AustLII Tasmanian Consolidated Acts

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TRAFFIC ACT 1925 - SECT 41B

Power of police officer to temporarily confiscate personal mobility devices, wheeled recreational devices and wheeled toys

(1)  In this section –
adult means a person who has attained the age of 17 years;
Commissioner means the Commissioner of Police;
contravention includes a failure to comply;
personal mobility device means a personal mobility device within the meaning of the Road Rules ;
wheeled recreational device means a wheeled recreational device within the meaning of the Road Rules ;
wheeled toy means a wheeled toy within the meaning of the Road Rules .
(2)  A police officer who reasonably believes that a person apparently in charge of a personal mobility device, wheeled recreational device or wheeled toy is using it contrary to the Road Rules may, having regard to the circumstances of the contravention and any attendant danger to the person or the public, seize and detain the device or toy.
(3)  Subsection (2) has effect whether or not the police officer takes any other action regarding the contravention.
(4)  The police officer, on seizing the personal mobility device, wheeled recreational device or wheeled toy, must inform the person how it may be re-claimed.
(5)  After 7 days the Commissioner must, when practicable, release the personal mobility device, wheeled recreational device or wheeled toy on request to –
(a) the person from whom it was seized if the person is then an adult; or
(b) if the person from whom it was seized is not then an adult –
(i) the person's parent or guardian; or
(ii) an adult who is legally entitled to take possession of the device or toy.
(6)  If the personal mobility device, wheeled recreational device or wheeled toy is not re-claimed and released within 30 days of its seizure, the Commissioner must make a reasonable attempt to notify the person from whom it was seized that, if not re-claimed, the device or toy will be forfeited to the Crown after a further 30 days.
(7)  If, after the Commissioner has complied with subsection (6) , the personal mobility device, wheeled recreational device or wheeled toy has still not been re-claimed and released within the further 30 days it is forfeited to the Crown and may be sold or otherwise disposed of as the Commissioner sees fit.



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