{"id":"government-railways-removal-and-disposal-of-vehicles-bylaw-1978","name":"Government Railways (Removal and Disposal of Vehicles) By-law 1978","slug":"government-railways-removal-and-disposal-of-vehicles-by-law-1978","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176715,"registerId":"wa-government-railways-removal-and-disposal-of-vehicles-bylaw-1978-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Government Railways (Removal and Disposal of Vehicles) By-law 1978","content":"![Crest]()Western Australia\n\nGovernment Railways Act 1904\n\nGovernment Railways (Removal and Disposal of Vehicles) By-law 1978\n\nWestern Australia\n\nGovernment Railways (Removal and Disposal of Vehicles) By-law 1978\n\nContents\n\n1. Citation 1\n\n3. Interpretation 1\n\n4. Appointment of authorised persons 2\n\n5. Entry and removal of vehicles 2\n\n6. Appointment of appointed place 2\n\n7. Disposal of uncollected vehicles 2\n\n8. Prerequisites of disposal 3\n\n9. Application of proceeds of sale of vehicle 3\n\n10. Recovery of costs 3\n\n11. Charges 4\n\nNotes\n\nCompilation table 5\n\nOther notes 5\n\nDefined terms\n\n  \n\nGovernment Railways Act 1904\n\nGovernment Railways (Removal and Disposal of Vehicles) By‑law 1978\n\n[Heading deleted: Gazette 12 Dec 2003 p. 5046.]\n\n##### 1. Citation\n\n(1) This by‑law may be cited as the *Government Railways (Removal and Disposal of Vehicles) By‑law 1978*.\n\n(2) The main legislative units of this by‑law are called rules, and a rule may contain 2 or more subrules (this sentence, for example, being subrule (2) of rule 1).\n\n[Rule 1 amended: Gazette 12 Dec 2003 p. 5046.]\n\n[**2.** Deleted: SL 2020/207 r. 4.]\n\n##### 3. Interpretation\n\nIn this by‑law unless the contrary intentions appears —\n\n  appointed place means a place appointed by the Authority under this by‑law for the custody of a vehicle removed pursuant to this by‑law;\n\n  authorised person means a person appointed by the Authority to exercise any powers conferred on him by this by‑law;\n\n  the Act means the *Government Railways Act 1904*.\n\n[Rule 3 amended: Gazette 12 Dec 2003 p. 5046 and 5046‑7.]\n\n##### 4. Appointment of authorised persons\n\nThe Authority may appoint persons for the purposes of this by‑law.\n\n[Rule 4 amended: Gazette 12 Dec 2003 p. 5046‑7; SL 2020/207 r. 5.]\n\n##### 5. Entry and removal of vehicles\n\n(1) If a vehicle is left on a railway for a period in excess of 7 days, an authorised person may use such force as is necessary to enter the vehicle for the purposes of removing it and may remove the vehicle to an appointed place.\n\n(2) If an authorised person is of the opinion that a vehicle left on a railway creates a hazard or is unsafe, the authorised person may use such force as is necessary to enter the vehicle for the purposes of removing it and may remove the vehicle to an appointed place.\n\n[Rule 5 inserted: SL 2020/207 r. 6.]\n\n##### 6. Appointment of appointed place\n\nThe Authority may appoint any place or places as it thinks convenient in which vehicles removed pursuant to this by‑law may be held in custody.\n\n[Rule 6 amended: Gazette 12 Dec 2003 p. 5046‑7.]\n\n##### 7. Disposal of uncollected vehicles\n\nSubject to rule 8 where a vehicle is not recovered within a period of 2 months from a place in which it is held pursuant to rule 6 the Authority may sell or otherwise dispose of the vehicle.\n\n[Rule 7 amended: Gazette 12 Dec 2003 p. 5046 and 5046‑7.]\n\n##### 8. Prerequisites of disposal\n\n(1) The authority must not sell or otherwise dispose of a vehicle under this by‑law unless and until the Authority has caused —\n\n(a) enquiries to be made as to the ownership of the vehicle; and\n\n(b) the owner of the vehicle to be notified by email or post that it is the intention of the Authority to sell or otherwise dispose of the vehicle.\n\n(2) Where by reason that the whereabouts of the owner are not known or otherwise the owner of a vehicle cannot be notified of the intention of the Authority to sell or otherwise dispose of the vehicle the Authority shall publish in a daily newspaper circulating throughout the State notice of intention to sell or otherwise dispose of the vehicle.\n\n[Rule 8 amended: Gazette 12 Dec 2003 p. 5046‑7; SL 2020/207 r. 7.]\n\n##### 9. Application of proceeds of sale of vehicle\n\nIf a vehicle is sold or otherwise disposed of under this by‑law the proceeds of a sale (if any) of the vehicle may be applied by the Authority towards recouping the costs of the removal, custody and disposal of the vehicle.\n\n[Rule 9 inserted: SL 2020/207 r. 8.]\n\n##### 10. Recovery of costs\n\n(1) Where the costs of the removal, custody and disposal of the vehicle exceed the proceeds of a sale (if any) of the vehicle the amount of the excess may be recovered by the Authority from the owner in any court of competent jurisdiction.\n\n(2) Where the proceeds of a sale (if any) of a vehicle exceed the costs of the removal, custody and disposal of the vehicle the amount of such excess shall be paid to the owner of the vehicle, or, where the identity or whereabouts of the owner is unknown, shall be credited to the account referred to in the *Public Transport Authority Act 2003* section 32.\n\n[Rule 10 amended: Gazette 12 Dec 2003 p. 5046 and 5046‑7; SL 2020/207 r. 9.]\n\n##### 11. Charges\n\nThe following charges shall be paid by a person who desires to recover a vehicle held in custody under this by‑law —\n\nFor the removal of the vehicle to an appointed place for custody — $60 plus $2.60 per kilometre.\n\nFor custody of a vehicle — $10 for each day or part day of custody.\n\n[Rule 11 amended: SL 2020/207 r. 10.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Government Railways (Removal and Disposal of Vehicles) By-law 1978* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Removal and Disposal of Vehicles By‑laws* 1 | 21 Jul 1978 p. 2688‑9 | 21 Jul 1978 |\n| *Government Railways Amendment and Repeal By‑laws 2003* bl. 6 | 12 Dec 2003 p. 5041‑7 | 12 Dec 2003 |\n| **Reprint 1: The *Government Railways (Removal and Disposal of Vehicles) By-law 1978* as at 7 May 2004** (includes amendments listed above) | | |\n| *Government Railways (Removal and Disposal of Vehicles) Amendment By‑law 2020* | SL 2020/207<br>23 Oct 2020 | r. 1 and 2: 23 Oct 2020 (see r. 2(a));   By‑law other than r. 1 and 2: 24 Oct 2020 (see r. 2(b)) |\n\n\nOther notes\n\n1 Now known as the *Government Railways (Removal and Disposal of Vehicles) By‑law 1978*; citation changed (see note under r. 1).\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nappointed place 3\n\nauthorised person 3\n\nthe Act 3\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The by-law remains tightly focused on its original purpose: removing and disposing of vehicles from railway property. The 2020 amendments added email as a notification method and inserted explicit rules about cost recovery and proceeds application, but these were clarifications of existing practices rather than scope expansion. The legislation has not grown beyond its initial remit of railway vehicle management."},"complexity_factors":["Only 3 defined terms in the interpretation section (appointed place, authorised person, the Act)","Straightforward procedural structure: removal → storage → notification → disposal → financial settlement","No nested exceptions or complex conditional logic—rules apply sequentially","Single cross-reference to the Public Transport Authority Act 2003 (section 32) regarding unclaimed sale proceeds","Short document: 11 rules spanning 4 pages of content","Clear 7-day abandonment threshold and 2-month disposal waiting period","2020 amendments modernised notification methods (adding email) without adding structural complexity"],"plain_english_summary":"**What this law does:**\n\nThis Western Australian by-law gives the Government Railways Authority (now the Public Transport Authority) the power to remove, impound, and sell vehicles that are abandoned or left in dangerous spots on railway property.\n\n**Who it affects:**\n\n- **Vehicle owners** who leave their cars, trucks, or other vehicles on railway land for more than 7 days, or who create safety hazards\n- **Railway authorities** who need to clear obstructions from tracks and railway property\n- **People wanting to reclaim impounded vehicles** who must pay removal and storage fees\n\n**How it works:**\n\n- **Removal:** If a vehicle sits on railway land for over a week, or if it's deemed unsafe, authorised railway staff can break into it (using \"reasonable force\") and tow it to a holding yard.\n- **Storage:** The Authority can designate holding yards (\"appointed places\") to store removed vehicles.\n- **Reclaiming your vehicle:** Owners can get their vehicle back by paying:\n  - **$60 plus $2.60 per kilometre** for the tow\n  - **$10 per day** (or part-day) for storage\n- **Disposal:** If nobody claims the vehicle within **2 months**, the Authority can sell it or scrap it—but first they must try to find the owner and notify them by email or post. If they can't find the owner, they must publish a newspaper notice.\n- **Money matters:** \n  - Sale proceeds first cover towing and storage costs\n  - If the sale doesn't cover costs, the Authority can sue the owner for the shortfall\n  - If there's money left over after costs, it goes to the owner—or into a government account if the owner can't be found\n\n**Why it matters:**\n\nThis law keeps railway corridors clear for safety and operations. It stops abandoned vehicles from blocking trains or creating hazards, while giving owners a fair process to reclaim their property and ensuring the railway isn't out of pocket for cleaning up other people's messes."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text is unavailable. The title suggests a narrow, specific purpose — removal and disposal of vehicles from government railway property — which typically indicates a by-law that remained close to its original intent throughout its life. No amendments or scope changes can be verified."},"complexity_factors":["No legislative text is available to assess — the source page has been taken down","Complexity cannot be meaningfully rated without the actual content","Score of 1 reflects the inability to identify any complexity, not actual simplicity of the law","By-laws of this era and type are generally narrow in scope, suggesting low inherent complexity"],"plain_english_summary":"Likely a 1978 Western Australian by‑law setting rules for removing and disposing of abandoned or unattended vehicles on government railway land. It would have empowered railway authorities to clear such vehicles, affecting vehicle owners who left cars on railway property. Its present practical relevance is limited given later rail restructuring, though the by‑law’s current legal status is unknown."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The by‑law has been amended since 1978 in ways that broaden operational powers and clarify financial procedures. Notable changes include explicit authority to enter using force and remove vehicles (rule 5, inserted SL 2020/207 r.6), a specific rule allowing application of sale proceeds to recovery of costs (rule 9, inserted SL 2020/207 r.8), and updated charges and recovery mechanics (rules 10–11, amended SL 2020/207 r.9–10). Amendments also introduced procedural detail on owner notification (rule 8) and cross‑referenced the Public Transport Authority Act s.32 for unclaimed surplus funds (rule 10), shifting some practical decision‑making and financial flow to the Authority."},"complexity_factors":["Discretion to authorise agents and appoint custody locations (rules 4 and 6) — gives the Authority operational control over who acts and where vehicles are held.","Use of force authorised for entry and removal (rule 5) — creates legal risk and requires operational safeguards and training.","Time thresholds and disposal trigger points are simple (7 days, 2 months) but require accurate record‑keeping (rules 5 and 7).","Owner‑notification steps vary by circumstance: email/post notice normally, or statewide newspaper when owner cannot be located (rule 8) — adds procedural steps and costs.","Financial mechanics: sale proceeds first applied to costs (rule 9), excess paid to owner or credited to Public Transport Authority account where owner unknown (rule 10) — includes cross‑statutory reference (Public Transport Authority Act s.32).","Liability allocation: reclaiming person pays fixed removal and per‑km fees plus daily custody charges (rule 11); owner may be sued for any shortfall between costs and sale proceeds (rule 10) — this creates direct financial incentives and potential litigation costs.","Amendment history and cross‑references (2003, 2020 amendments; citation of another Act) increase interpretive work for practitioners and administrators."],"plain_english_summary":"This by‑law lets the rail authority clear vehicles left on railways: authorised staff can enter and remove vehicles left over seven days or seen as hazardous, hold them at appointed places, and, if uncollected after two months, sell or otherwise dispose of them. It requires attempts to notify owners before disposal and allows sale proceeds to cover removal, custody and disposal costs. Reclaiming a vehicle requires paying specified removal and daily custody charges."}},"importantCases":[],"_links":{"self":"/api/acts/government-railways-removal-and-disposal-of-vehicles-by-law-1978","history":"/api/acts/government-railways-removal-and-disposal-of-vehicles-by-law-1978/history","analysis":"/api/acts/government-railways-removal-and-disposal-of-vehicles-by-law-1978/analysis","conflicts":"/api/acts/government-railways-removal-and-disposal-of-vehicles-by-law-1978/conflicts","importantCases":"/api/acts/government-railways-removal-and-disposal-of-vehicles-by-law-1978/important-cases","documents":"/api/acts/government-railways-removal-and-disposal-of-vehicles-by-law-1978/documents"}}