Western Australian Current Acts

ROAD TRAFFIC ACT 1974 - SECT 92

92 .         Term used: consent

        (1)         A motor vehicle is immobilised, towed or detained with the consent of a relevant person for the vehicle if, prior to the immobilisation, towing or detention occurring —

            (a)         a relevant person or a person who appears to be a relevant person gives express consent to the immobilisation, towing or detention; or

            (b)         a relevant person or a person who appears to be a relevant person enters into an agreement (other than a parking agreement) under which the immobilisation, towing or detention is expressly or impliedly authorised.

        (2)         For the purposes of subsection (1)(a), the express consent of the relevant person or the person who appears to be a relevant person must —

            (a)         be given by express words; and

            (b)         relate to the particular occurrence of immobilisation, towing or detention, rather than being a general consent to immobilisation, towing or detention or to immobilisation, towing or detention in specified circumstances.

        [Section 92 inserted: No. 38 of 2020 s. 5.]