for the vehicle; or
26 (b) refusing to release the vehicle unless a relevant
27 person for the vehicle makes any payment for
28 or in relation to the release.
29 Penalty for this subsection: a fine of 100 PU.
page 19
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Part 2 Road Traffic Act 1974 amended
s. 5
1 (2) Subsection (1) does not apply if the vehicle is
2 detained --
3 (a) by, or with the consent of, a relevant person for
4 the vehicle; or
5 (b) in the exercise of authorised enforcement
6 action; or
7 (c) in the exercise of a security power; or
8 (d) under and in accordance with a written law; or
9 (e) in the exercise of a right under a parking
10 agreement, where --
11 (i) the vehicle is parked in a parking
12 facility; and
13 (ii) the means of detention is the permanent
14 infrastructure controlling entry to, or
15 exit from, the parking facility; and
16 (iii) under the parking agreement, the
17 payment of a fee is a condition of the
18 vehicle being allowed to leave the
19 parking facility;
20 or
21 (f) in circumstances prescribed by the regulations.
22 Division 5 -- Miscellaneous
23 105F. Abolition of distress damage feasant in relation to
24 motor vehicles
25 The common law remedy of distress damage feasant in
26 relation to trespass on land by a motor vehicle is
27 abolished to the extent that it is inconsistent with this
28 Part.
page 20
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Road Traffic Act 1974 amended Part 2
s. 5
1 105G. Part does not confer right to immobilise, tow or
2 detain motor vehicle
3 Nothing in this Part gives any person a right to
4 immobilise, tow or detain a motor vehicle if the person
5 does not have that right apart from this Part.
6 105H. Agreements for prohibited immobilisation, towing
7 and detention services
8 (1) In this section --
9 provide a prohibited service means to immobilise, tow
10 or detain a motor vehicle in contravention of this Part.
11 (2) An agreement, whether entered into before, on or after
12 commencement day, is of no legal effect to the extent
13 to which it authorises or permits, or purports to
14 authorise or permit, a person to provide a prohibited
15 service.
16 (3) A party to an agreement that is of no legal effect
17 wholly or partly because of subsection (2) --
18 (a) is not entitled to recover any money from any
19 person (including an owner or controller of the
20 premises to which the agreement relates or
21 purports to relate) for or in relation to
22 prohibited services provided, or that were to be
23 provided, under the agreement on or after
24 commencement day; and
25 (b) must repay to the person from whom it was
26 received any money received, whether before,
27 on or after commencement day, for prohibited
28 services provided, or that were to be provided,
29 under the agreement on or after commencement
30 day.
page 21
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Part 2 Road Traffic Act 1974 amended
s. 5
1 (4) If a party does not repay money required by
2 subsection (3)(b) to be repaid, the person entitled to be
3 repaid may recover the money in a court of competent
4 jurisdiction as a debt due from the party.
5
page 22
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Road Traffic (Administration) Act 2008 amended Part 3
s. 6
1 Part 3 -- Road Traffic (Administration) Act 2008
2 amended
3 6. Act amended
4 This Part amends the Road Traffic (Administration) Act 2008.
5 7. Section 4 amended
6 In section 4 insert in alphabetical order:
7
8 RTA Part 6A compliance purposes has the meaning
9 given in section 28;
10
11 8. Section 11 amended
12 After section 11(5A)(da) insert:
13
14 (db) information obtained by the CEO under the
15 Road Traffic Act 1974 Part 6A;
16
17 9. Section 12 amended
18 After section 12(2)(e) insert:
19
20 (ea) information obtained by the CEO under the
21 Road Traffic Act 1974 Part 6A;
22
23 10. Section 22 amended
24 (1) In section 22:
25 (a) delete "The" and insert:
26
27 (1) The
28
page 23
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Part 3 Road Traffic (Administration) Act 2008 amended
s. 11
1 (b) delete "law, other than the Road Traffic Act 1974," and
2 insert:
3
4 law
5
6 (2) At the end of section 22 insert:
7
8 (2) A reference in subsection (1) to a provision of a road
9 law does not include a provision of the Road Traffic
10 Act 1974, other than a provision in Part 6A of that Act
11 or a regulation made for the purposes of Part 6A of that
12 Act.
13
14 11. Section 26 amended
15 In section 26(3) after "purposes" insert:
16
17 or RTA Part 6A compliance purposes
18
19 12. Section 28 amended
20 In section 28 insert in alphabetical order:
21
22 RTA Part 6A compliance purposes means either or
23 both of the following purposes --
24 (a) to find out whether any of the following
25 provisions is being complied with --
26 (i) a provision in the Road Traffic Act 1974
27 Part 6A;
28 (ii) any regulation made under or for the
29 purposes of a provision mentioned in
30 subparagraph (i);
page 24
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Road Traffic (Administration) Act 2008 amended Part 3
s. 13
1 (b) to investigate a breach or suspected breach of a
2 provision mentioned in paragraph (a);
3 RTA Part 6A documentation means any
4 documentation, whether in paper, electronic or any
5 other form, that is directly or indirectly associated with
6 the immobilisation, towing or detention of motor
7 vehicles;
8 RTA Part 6A offence means an offence under any of
9 the following provisions --
10 (a) a provision in the Road Traffic Act 1974
11 Part 6A;
12 (b) any regulation made under or for the purposes
13 of a provision mentioned in paragraph (a);
14 (c) section 44 in relation to a direction under
15 section 39, 40 or 42 if the direction was for the
16 purpose of, or in connection with, exercising a
17 power in relation to a breach or suspected
18 breach of a provision mentioned in
19 paragraph (a) or (b);
20 (d) section 61C(4);
21 (e) section 61D(2) or (3);
22 (f) section 61E(3);
23 (g) section 71(5A) or (7A);
24
25 13. Section 38 amended
26 In section 38 in the definition of vehicle paragraph (d) delete
27 "5." and insert:
28
29 5 or 6A.
30
page 25
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Part 3 Road Traffic (Administration) Act 2008 amended
s. 14
1 14. Part 4 Divisions 6A and 6B inserted
2 After section 61 insert:
3
4 Division 6A -- Powers of inspection and search for
5 RTA Part 6A compliance purposes
6 61A. Inspection of premises
7 (1) In this section --
8 premises means --
9 (a) premises at or from which a person carries on
10 business relating to or involving the
11 immobilisation, towing or detention of motor
12 vehicles; or
13 (b) premises that are occupied by a person in
14 connection with a business relating to or
15 involving the immobilisation, towing or
16 detention of motor vehicles; or
17 (c) premises that are a registered office of a person
18 in connection with a business relating to or
19 involving the immobilisation, towing or
20 detention of motor vehicles; or
21 (d) premises where records required to be kept
22 under the Road Traffic Act 1974 Part 6A
23 (including any regulation made, or requirement
24 imposed, under or for the purposes of that Part)
25 are located or where any such records are
26 required to be located; or
27 (e) a storage yard, as defined in the Road Traffic
28 Act 1974 section 91.
29 (2) A police officer may inspect premises for RTA Part 6A
30 compliance purposes.
page 26
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Road Traffic (Administration) Act 2008 amended Part 3
s. 14
1 (3) The power to inspect premises under this section
2 includes --
3 (a) the power to inspect and take copies of or
4 extracts from any records located at the
5 premises (including in any vehicle located at
6 the premises) and required to be kept under the
7 Road Traffic Act 1974 Part 6A (including any
8 regulation made, or requirement imposed,
9 under or for the purposes of that Part); and
10 (b) the power to use photocopying equipment on
11 the premises free of charge for the purpose of
12 copying any records or other material.
13 (4) Section 54(3), (4), (5), (6), (7) and (9) apply to an
14 inspection of premises or exercise of powers under this
15 section as if it were an inspection of premises or
16 exercise of powers under section 54.
17 61B. Search of premises
18 (1) In this section --
19 premises has the meaning given to that term in
20 section 61A(1) and includes premises where the officer
21 concerned reasonably believes that any RTA Part 6A
22 documentation is located.
23 (2) A police officer may search premises for RTA Part 6A
24 compliance purposes.
25 (3) A police officer may, for RTA Part 6A compliance
26 purposes, search, or enter and search, any vehicle at
27 premises being searched under this section.
28 (4) The power to search premises under this section
29 includes --
30 (a) the power to search for and inspect any records,
31 devices or other things that are located at the
32 premises (including in any vehicle located at
page 27
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Part 3 Road Traffic (Administration) Act 2008 amended
s. 14
1 the premises) that the officer reasonably
2 believes are or contain RTA Part 6A
3 documentation or are relevant to RTA Part 6A
4 compliance purposes; and
5 (b) the power to take copies of or extracts from any
6 of the following --
7 (i) any RTA Part 6A documentation
8 located at the premises;
9 (ii) any other records, or any readout or
10 other data obtained from any device or
11 thing, located at the premises that the
12 officer reasonably believes provide, or
13 may on further inspection provide,
14 evidence of an RTA Part 6A offence;
15 and
16 (c) the power to use photocopying equipment on
17 the premises free of charge for the purpose of
18 copying any records or other material.
19 (5) During a search of premises under this section a police
20 officer may seize and remove any records, devices or
21 other things from the premises that the officer
22 reasonably believes provide, or may on further
23 inspection provide, evidence of an RTA Part 6A
24 offence.
25 (6) Section 55(3), (5), (6), (7), (9) and (11) apply to a
26 search of premises or exercise of powers under this
27 section as if it were a search of premises or exercise of
28 powers under section 55.
page 28
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Road Traffic (Administration) Act 2008 amended Part 3
s. 14
1 Division 6B -- Other directions in relation to RTA
2 Part 6A compliance purposes
3 61C. Direction to produce records, devices or other
4 things
5 (1) A police officer may, for RTA Part 6A compliance
6 purposes, direct a person to produce any of the
7 following --
8 (a) a record required to be kept under the Road
9 Traffic Act 1974 Part 6A (including any
10 regulation made, or requirement imposed,
11 under or for the purposes of that Part);
12 (b) a record comprising RTA Part 6A
13 documentation in the person's possession or
14 under the person's control;
15 (c) a device or other thing that contains or may
16 contain a record referred to in paragraph (a) or
17 (b), in the person's possession or under the
18 person's control.
19 (2) A direction under subsection (1) must --
20 (a) specify --
21 (i) the record, device or other thing to be
22 produced; or
23 (ii) the classes of record, device or other
24 thing to be produced;
25 and
26 (b) state where and to whom the record, device or
27 other thing is to be produced.
28 (3) A police officer may do any or all of the following --
29 (a) inspect a record, device or other thing that is
30 produced;
page 29
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Part 3 Road Traffic (Administration) Act 2008 amended
s. 14
1 (b) make copies of, or take extracts from, a record,
2 device or other thing that is produced;
3 (c) seize and remove a record, device or other thing
4 that is produced that the officer reasonably
5 believes may on further inspection provide
6 evidence of an RTA Part 6A offence.
7 (4) A person to whom a direction is given under
8 subsection (1) must not, without reasonable excuse, fail
9 to comply with the direction.
10 Penalty for this subsection: a fine of 50 PU.
11 (5) In subsection (4) --
12 reasonable excuse does not include the excuse that the
13 production of a record, device or other thing that
14 contains or may contain a record might tend to
15 incriminate the person or make the person liable to a
16 penalty.
17 (6) Despite subsection (5), a record, device or other thing
18 produced by a person in compliance with a direction
19 under subsection (1) is not admissible in evidence in
20 any proceedings against the person.
21 61D. Direction to provide information
22 (1) A police officer may, for RTA Part 6A compliance
23 purposes, direct a person to provide information to the
24 officer in relation to any matter related to the RTA
25 Part 6A compliance purposes.
26 (2) A person to whom a direction is given under
27 subsection (1) must not, without reasonable excuse, fail
28 to comply with the direction.
29 Penalty for this subsection: a fine of 50 PU.
30 (3) A person to whom a direction is given under
31 subsection (1) must not provide information that is
page 30
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Road Traffic (Administration) Act 2008 amended Part 3
s. 14
1 false or misleading in a material particular in purported
2 compliance with the direction.
3 Penalty for this subsection: a fine of 100 PU.
4 (4) In subsection (2) --
5 reasonable excuse --
6 (a) includes that the person did not know and could
7 not have been reasonably expected to know or
8 ascertain the required information; but
9 (b) does not include the excuse that the required
10 information might tend to incriminate the
11 person or make the person liable to a penalty.
12 (5) Despite subsection (4), information provided by a
13 person in compliance with a direction under
14 subsection (1) is not admissible in evidence in any
15 proceedings against the person other than a prosecution
16 for an offence under subsection (3).
17 61E. Direction to provide reasonable assistance for
18 powers of inspection and search
19 (1) A police officer may direct a person to provide
20 assistance to the officer to enable the officer to
21 effectively exercise a power under section 61A or 61B.
22 (2) A direction under subsection (1) --
23 (a) can be given in relation to a power under
24 section 61A or 61B only while the power can
25 lawfully be exercised; and
26 (b) ceases to have effect when that power is no
27 longer exercisable.
28 (3) A person to whom a direction is given under
29 subsection (1) must not, without reasonable excuse, fail
30 to comply with the direction.
31 Penalty for this subsection: a fine of 50 PU.
page 31
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Part 3 Road Traffic (Administration) Act 2008 amended
s. 15
1 (4) In subsection (3) --
2 reasonable excuse --
3 (a) includes --
4 (i) that the direction was unreasonable; or
5 (ii) that the direction or its subject matter
6 was outside the scope of the business or
7 other activities of the person;
8 but
9 (b) does not include the excuse that the assistance
10 may result in information being provided that
11 might tend to incriminate the person or make
12 the person liable to a penalty.
13 (5) Despite subsection (4), information that resulted from
14 the assistance provided by a person in compliance with
15 a direction under subsection (1) is not admissible in
16 evidence in any proceedings against the person.
17 61F. Directions under this Division
18 Sections 60 and 61 apply to a direction under this
19 Division as if the direction were a direction under
20 Division 6.
21
22 15. Part 4 Division 7 heading amended
23 In the heading to Part 4 Division 7 after "purposes" insert:
24
25 or RTA Part 6A compliance purposes
26
page 32
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Road Traffic (Administration) Act 2008 amended Part 3
s. 16
1 16. Section 63 amended
2 In section 63(3):
3 (a) in paragraph (c) after "purposes" insert:
4
5 or RTA Part 6A compliance purposes
6
7 (b) in paragraph (d) delete "28," and insert:
8
9 28 or in paragraph (a) of the definition of RTA Part 6A
10 compliance purposes in section 28,
11
12 17. Part 4 Division 8 heading amended
13 In the heading to Part 4 Division 8 after "purposes" insert:
14
15 or RTA Part 6A compliance purposes
16
17 18. Section 67 amended
18 In section 67(1) and (2) after "5" insert:
19
20 or 6A
21
22 19. Section 68 amended
23 In section 68(1) after "5" insert:
24
25 or 6A
26
page 33
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Part 3 Road Traffic (Administration) Act 2008 amended
s. 20
1 20. Section 69 amended
2 In section 69(1)(c) delete "offence." and insert:
3
4 offence or an RTA Part 6A offence.
5
6 21. Part 4 Division 9 heading amended
7 In the heading to Part 4 Division 9 after "purposes" insert:
8
9 or RTA Part 6A compliance purposes
10
11 22. Section 70 amended
12 In section 70(2) delete "5" and insert:
13
14 5, 6, 6A or 6B
15
16 23. Section 71 amended
17 (1) In section 71(1)(a) delete "5; and" and insert:
18
19 5, 6, 6A or 6B; and
20
21 (2) In section 71(3)(c) delete "(7)." and insert:
22
23 (7) or subsections (5A) and (7A), whichever are applicable.
24
page 34
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Road Traffic (Administration) Act 2008 amended Part 3
s. 23
1 (3) In section 71(5) delete "A person commits an offence if the
2 person knows that an embargo notice relates to a" and insert:
3
4 If an embargo notice (an MDLR embargo notice) is issued in
5 relation to a record, device or other thing that a police officer is
6 authorised to seize under Division 5 or 6, a person commits an
7 offence if the person knows that the embargo notice relates to
8 the
9
10 (4) In section 71(5) in the Penalty delete "Penalty:" and insert:
11
12 Penalty for this subsection:
13
14 (5) After section 71(5) insert:
15
16 (5A) If an embargo notice (an RTA Part 6A embargo
17 notice) is issued in relation to a record, device or other
18 thing that a police officer is authorised to seize under
19 Division 6A or 6B, a person commits an offence if the
20 person knows that the embargo notice relates to the
21 record, device or other thing and the person --
22 (a) does anything that is prohibited by the notice;
23 or
24 (b) instructs another person to do anything that is
25 prohibited by the notice; or
26 (c) instructs another person to do anything that the
27 notice prohibits the first-mentioned person from
28 doing.
29 Penalty for this subsection: a fine of 100 PU.
30
page 35
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Part 3 Road Traffic (Administration) Act 2008 amended
s. 24
1 (6) In section 71(6) after "(5)" insert:
2
3 or (5A)
4
5 (7) In section 71(7)(a) before "embargo notice" insert:
6
7 MDLR
8
9 (8) In section 71(7) in the Penalty delete "Penalty:" and insert:
10
11 Penalty for this subsection:
12
13 (9) After section 71(7) insert:
14
15 (7A) A person commits an offence if --
16 (a) an RTA Part 6A embargo notice has been
17 served on the person; and
18 (b) the person fails to take reasonable steps to
19 prevent any other person from doing anything
20 forbidden by the notice.
21 Penalty for this subsection: a fine of 100 PU.
22 24. Section 74 amended
23 In section 74(2)(d), (3)(c) and (5)(c) delete "(c)," and insert:
24
25 (c) (including under any of those sections as applied by
26 section 61A(4) or 61B(6)),
27
page 36
Road Traffic Amendment (Immobilisation, Towing and Detention of
Vehicles) Bill 2020
Road Traffic (Administration) Act 2008 amended Part 3
s. 25
1 25. Section 78 amended
2 In section 78 delete "5 or 6" and insert:
3
4 5, 6, 6A or 6B
5
6 26. Section 105 amended
7 (1) In section 105(1) delete "1974" and insert:
8
9 1974, other than an offence under Part 6A of that Act or a
10 regulation made for the purposes of Part 6A of that Act,
11
12 (2) In section 105(2) delete "law other than the Road Traffic
13 Act 1974" and insert:
14
15 law, other than an offence to which subsection (1) applies,
16
17 27. Section 133 amended
18 (1) In section 133(1)(g) delete "things." and insert:
19
20 things; or
21
22 (2) After section 133(1)(g) insert:
23
24 (h) of the CEO to grant, or refuse to grant, an
25 approval under the Road Traffic Act 1974
26 section 104(3).
27
28
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