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New South Wales
Road Transport (General) Amendment
(Vehicle Sanctions) Bill 2012
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendments to Road Transport (General) Act 2005 No 11
relating to clamping of vehicles 3
Schedule 2 Amendments to Road Transport (General) Act 2005 No 11
relating to number plate confiscation and other vehicle
sanctions 7
Schedule 3 Amendment of Regulations 22
b2011-138-19.d12
New South Wales
Road Transport (General) Amendment
(Vehicle Sanctions) Bill 2012
No , 2012
A Bill for
An Act to amend the Road Transport (General) Act 2005 with respect to sanctions
for offences involving police pursuits, high range speeding and certain other driving
offences; and for other purposes.
Clause 1 Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Road Transport (General) Amendment (Vehicle 3
Sanctions) Act 2012. 4
2 Commencement 5
(1) This Act commences on the date of assent, except as provided by 6
subsection (2). 7
(2) Schedules 2 and 3 (other than Schedule 3.1 [4], [16], [17] and [19]) 8
commence on a day or days to be appointed by proclamation. 9
Page 2
Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Amendments to Road Transport (General) Act 2005 No 11 relating to Schedule 1
clamping of vehicles
Schedule 1 Amendments to Road Transport 1
(General) Act 2005 No 11 relating to 2
clamping of vehicles 3
[1] Part 5.5, Division 2, heading 4
Omit "wheel clamping,". 5
[2] Section 217 Definitions 6
Omit the definitions of clamp and clamping agent. 7
[3] Section 218 Removal or production of vehicles used for certain offences 8
for impounding or forfeiture 9
Omit "clamping or" from section 218 (1) (b). 10
[4] Section 218 (1A) (a) 11
Omit the paragraph. 12
[5] Section 218 (1C) and (1D) 13
Omit the subsections. 14
[6] Section 218 (6) 15
Omit "clamping or" wherever occurring. 16
[7] Section 219 Impounding or forfeiture of vehicles on finding of guilt of 17
driver who is a registered operator of the vehicle 18
Omit section 219 (3). 19
[8] Section 219 (5) and (7) 20
Omit "clamping or" wherever occurring. 21
[9] Section 219 (7) 22
Omit "clamped or". 23
[10] Section 219 (8) 24
Omit ", clamping" wherever occurring. 25
[11] Section 219A Impounding or forfeiture of vehicles on finding of guilt of 26
driver who is not the registered operator of the vehicle 27
Omit "clamped by a clamping agent at an appropriate place or" from 28
section 219A (3) (b). 29
Page 3
Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Schedule 1 Amendments to Road Transport (General) Act 2005 No 11 relating to
clamping of vehicles
[12] Section 219A (5) and (6) 1
Omit "clamping or" wherever occurring. 2
[13] Section 219A (6) 3
Omit "clamped or". 4
[14] Section 219C Clamping agents 5
Omit the section. 6
[15] Section 219D Identification of clamping agents 7
Omit the section. 8
[16] Section 219E Return of identification cards 9
Omit the section. 10
[17] Section 219F Fees for clamping of motor vehicles 11
Omit the section. 12
[18] Section 219G Offence relating to wheel clamping 13
Omit the section. 14
[19] Section 220 Registered operator and interested persons to be notified 15
Omit "clamping or" wherever occurring. 16
[20] Section 220 (3) 17
Omit "clamped or". 18
[21] Section 221 Retention of motor vehicle impounded under section 218 19
Omit section 221 (1A). 20
[22] Section 221 (2) and (3) 21
Omit "or clamped" wherever occurring. 22
[23] Section 223 Release of impounded vehicle 23
Omit section 223 (1). 24
[24] Section 224 Release of motor vehicle on application to Local Court 25
Omit "or for the removal of clamps from a motor vehicle" from 26
section 224 (1). 27
Page 4
Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Amendments to Road Transport (General) Act 2005 No 11 relating to Schedule 1
clamping of vehicles
[25] Section 224 (4) 1
Omit "clamped or". 2
[26] Section 224 (4A) 3
Omit ", or the removal of clamps from a motor vehicle that was clamped,". 4
[27] Section 225 Safe keeping of motor vehicles 5
Omit section 225 (2). 6
[28] Section 225A 7
Omit the section. Insert instead: 8
225A Protection from liability with respect to impounding and crash 9
testing 10
No action lies against the Crown, the Minister, the 11
Commissioner, Transport for NSW, the Authority or any police 12
officer for any damage to, or theft of, a motor vehicle caused by, 13
or arising from, impounding or crash testing a motor vehicle in 14
accordance with this Division. 15
[29] Schedule 1 Savings, transitional and other provisions 16
Insert at the end of clause 1 (1): 17
Road Transport (General) Amendment (Vehicle Sanctions) 18
Act 2012 19
[30] Schedule 1, Part 10 20
Insert after Part 9: 21
Part 10 Provisions consequent on enactment of 22
Road Transport (General) Amendment 23
(Vehicle Sanctions) Act 2012 24
22 Definition 25
In this Part: 26
amending Act means the Road Transport (General) Amendment 27
(Vehicle Sanctions) Act 2012. 28
23 Motor vehicles clamped before commencement of Schedule 1 to 29
the amending Act 30
Division 2 of Part 5.5 of this Act, as in force immediately before 31
the commencement of Schedule 1 to the amending Act, continues 32
Page 5
Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Schedule 1 Amendments to Road Transport (General) Act 2005 No 11 relating to
clamping of vehicles
to apply to and in respect of a motor vehicle clamped under the 1
provisions of that Division before that commencement. 2
24 Impounding, forfeiture and other penalties for certain high range 3
speed and police pursuit offences 4
(1) Sections 218 and 219 (as inserted by the amending Act) do not 5
apply to or in respect of the use of a motor vehicle in connection 6
with a high range speed offence or an offence under section 51B 7
of the Crimes Act 1900 that was committed before the insertion 8
of those sections. 9
(2) However, if a motor vehicle that was used in connection with an 10
offence under a high range speed offence or section 51B of the 11
Crimes Act 1900 for which a person was found guilty before the 12
insertion of those sections, that finding may be taken into account 13
in deciding whether the motor vehicle has been used in 14
connection with a second or subsequent such offence for the 15
purposes of determining any penalty that may be imposed by a 16
court or the Authority under section 219 (as inserted by the 17
amending Act). 18
25 Disposal and crash testing of motor vehicles 19
Section 227 and the regulations made under that section, as in 20
force immediately before the commencement of Schedule 2 [1] 21
to the amending Act, continue to apply to and in respect of a 22
motor vehicle impounded or forfeited under Division 2 of 23
Part 5.5 before that commencement. 24
Page 6
Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Amendments to Road Transport (General) Act 2005 No 11 relating to Schedule 2
number plate confiscation and other vehicle sanctions
Schedule 2 Amendments to Road Transport 1
(General) Act 2005 No 11 relating to 2
number plate confiscation and other 3
vehicle sanctions 4
[1] Part 5.5, Division 2 5
Omit the Division. Insert instead: 6
Division 2 Detention, impounding and forfeiture of 7
vehicles and confiscation of number plates 8
Subdivision 1 General 9
217 Object and effect of Division 10
(1) This Division provides for the imposition of certain sanctions in 11
addition to any other penalties that may be imposed by or under 12
the road transport legislation with respect to sanctionable 13
offences. 14
(2) Nothing in this Division affects any discretion or power that a 15
court or person has apart from this Division in respect of any 16
sanctionable or other offence. 17
217A Definitions 18
(1) In this Division: 19
camera recorded offence means a speeding offence that was 20
recorded by an approved camera recording device, or approved 21
average speed detection device, within the meaning of the Road 22
Transport (Safety and Traffic Management) Act 1999. 23
Commissioner means the Commissioner of Police. 24
crash test means a test to measure the effect of the impact of a 25
motor vehicle that collides with another vehicle or other object, 26
or a pedestrian, that is conducted by a person or body designated 27
by the Authority. 28
designated speed limit, in relation to a driver on a length of road, 29
means: 30
(a) except as provided by paragraph (b)--the speed limit 31
applicable to the driver on the length of road (including a 32
length of road in a school zone) under the Road Transport 33
(Safety and Traffic Management) Act 1999, or 34
(b) if the speed limit applicable to the driver on the length of 35
road (not being a length of road in a school zone) under 36
Page 7
Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Schedule 2 Amendments to Road Transport (General) Act 2005 No 11 relating to
number plate confiscation and other vehicle sanctions
that Act is determined by a variable illuminated message 1
device or other speed limit sign indicating a speed limit 2
lower than that normally applicable to the road--the speed 3
limit that would normally be applicable to the driver on the 4
length of road under that Act. 5
high range speed offence means an offence (not being a camera 6
recorded offence) of driving a vehicle at a speed more than 7
45 kilometres per hour over the designated speed limit applying 8
to the driver for the length of road at the time the offence is 9
committed. 10
number plate means a number plate issued by the Authority and 11
includes a special number-plate within the meaning of section 8A 12
of the Road Transport (Vehicle Registration) Act 1997. 13
number plate confiscation notice means a notice in a form 14
approved by the Commissioner containing the information 15
prescribed by the regulations for the purposes of this definition. 16
number plate confiscation period, in relation to a motor vehicle, 17
means the period during which the vehicle is prohibited from 18
being operated on a road by a number plate confiscation notice. 19
offending operator means a person who, at the time of an offence 20
or alleged offence in connection with which a motor vehicle was 21
or is being used, was or is both the driver, and a registered 22
operator, of the motor vehicle. 23
production notice in relation to a motor vehicle or number 24
plates--see section 218A (1). 25
registered interest, in relation to a motor vehicle, means a 26
security interest in the vehicle with respect to which a financing 27
statement (within the meaning of the Personal Property 28
Securities Act 2009 of the Commonwealth) has been registered 29
under that Act. 30
sanctionable offence means any of the following: 31
(a) a high range speed offence, 32
(b) an offence under section 40 or 41 (2) of the Road 33
Transport (Safety and Traffic Management) Act 1999, 34
(c) an offence under section 51B (Police pursuits) of the 35
Crimes Act 1900, 36
(d) any other offence prescribed by the regulations. 37
school zone has the meaning that it has in the road rules 38
prescribed under the Road Transport (Safety and Traffic 39
Management) Act 1999. 40
Page 8
Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Amendments to Road Transport (General) Act 2005 No 11 relating to Schedule 2
number plate confiscation and other vehicle sanctions
(2) In this Division: 1
working day, in relation to the impoundment of a motor vehicle, 2
or the delivery or confiscation of number plates, means a day that 3
is not: 4
(a) a Saturday or Sunday, or 5
(b) a public holiday or a bank holiday in the place at which the 6
motor vehicle was impounded, or the number plates were 7
confiscated or required to be delivered under this Division. 8
Subdivision 2 Additional sanctions for certain offences 9
218 When additional sanctions may be imposed 10
A police officer may impose any one or more of the sanctions set 11
out in section 218A if the police officer reasonably believes that 12
a motor vehicle: 13
(a) is being or has (on that day or during the past 10 days) been 14
operated on a road by an offending operator of the vehicle 15
so as to commit a sanctionable offence, or 16
(b) is being or has (on that day or during the past 10 days) been 17
operated on a road by a driver (whether or not an offending 18
operator of the motor vehicle) during a number plate 19
confiscation period, or 20
(c) is being or has (on that day or during the past 10 days) been 21
operated on a road by an offending operator of the vehicle 22
who has committed an offence under section 218E (Failure 23
to comply with production notice), or 24
(d) is being operated on a road by a person who has been 25
charged with an offence under section 218F (Number plate 26
and other offences), or 27
(e) is the subject of forfeiture under section 219. 28
218A Sanctions that may be imposed 29
(1) The police officer may do any one or more of the following: 30
(a) seize and take charge of the motor vehicle and cause it to 31
be moved to a place determined by the Commissioner, 32
(b) immediately, or as soon as practicable afterwards, give or 33
send the offending operator a notice (a motor vehicle 34
production notice) requiring the offending operator to 35
move or cause the vehicle to be moved to, or to produce or 36
cause to be produced to a police officer at, a place specified 37
Page 9
Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Schedule 2 Amendments to Road Transport (General) Act 2005 No 11 relating to
number plate confiscation and other vehicle sanctions
in the notice no later than on the date and time specified in 1
the notice (the motor vehicle production date), 2
(c) remove and confiscate the number plates affixed to the 3
motor vehicle and attach a number plate confiscation 4
notice to the motor vehicle, 5
(d) immediately or as soon as practicable afterwards: 6
(i) give the offending operator a notice (a number plate 7
production notice) requiring the offending operator 8
to remove or cause to be removed the number plates 9
affixed to the vehicle and produce them to a police 10
officer at a place specified in the notice no later than 11
on the date and time specified in the notice (the 12
number plate production date), and 13
(ii) attach a number plate confiscation notice to the 14
motor vehicle, 15
(e) as soon as practicable afterwards, send to the offending 16
operator at the garage address of the motor vehicle: 17
(i) a notice (a number plate production notice) 18
requiring the offending operator to remove or cause 19
to be removed the number plates affixed to the 20
vehicle and produce them to a police officer at a 21
place specified in the notice no later than on the date 22
and time specified in the notice (the number plate 23
production date), and 24
(ii) a number plate confiscation notice. 25
(2) An offending operator who is sent a number plate confiscation 26
notice under subsection (1) (e) must attach the number plate 27
confiscation notice to the motor vehicle in the manner described 28
on the notice no later than on the number plate production date. 29
Maximum penalty: 30 penalty units. 30
(3) Except as provided by this Division, a motor vehicle to which a 31
number plate confiscation notice is attached under: 32
(a) subsection (1) (c) is prohibited from being operated on any 33
road during the period of 3 months commencing on the day 34
the notice is attached to the vehicle, and 35
(b) subsection (1) (d) or (e) is prohibited from being operated 36
on any road during the period of 3 months commencing 37
from the number plate production date. 38
Note. See section 218F with respect to number plate offences. 39
Page 10
Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Amendments to Road Transport (General) Act 2005 No 11 relating to Schedule 2
number plate confiscation and other vehicle sanctions
218B Production notices 1
(1) The date specified in a motor vehicle production notice or 2
number plate production notice for production of a motor vehicle 3
or number plates, respectively, must be a date that is no later than 4
the first working day occurring 5 days after the notice is given. 5
(2) A production notice may be given personally or by post and must 6
state the ground on which it is being given. 7
(3) The disposal of a motor vehicle within the period of 5 days after 8
a production notice is given in relation to the motor vehicle does 9
not affect the requirement to produce the motor vehicle or 10
number plates in accordance with the notice, except as provided 11
by subsection (4). 12
(4) A production notice ceases to have effect in relation to a motor 13
vehicle or number plates if it is withdrawn by the Commissioner 14
by notice in writing given to: 15
(a) the offending operator concerned, or 16
(b) a person who purchased the motor vehicle after the 17
production notice was given who satisfies the 18
Commissioner that the purchase was made in good faith 19
for value and without notice, at the time of the purchase, of 20
the production notice. 21
Note. It is an offence under section 218F (4) to operate a motor 22
vehicle to which a number plate confiscation notice is attached 23
when the vehicle is not the subject of such a notice. 24
(5) On being given notice of the withdrawal of a production notice 25
under subsection (4), the offending operator or purchaser 26
concerned must remove any number plate confiscation notice 27
attached to the motor vehicle before the motor vehicle is operated 28
on any road. 29
218C Powers and duties relating to seizure of motor vehicles and 30
removal of number plates 31
(1) A motor vehicle may be seized, or number plates confiscated 32
from a motor vehicle, under section 218A on: 33
(a) a road or public place, or 34
(b) any other place, with the consent of the owner or occupier 35
of the place or under the authority of a search warrant 36
issued under section 228. 37
Page 11
Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Schedule 2 Amendments to Road Transport (General) Act 2005 No 11 relating to
number plate confiscation and other vehicle sanctions
(2) For the purpose of exercising the powers conferred by section 1
218A (1) (a) or (c), a police officer may: 2
(a) cause any locking device or other feature of the motor 3
vehicle concerned that is impeding the seizure and 4
movement of the motor vehicle to be removed, dismantled 5
or neutralised and may, if the driver or any other person 6
will not surrender the keys to the vehicle, start the vehicle 7
by other means, and 8
(b) use or caused to be used such equipment and force as is 9
necessary to remove number plates and remove or disable 10
any device or thing impeding the removal of the number 11
plates. 12
(3) A motor vehicle may be moved under section 218A (1) (a): 13
(a) by being driven, whether or not under power, or by its 14
being towed or pushed, or in any other manner, and 15
(b) by one or more police officers or, at the direction of a 16
police officer by persons engaged by the Commissioner, 17
and may be impounded at premises under the control of the 18
Commissioner or of another authority or person. 19
(4) A police officer is to deliver, or cause to be delivered, number 20
plates that are confiscated under section 218A to the Authority as 21
soon as practicable (but no later than 5 working days after they 22
are confiscated). 23
(5) A motor vehicle to which a number plate confiscation notice is 24
attached under section 218A (1) (c) may: 25
(a) be moved by its being driven, whether or not under power, 26
or by its being towed or pushed, or in any other manner, to 27
the nearest place at which, in the opinion of the police 28
officer concerned, it may lawfully stand at that time, and 29
(b) be towed (at the expense of the registered operator) to its 30
normal garage address. 31
(6) If a motor vehicle is moved in accordance with this section by a 32
tow truck, the person operating or driving the tow truck may take 33
such action as is reasonable or necessary to facilitate the towing 34
of the vehicle in a manner that does the least damage to the 35
vehicle. In taking any such action, the person is not liable for any 36
damage to the vehicle that the person causes. 37
Note. For example, a tow truck driver may need to break into an 38
unattended motor vehicle that is causing an obstruction in order to 39
release the hand brake and avoid doing serious damage to the vehicle's 40
transmission. 41
Page 12
Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Amendments to Road Transport (General) Act 2005 No 11 relating to Schedule 2
number plate confiscation and other vehicle sanctions
(7) The registered operator of a motor vehicle that has had its number 1
plates removed is responsible for the safe and legal parking of the 2
vehicle, any fees for removal or towing and any other costs and 3
financial loss incurred (including any parking fines and any fees 4
for the issue of any number plate to replace a number plate 5
damaged when removed under this section). 6
218D Removal, impounding and production of vehicle 7
(1) Any motor vehicle moved to, or produced at, a place in 8
accordance with section 218A may, subject to the regulations, be 9
impounded by the Commissioner at that place or may be moved 10
to and impounded at any other place determined by the 11
Commissioner. 12
(2) A certificate in writing given by a police officer as to the fact and 13
cost of any such movement is evidence of those matters. 14
218E Failure to comply with production notice 15
(1) A driver who is a registered operator of a motor vehicle is guilty 16
of an offence if: 17
(a) the driver is given a motor vehicle production notice in 18
relation to the motor vehicle, and 19
(b) without reasonable excuse, the driver fails to move the 20
motor vehicle to or produce it at, or cause it to be moved to 21
or produced at, the place, on the date and within the time 22
period, specified in the notice. 23
Maximum penalty: 30 penalty units. 24
(2) A driver who is a registered operator of a motor vehicle is guilty 25
of an offence if: 26
(a) the driver is given a number plate production notice in 27
relation to number plates affixed to the vehicle, and 28
(b) without reasonable excuse, the driver fails to remove or 29
caused to be removed the number plates and produce or 30
cause them to be produced at the place, on the date and 31
within the time period, specified in the notice. 32
Maximum penalty: 30 penalty units. 33
(3) The Authority may suspend the registration of a registrable 34
vehicle for a period not exceeding 3 months if the registered 35
operator of the vehicle: 36
(a) is found guilty of an offence under this section, or 37
(b) pays the whole or part of the amount specified in a penalty 38
notice issued in respect of an offence under this section, or 39
Page 13
Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Schedule 2 Amendments to Road Transport (General) Act 2005 No 11 relating to
number plate confiscation and other vehicle sanctions
in any process subsequent to such a penalty notice, as the 1
amount that is payable in order to dispose of the alleged 2
offence without having it dealt with by a court, or 3
(c) has not paid the amount so specified, has not elected to 4
have the matter dealt with by a court and the time for 5
electing to have the matter so dealt with has elapsed. 6
Note. Under this section, the Authority may suspend the registration of 7
a vehicle even if the court does not proceed to conviction after finding the 8
driver or registered operator guilty and makes an order under section 10 9
of the Crimes (Sentencing Procedure) Act 1999. 10
(4) Any suspension under subsection (3) is in addition to any penalty 11
imposed by a court or prescribed by the regulations under 12
section 183 for the offence. 13
(5) A motor vehicle used by an offending operator who has 14
committed a second or subsequent offence under this section is, 15
by the finding of guilt by the court, forfeited to the Crown unless 16
already forfeited under section 219 or the court otherwise directs 17
under section 219A (Commutation of forfeiture). 18
Note. A forfeited motor vehicle may be crash tested--see 19
section 225 (6). 20
(6) For the purposes of subsection (5), an offence under this section 21
includes an offence in respect of which the charge is found 22
proven, or a person is found guilty, (but without proceeding to a 23
conviction) under section 10 of the Crimes (Sentencing 24
Procedure) Act 1999. 25
218F Number plate and other offences 26
(1) A person must not, without lawful excuse, operate a motor 27
vehicle on a road during a number plate confiscation period 28
applying to the motor vehicle. 29
Maximum penalty: 30 penalty units. 30
(2) A person must not, without lawful excuse, remove, tamper with 31
or modify a number plate confiscation notice attached to a motor 32
vehicle during a number plate confiscation period applying to the 33
motor vehicle. 34
Maximum penalty: 30 penalty units. 35
(3) A person must not, without lawful excuse, operate a motor 36
vehicle on a road during a number plate confiscation period 37
Page 14
Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Amendments to Road Transport (General) Act 2005 No 11 relating to Schedule 2
number plate confiscation and other vehicle sanctions
applying to the motor vehicle while any of the following is 1
affixed to the vehicle: 2
(a) a number plate issued (whether or not in respect of the 3
registration of that particular vehicle) under a law in force 4
in New South Wales or any other State or Territory, 5
(b) an altered number plate issued under such a law, 6
(c) a number plate likely to be mistaken for, or resembling, 7
such a number plate. 8
Maximum penalty: 30 penalty units. 9
(4) A person must not operate a motor vehicle on a road with a 10
number plate confiscation notice, or thing resembling such a 11
notice, attached to the vehicle when the vehicle is not the subject 12
of such a notice. 13
Maximum penalty: 20 penalty units. 14
(5) A registered operator of a registrable vehicle (other than the 15
driver of the vehicle) used in contravention of this section is also 16
guilty of an offence if it is proved that the operator caused, 17
permitted, allowed or failed to take reasonable precautions to 18
prevent, the contravention. 19
Maximum penalty: 30 penalty units. 20
(6) A person must not by a false statement or representation attempt 21
to obtain the release of: 22
(a) a vehicle impounded under this Division, or 23
(b) number plates confiscated under this Division. 24
Maximum penalty: 30 penalty units. 25
(7) The driver of a motor vehicle is not guilty of an offence under this 26
section if he or she did not know, and could not reasonably have 27
known, that: 28
(a) the motor vehicle was subject to a number plate 29
confiscation notice, or 30
(b) the number plates were affixed to the motor vehicle in 31
contravention of subsection (3). 32
(8) The registered operator of a motor vehicle is not guilty of an 33
offence under this section if he or she did not know, and could not 34
reasonably have known, that: 35
(a) the motor vehicle was being operated in contravention of a 36
number plate confiscation notice, or 37
(b) the number plates were affixed to the motor vehicle in 38
contravention of subsection (3). 39
Page 15
Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Schedule 2 Amendments to Road Transport (General) Act 2005 No 11 relating to
number plate confiscation and other vehicle sanctions
219 Forfeiture of vehicles on finding of guilt of offending operator 1
(1) A motor vehicle used in connection with a sanctionable offence 2
that is a second or subsequent offence by the offending operator 3
under the provision concerned within a 5 year period is, by the 4
finding of guilt by the court, forfeited to the Crown unless already 5
forfeited under section 218E or the court otherwise directs under 6
section 219A. 7
Note. A forfeited motor vehicle may be crash tested--see 8
section 225 (6). 9
(2) A motor vehicle used in connection with an offence under 10
section 218F (a number plate offence) is, by the finding of guilt 11
by the court, forfeited to the Crown unless already forfeited under 12
section 218E or the court otherwise directs under section 219A. 13
Note. A forfeited motor vehicle may be crash tested--see 14
section 225 (6). 15
(3) Any forfeiture under this section is in addition to any other 16
penalty that may be imposed for the offence concerned, but for 17
the purposes of any rights of appeal against a penalty so imposed 18
by the court finding the offence to be proven, the forfeiture is 19
taken to be, or to be part of, that penalty. 20
(4) For the purposes of this section, payment of the amount specified 21
in a penalty notice issued in respect of a sanctionable offence or 22
a number plate offence, or in any process issued subsequent to 23
such a penalty notice, as the amount that is payable in order to 24
dispose of the alleged offence without having it dealt with by a 25
court has the same effect as a finding by a court that the offence 26
was proven. 27
219A Commutation of forfeiture 28
(1) The court that finds a person guilty of an offence referred to in 29
section 218E (5) or 219 (2) may, at the time of making that 30
finding, by order direct that the forfeiture that would otherwise be 31
imposed under the provision concerned by that finding be 32
commuted to a period of impounding, or confiscation of number 33
plates, specified in the order, if the court is satisfied that the 34
forfeiture of the motor vehicle will cause extreme hardship to the 35
offending operator or any other person. 36
(2) For the purposes of subsection (1), financial loss or difficulty in 37
carrying out employment (whether paid or unpaid) or in 38
travelling to a place of employment or business or to any place 39
for the purposes of education, training or study does not 40
constitute extreme hardship. 41
Page 16
Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Amendments to Road Transport (General) Act 2005 No 11 relating to Schedule 2
number plate confiscation and other vehicle sanctions
(3) The period for which a motor vehicle was impounded under 1
section 218D is to be reckoned as counting towards a period of 2
impounding imposed under this section. 3
(4) A motor vehicle impounded by an order of a court under this 4
section is to be retained by the Commissioner for the time 5
required by the order, unless it is sooner released under this 6
Division. 7
(5) Number plates confiscated by an order of a court under this 8
section are to be retained by the Authority for the time required 9
by the order, unless they are sooner released under this Division. 10
220 Interested persons to be notified 11
The offending operator is to give the holder of any registered 12
interest in a motor vehicle notice of the imposition of any 13
sanction in relation to the motor vehicle operated in connection 14
with the offence concerned under section 218A. 15
221 Retention of motor vehicle impounded or number plates 16
confiscated under this Division 17
(1) The Commissioner is to retain a motor vehicle impounded under 18
section 218D for the period of 3 months after its impoundment, 19
unless it is sooner released under this Division or in accordance 20
with the regulations. 21
(2) The Authority is to retain number plates confiscated under 22
section 218A for the period of 3 months after they are 23
confiscated, unless they are sooner released under this Division 24
or in accordance with the regulations. 25
(3) This section does not apply in the case of a motor vehicle 26
impounded in the circumstances referred to in section 218 (e), 27
except as prescribed by the regulations. 28
222 Early release of motor vehicle and number plates on application to 29
Local Court 30
(1) A person may apply to the Local Court for an order for the release 31
into the person's custody of: 32
(a) a motor vehicle impounded under this Division before the 33
end of the period of impounding imposed on the motor 34
vehicle, or 35
(b) number plates confiscated under this Division before the 36
end of the number plate confiscation period applying to the 37
number plates. 38
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Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Schedule 2 Amendments to Road Transport (General) Act 2005 No 11 relating to
number plate confiscation and other vehicle sanctions
(2) An order cannot provide for release on a day that is less than 1
5 working days after the vehicle was impounded or the number 2
plates were confiscated. 3
(3) In determining whether to make an order under this section, the 4
Local Court is entitled to have regard to the following: 5
(a) the safety of the public and the public interest in preventing 6
the use of a motor vehicle that the Court considers is 7
reasonably likely in all the circumstances to be used for 8
further sanctionable offences, 9
(b) any alleged extreme hardship to a person other than the 10
registered operator of the motor vehicle arising from the 11
impoundment of the vehicle or confiscation of the number 12
plates. 13
(4) The motor vehicle or number plates are to be released by order of 14
the Local Court only after the applicant has paid in full any 15
applicable movement, towing and storage fees under section 223. 16
(5) An applicant into whose custody a motor vehicle is released by 17
an order under this section must acknowledge in writing receipt 18
of the motor vehicle from the custody of the Commissioner. 19
(6) An applicant into whose custody number plates are released by 20
an order under this section must acknowledge in writing receipt 21
of the number plates from the custody of the Authority. 22
(7) An applicant into whose custody number plates are released by 23
an order under this section must remove any number plate 24
confiscation notice attached to the motor vehicle before the motor 25
vehicle is operated on any road. 26
223 Release of impounded vehicle and number plates 27
(1) The regulations may prescribe the fees (if any) payable in respect 28
of the movement, towage and storage of an impounded vehicle or 29
release of number plates and the persons responsible for payment 30
of those fees. 31
(2) It is the duty of the Commissioner to endeavour to cause any 32
impounded motor vehicle to be available for collection by a 33
person entitled to its possession as soon as the person is entitled 34
to it. 35
(3) However, the Commissioner is not required to release any motor 36
vehicle under this section or to release any vehicle in accordance 37
with an order of the Local Court unless all movement, towing and 38
storage fees payable under this section in respect of the 39
impounded vehicle have been paid in full. 40
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Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Amendments to Road Transport (General) Act 2005 No 11 relating to Schedule 2
number plate confiscation and other vehicle sanctions
(4) An applicant to whom a motor vehicle is released under this 1
section must in writing acknowledge receipt of the vehicle from 2
the custody of the Commissioner. 3
(5) The Commissioner may waive the whole or any part of the 4
prescribed fees for movement, towage and storage of a motor 5
vehicle. 6
(6) It is the duty of the Authority to endeavour to cause any number 7
plates to be available for collection by a person entitled to 8
possession of the number plates as soon as the person is entitled 9
to them or, if the number plates were damaged when removed 10
under this Division, to issue replacement number plates. 11
224 Safe keeping of motor vehicles 12
The Commissioner has (in the Commissioner's official capacity) 13
a duty to take all reasonable steps to secure an impounded motor 14
vehicle against theft or damage (otherwise than by crash testing 15
under this Division) while impounded. 16
225 Disposal and crash testing of vehicles 17
(1) The Commissioner may cause an impounded or forfeited motor 18
vehicle to be offered for sale in the circumstances prescribed by 19
the regulations. The sale is to be by public auction or public 20
tender. 21
(2) The motor vehicle may be disposed of otherwise than by sale if 22
the Commissioner believes on reasonable grounds that the 23
vehicle has no monetary value or that the proceeds of the sale 24
would be unlikely to exceed the costs of sale. 25
(3) If the motor vehicle offered for sale is not sold, the Commissioner 26
may dispose of the motor vehicle otherwise than by sale. 27
(4) The regulations may make provision for or with respect to the 28
disposal of the proceeds of any such sale, including provisions for 29
or with respect to entitling persons to seek to be paid any such 30
proceeds. 31
(5) At the request of the Authority, the Commissioner may dispose 32
of a motor vehicle that is the subject of forfeiture under section 33
219 by releasing it to the Authority to be used for the purposes of 34
crash testing and any educational program for drivers of motor 35
vehicles established by the Authority. 36
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Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Schedule 2 Amendments to Road Transport (General) Act 2005 No 11 relating to
number plate confiscation and other vehicle sanctions
(6) The Authority may cause any motor vehicle released to it to be 1
used for the purposes of crash testing and any educational 2
program for drivers of motor vehicles established by the 3
Authority. 4
226 Protection from liability with respect to impounding, removal of 5
number plates and crash testing and other matters 6
No action lies against the Crown, the Minister, the 7
Commissioner, the Authority, Transport for NSW or any police 8
officer for: 9
(a) any damage to, or theft of, a motor vehicle caused by, or 10
arising from, impounding or crash testing a motor vehicle 11
or removing number plates from a motor vehicle in 12
accordance with this Division, or 13
(b) failure by an offending operator to give the holder of a 14
registered interest notice as required by section 220. 15
227 Failure to prosecute 16
(1) No action lies against the Crown, the Minister, the Commissioner 17
or any police officer in respect of the seizure or impounding of a 18
motor vehicle, or the confiscation of number plates, under this 19
Division for an alleged offence for which no proceedings or 20
process are taken or issued. 21
(2) This section does not protect a police officer from liability in 22
respect of the seizure or confiscation, otherwise than in good 23
faith, of a motor vehicle or number plates. 24
228 Search warrants 25
(1) A police officer may apply to an authorised officer for a search 26
warrant if the police officer has reasonable grounds for believing 27
that there is or, within 72 hours, will be on any premises a motor 28
vehicle that has been operated as referred to in section 218 or in 29
relation to which number plates have been, or are being, used in 30
contravention of section 218F. 31
(2) An authorised officer to whom such an application is made may, 32
if satisfied that there are reasonable grounds for doing so, issue a 33
search warrant authorising a police officer named in the warrant: 34
(a) to enter the premises, and 35
(b) to search the premises for such a motor vehicle or number 36
plates, and 37
(c) to seize such a motor vehicle or number plates, and 38
otherwise deal with it, in accordance with this Division. 39
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Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Amendments to Road Transport (General) Act 2005 No 11 relating to Schedule 2
number plate confiscation and other vehicle sanctions
(3) Division 4 of Part 5 of the Law Enforcement (Powers and 1
Responsibilities) Act 2002 applies to a search warrant issued 2
under this section. 3
(4) In this section, authorised officer and premises have the same 4
meanings as they have in the Law Enforcement (Powers and 5
Responsibilities) Act 2002. 6
[2] Section 242 Alternate appeal rights to Local Court 7
Omit "section 224 for the release of an impounded vehicle" from section 8
242 (1) (c). 9
Insert instead "section 222 for the release of an impounded vehicle or 10
confiscated number plates". 11
[3] Section 244 Unpaid charges and fees 12
Omit "section 218 (6)". Insert instead "section 223". 13
Page 21
Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Schedule 3 Amendment of Regulations
Schedule 3 Amendment of Regulations 1
3.1 Road Transport (General) Regulation 2005 2
[1] Clause 16 Determination of appeals against certain registration 3
decisions 4
Omit "section 219A" from clause 16 (4). Insert instead "section 219". 5
[2] Clause 27 Release of impounded vehicle on application to Local Court 6
Omit the clause. 7
[3] Part 4 8
Insert after clause 29B: 9
Part 4 Number plate confiscation 10
29C Number plate confiscation notices 11
(1) The following information is prescribed for the purposes of the 12
definition of number plate confiscation notice in section 217A 13
of the Act: 14
(a) a brief description of the effect of the notice and a 15
statement of the action that may be taken against the 16
registered operator and penalties that may apply if it is not 17
complied with, 18
(b) in the case of a number plate confiscation notice issued in 19
respect of a sanctionable offence, the provisions of the Act, 20
regulations or rules imposing the sanctionable offence, 21
(c) the registration number of the motor vehicle to which it 22
relates, 23
(d) the vehicle's VIN or, if there is no VIN, the chassis number 24
and engine number of the vehicle, 25
(e) the date of issue of the notice and the date on which the 26
number plate confiscation period imposed by the notice 27
will end, 28
(f) the name of the Local Area Command of the police officer 29
who issued the notice, 30
(g) the address of the motor registry or other place from which 31
the number plates can be collected on or after the end of the 32
number plate confiscation period, 33
(h) information about the right to apply to the Local Court to 34
seek release of the number plates. 35
Page 22
Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Amendment of Regulations Schedule 3
(2) In this clause: 1
motor registry means a place at which registration of a vehicle 2
can be effected by or on behalf of the Authority. 3
VIN has the same meaning as it has in the Road Transport 4
(Vehicle Registration) Regulation 2007. 5
[4] Part 5, heading 6
Omit "and clamped". 7
[5] Clause 36 Impounding fee 8
Omit "section 223 (2)". Insert instead "section 223 (1)". 9
[6] Clause 37 Towing fee for impounded vehicles 10
Omit "section 218" from clause 37 (1). Insert instead "section 218A or 218D". 11
[7] Clause 37 (3) (a) 12
Omit "relevant offence under section 40 or 41 of the Road Transport (Safety 13
and Traffic Management) Act 1999". 14
Insert instead "sanctionable offence within the meaning of Division 2 of 15
Part 5.5 of the Act". 16
[8] Clause 37 (7) (a) 17
Omit "offence under section 40 or 41 of the Road Transport (Safety and 18
Traffic Management) Act 1999". 19
Insert instead "sanctionable offence within the meaning of Division 2 of 20
Part 5.5 of the Act". 21
[9] Clause 37 (7) (b) 22
Omit "section 224". Insert instead "section 222". 23
[10] Clause 38 Disposal of impounded vehicles and forfeiture to the Crown 24
Omit "section 218, 219 or 219A" from clause 38 (1). 25
Insert instead "section 218A, 218D or 219". 26
[11] Clause 38 (1) 27
Omit "section 217". Insert instead "section 217A". 28
[12] Clause 38 (2) 29
Omit "section 227". Insert instead "section 225". 30
Page 23
Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Schedule 3 Amendment of Regulations
[13] Clause 38 (2) 1
Omit "section 219 or 219A". Insert instead "section 218E or 219". 2
[14] Clause 38 (3) 3
Omit "section 224". Insert instead "section 222". 4
[15] Clause 38 (4) 5
Insert "movement, towing and" after "deduction of any". 6
[16] Clause 38 (6) 7
Omit the subclause. 8
[17] Clause 38A Fees with respect to clamping of vehicles 9
Omit the clause. 10
[18] Schedule 1 Fees 11
Omit "section 223 (2)" from item 2. Insert instead "section 223 (1)". 12
[19] Schedule 1 13
Omit items 4-7. 14
[20] Schedule 3 Penalty notice offences 15
Omit "Section 218 (7)" and "Level 13" from the matter relating to the Road 16
Transport (General) Act 2005. 17
Insert instead "Section 218E (1) and (2)" and "Level 15", respectively. 18
[21] Schedule 3 19
Insert in appropriate order in Columns 1, 2 and 3 of the matter relating to the 20
Road Transport (General) Act 2005: 21
Sections 218A (2) and 218F (1)-(3) Class 1 Level 14
Section 218F (4) Class 1 Level 9
[22] Schedule 3 22
Insert in appropriate order in Columns 1, 2 and 3 of the matter relating to the 23
Road Transport (Vehicle Registration) Regulation 2007: 24
Clause 28C (1) and (2) Class 1 Level 15
Page 24
Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Amendment of Regulations Schedule 3
[23] Schedule 3 1
Insert "Clause 85 (1A);" after "Clause 84 (1);" in Column 1 of the matter 2
relating to the Road Transport (Vehicle Registration) Regulation 2007. 3
3.2 Road Transport (Vehicle Registration) Regulation 2007 4
[1] Clause 14 Maintenance of the Registers 5
Omit clause 14 (2A). Insert instead: 6
(2A) The Authority must record details of any finding of guilt under 7
section 218E of the Road Transport (General) Act 2005 in the 8
Register or another register kept by the Authority. 9
[2] Clause 28C 10
Insert after clause 28B: 11
28C Possession of number-plates 12
(1) A person is guilty of an offence if the person is in possession, 13
without lawful excuse, of number-plates issued by or under the 14
law of New South Wales or any other State or Territory. 15
Maximum penalty: 30 penalty units. 16
(2) A person is guilty of an offence if the person is in possession, 17
without lawful excuse, of number-plates that were not issued by 18
or under the law of New South Wales or any other State or 19
Territory but that could be mistaken for, or resemble, 20
number-plates so issued. 21
Maximum penalty: 30 penalty units. 22
Page 25
Road Transport (General) Amendment (Vehicle Sanctions) Bill 2012
Schedule 3 Amendment of Regulations
[3] Clause 85 Number-plate, registration certificate and label offences 1
Insert after clause 85 (1): 2
(1A) The driver of a registrable vehicle registered by the Authority is 3
guilty of an offence if the vehicle is used on a road or road related 4
area without displaying number-plates issued by the Authority 5
for the purpose of authorising the use of the vehicle. 6
Maximum penalty: 20 penalty units. 7
[4] Clause 85 (3) 8
Omit "subclause (1) or (2)". Insert instead "subclause (1), (1A) or (2)". 9
Page 26
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