South Australian Current Acts South Australian Current Acts98MI—Duty to surrender vehicle
(1) A person who has
in the person's possession or control a motor vehicle that has been damaged in
an accident and removed from the scene of the accident by a towtruck or that
has broken down and been removed by a towtruck, must, at the request of the
owner of the vehicle or a person acting on the owner's behalf, and upon
payment or tender of payment of all amounts lawfully claimed from the owner in
relation to—
(a)
removal of the vehicle from the scene of the accident or the place at which it
broke down;
(b)
storage of the vehicle;
(c)
quotation for repair of the vehicle;
(d)
repair of the vehicle,
forthwith deliver up the vehicle to the owner or person acting on the owner's
behalf.
Maximum penalty: $2 500.
(2) Notwithstanding
the provisions of section 98MF(2), no amount is payable for storage of a
motor vehicle referred to in subsection (1) for a period exceeding 14
days unless notices in the prescribed form and containing the prescribed
information have been given in the prescribed manner before the vehicle has
been stored for that period.
(3) An agreement or
arrangement that purports to exclude, modify or restrict the operation of
subsection (2) is to that extent void and of no effect.
(4) Subject to
subsection (5), where an authorised officer has reason to believe that a
person has failed to deliver up a vehicle in contravention of
subsection (1), the authorised officer may seize and remove the vehicle
and deliver it to the owner or person acting on the owner's behalf and for
that purpose may exercise the powers conferred on authorised officers for the
purpose of an investigation under section 98P.
(5) An authorised
officer must not exercise the powers conferred by subsection (4) except
upon the authority of a warrant issued by a justice.