Western Australian Current Acts Western Australian Current Acts In this Part —
authorised enforcement action has the meaning
given in section 93;
business day means a day that is not a Saturday,
Sunday or public holiday;
commencement day means the day on which the Road
Traffic Amendment (Immobilisation, Towing and Detention of Vehicles) Act 2020
section 5 comes into operation;
consent has the meaning given in section 92;
controller , in relation to premises, means a
person who is in occupation or control of the premises, or is entitled to be
in occupation or control of the premises, whether or not the person owns the
premises;
load , in relation to a motor vehicle and a tow
truck, means to lift or otherwise move the motor vehicle onto the tow truck,
or to secure the motor vehicle to the tow truck, or both, so that the motor
vehicle is ready to be removed by the tow truck;
on-site release charge has the meaning given in
section 100(2);
parked , in relation to a motor vehicle, means
parked, stood or left at premises;
parking agreement —
(a)
means an agreement, however formed, for the terms and conditions on which a
motor vehicle may be parked at premises; but
(b) does
not include an agreement that deals with parking only as a matter that is
ancillary or incidental to the main purpose of the agreement;
parking facility means a facility for the parking
of motor vehicles where entry to, or exit from, the facility is controlled by
permanent infrastructure;
public entity means —
(a) an
agency or organisation, as those terms are defined in the Public Sector
Management Act 1994 section 3(1); or
(b) a
body (whether incorporated or not), or the holder of an office, that is
established or continued for a public purpose under a written law; or
(c) a
local government, regional local government or regional subsidiary; or
(d) a
person employed in, authorised by or engaged for the purposes of, a person or
body referred to in paragraphs (a) to (c); or
(e) a
person or body, or a person or body in a class of persons or bodies,
prescribed by the regulations;
relevant person , for a motor vehicle, means each
of the following —
(a) a
person who is entitled to the immediate possession of the vehicle;
(b) the
driver of the vehicle or, in relation to a vehicle that is parked or was
parked before it was towed, loaded or partially loaded onto a tow truck, the
person who was driving or otherwise in charge of the vehicle when it was
parked;
security interest , in a motor vehicle —
(a)
means a security interest (as defined in the Personal Property Securities Act
2009 (Commonwealth) section 12) in the vehicle; and
(b)
includes a possessory lien or pledge over the vehicle; and
(c)
despite paragraphs (a) and (b), does not include anything referred to in those
paragraphs that arises only under a parking agreement or only in connection
with a motor vehicle being parked at premises;
security power , in relation to a motor vehicle,
means a power over the vehicle that a person is entitled to exercise as the
holder of a security interest in the vehicle;
storage charges means any charges imposed on a
relevant person for a motor vehicle for or in relation to any of the following
—
(a) the
storage, release or viewing of the vehicle after it has been towed;
(b)
access to the vehicle after it has been towed;
(c)
access to personal property that is or was in the vehicle after it has been
towed;
storage yard means premises used for storing motor
vehicles that have been towed;
tow includes to —
(a)
carry; and
(b) lift
and tow; and
(c) lift
and carry; and
(d) lift
for the purpose of towing;
towing arrangement has the meaning given in
section 94;
towing charges means any charges, other than
storage charges, imposed on a relevant person for a motor vehicle for or in
relation to towing the vehicle including, without limitation, charges for any
of the following —
(a)
anything done in preparation for towing the vehicle, including travelling to
premises and taking steps to find a relevant person for the vehicle;
(b)
loading the vehicle onto a tow truck;
(c)
towing the vehicle;
towing service provider has the meaning given in
section 94;
tow truck means a motor vehicle used or intended
to be used to tow another motor vehicle;
tow truck driver means a person who drives a tow
truck for the purpose of towing motor vehicles.
[Section 91 inserted: No. 38 of 2020 s. 5.]