South Australian Numbered Acts South Australian Numbered ActsSection 86—delete the section and substitute:
86—Removal of vehicles causing obstruction or danger
(1) If a vehicle is
left unattended—
(a) on a
bridge or culvert; or
(b) on a
freeway; or
(c) on a
road, so as to be likely to obstruct traffic on the road or any event lawfully
authorised to be held on the road; or
(d) on a
road, so as to be likely to cause injury to any person or damage to any
property on the road; or
(e) on a
road, so as to obstruct or hinder vehicles from entering or leaving adjacent
land,
an authorised person may remove the vehicle to a convenient place and, for
that purpose, may enter the vehicle and drive it or arrange for it to be
driven or towed.
(2) For the purposes
of subsection (1), the following are authorised persons:
(a)
police officers;
(b)
officers of the council in whose area the vehicle is standing;
(c) in
the case of vehicles left standing on a freeway—persons authorised by
the Minister for the purposes of this section.
(3) If a vehicle is
removed under this section, the person who removed the vehicle must ensure
that the owner of the vehicle is notified of the removal of the vehicle and of
the place to which the vehicle was removed—
(a) by
written notice—
(i)
served on the owner personally; or
(ii)
sent by registered post to the owner's last-known
residential address,
forthwith after the removal of the vehicle; or
(b) by
public notice published in a newspaper circulating generally in the State
within 14 days after the removal of the vehicle.
(4) If the owner of a
vehicle removed under this section does not, within one month after service or
publication of the notice relating to the removal of the vehicle—
(a) take
possession of the vehicle; and
(b) pay
all expenses in connection with the removal, custody and maintenance of the
vehicle and of serving, posting or publishing the notice,
the relevant authority must, subject to subsection (5), offer the vehicle
for sale by public auction.
(5) If—
(a) a
vehicle removed under this section is offered for sale by public auction but
is not sold at the auction; or
(b) the
relevant authority reasonably believes that the proceeds of the sale of a
vehicle removed under this section would be unlikely to exceed the costs
incurred in selling the vehicle,
the relevant authority may dispose of the vehicle in such manner as the
relevant authority thinks fit.
(6) The
relevant authority must apply the proceeds of the sale of a vehicle sold by
the relevant authority under this section as follows:
(a)
firstly, in payment of the costs of and incidental to the sale;
(b)
secondly, in payment of the costs of and incidental to the removal, custody
and maintenance of the vehicle and of the notice served, posted or published
under this section; and
(c)
thirdly, in payment of the balance to the owner of the vehicle.
(7) If after
reasonable inquiry the owner of a vehicle sold under this section cannot be
found, the balance of the proceeds of the sale will be paid—
(a) if
the vehicle was sold by the Commissioner of Police or the Minister—to
the Treasurer to be credited to the Consolidated Account; or
(b) if
the vehicle was sold by a council—to the council.
(8) In
this section—
"event" has the same meaning as in section 33;
"freeway" means a length of road to which a freeway sign applies in accordance
with the Australian Road Rules ;
"relevant authority" means—
(a) in
relation to a vehicle removed by a police officer—the Commissioner of
Police; or
(b) in
relation to a vehicle removed by an officer of a council—the council; or
(c) in
relation to a vehicle removed by a person approved by the Minister—the
Minister.