(1) A person must not
detain a parked motor vehicle by —
(a)
failing to release the vehicle on demand to a relevant person for the vehicle;
or
(b)
refusing to release the vehicle unless a relevant person for the vehicle makes
any payment for or in relation to the release.
Penalty for this subsection: a fine of 100 PU.
(2) Subsection (1)
does not apply if the vehicle is detained —
(a) by,
or with the consent of, a relevant person for the vehicle; or
(b) in
the exercise of authorised enforcement action; or
(c) in
the exercise of a security power; or
(d)
under and in accordance with a written law; or
(e) in
the exercise of a right under a parking agreement, where —
(i)
the vehicle is parked in a parking facility; and
(ii)
the means of detention is the permanent infrastructure
controlling entry to, or exit from, the parking facility; and
(iii)
under the parking agreement, the payment of a fee is a
condition of the vehicle being allowed to leave the parking facility;
or
(f) in
circumstances prescribed by the regulations.
[Section 105E inserted: No. 38 of 2020 s. 5.]
[Heading inserted: No. 38 of 2020 s. 5.]